Study reveals shocking incarceration of children in Indian prisons: 9,681 wrongly held in adult facilities

The findings, based on data obtained through research and government Right to Information (RTI) applications, highlights systemic failures in safeguarding the rights of minors in conflict with the law.

A recent study conducted by the London-based organisation iProBono has revealed a distressing reality regarding the wrongful incarceration of children in India. In six years, from January 1, 2016, to December 31, 2021, about 9,681 children were discovered to have been wrongfully held in adult facilities. This alarming revelation averages to more than 1,600 children being transferred out of prisons annually.

The findings, based on data obtained through research and government Right to Information (RTI) applications, highlights systemic failures in safeguarding the rights of minors in conflict with the law.

One such case spotlighted in the study is that of Neha, a Child in Conflict with the Law (CCL), whose harrowing ordeal began in April 2018. Accused by her father of murdering her mother at the tender age of 17, Neha fell within the legal classification of a minor under the Juvenile Justice (JJ) Act. Despite this, she endured years of jail term in an adult jail before securing bail.

Former Supreme Court Judge and chairperson of the Supreme Court Juvenile Justice Committee, Ravindra Bhat, attributed this grave injustice to the failure of states to fulfill their role as the legal protectors of vulnerable children. He stressed that the states have faltered in their duty to shield children from harm.

The study exposed significant gaps in data collection and reporting, with glaring omissions noted in responses from states such as Madhya Pradesh, West Bengal, Nagaland, and Ladakh. These lacunae contributed to missing data from 85 district and central prisons.

Founder General Secretary of Prayas JAC Society Amod Kanth expressed astonishment at the extent of children lodged in jails across India, calling for urgent action from all stakeholders to address this pressing issue.

Further analysis revealed concerning trends regarding the duration children spent in custody before transfer. For instance, data from Jail No. 5 in Central Prison Tihar, Delhi, indicated prolonged detention periods, with the majority of transferred children spending less than three months in custody.