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Current Affairs

Allahabad High Court Upholds Juvenile's Right to be Forgotten Under Juvenile Justice Act, 2015

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On May 29, 2026, the Allahabad High Court ruled that a conviction recorded against a juvenile cannot be used as a legal impediment for issuing a passport under Section 24 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The bench emphasized the 'right to be forgotten' for juveniles, protecting their future prospects by preventing ongoing stigma from juvenile convictions. The case arose from a passport application rejection by the Regional Passport Officer, Lucknow, in March 2021 due to an adverse police report linked to a minor’s criminal record. The Court linked the right to travel abroad with personal liberty under Article 21 of the Indian Constitution, quashing the rejection and directing re-evaluation without considering the juvenile conviction unless other legal barriers exist.

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Key Facts

  • Judgment Date: May 29, 2026
  • Court: Allahabad High Court (Division Bench)
  • Judges: Justices Ajit Kumar and Indrajeet Shukla
  • Legal Provision Invoked: Section 24, Juvenile Justice (Care and Protection of Children) Act, 2015
  • Constitutional Provision: Article 21 (Right to Life and Personal Liberty)
  • Case Context: Passport application rejection by Regional Passport Officer, Lucknow, March 2021
  • Petitioner: Mohd. Yunus Ansari

Background & Context

The Juvenile Justice (Care and Protection of Children) Act, 2015, aims to remove the continuing legal effect of juvenile convictions to protect the rehabilitation and future opportunities of juveniles. Section 24 specifically ensures that convictions recorded when a person was a juvenile do not disqualify or stigmatize the individual in adulthood. The passport authority had rejected an application on the basis of a juvenile criminal case recorded against the petitioner. The Allahabad High Court held that such juvenile conviction records should not impede the fundamental right to travel abroad, a component of personal liberty guaranteed under Article 21 of the Constitution of India.

Why This Matters for Exams

This case illustrates the protection of juveniles under the Juvenile Justice Act, especially the application of Section 24 and the principle of the "right to be forgotten" in legal practice. It presents an important intersection between juvenile law and fundamental rights under the Constitution, including the right to personal liberty and freedom of movement under Article 21. Students studying constitutional law, juvenile justice, and administrative law topics should note the judiciary's approach towards rehabilitation and removal of stigma related to juvenile offenses, as it impacts rights such as passport issuance governed under the Passports Act, 1967.

Points to Remember

  • The Juvenile Justice (Care and Protection of Children) Act, 2015 came into effect on January 15, 2016, replacing the earlier 2000 Act.
  • Section 24 of the Act provides protection to juveniles against legal and social disqualification stemming from juvenile convictions by ensuring destruction of records after prescribed periods and preventing stigma.
  • The "right to be forgotten" is considered an absolute right for juveniles benefiting under Section 24, allowing them a fresh start in society.
  • Article 21 of the Constitution of India protects personal liberty, including rights related to travel abroad, which the Court applied in the context of passport issuance.
  • The Regional Passport Officer acts under the Passports Act, 1967, and must consider juvenile justice protections in their decisions.
  • The Allahabad High Court is a principal high court based in Prayagraj, and the judgment was delivered by a division bench comprising Justices Ajit Kumar and Indrajeet Shukla.
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