Introduction:

The Rajasthan High Court, in a groundbreaking decision, affirms the ‘right to be forgotten’ for juvenile delinquents if they have received the benefits of Section 24 of the Juvenile Justice (Care & Protection of Children) Act, 2015. The single-judge bench, presided over by Dr. Justice Pushpendra Singh Bhati, delivered the judgment in response to a plea challenging the cancellation of public employment due to juvenile delinquency. The court not only quashed the impugned order but also restrained the state from seeking information about previous criminal antecedents as juveniles, where Section 24 has been applied.

Arguments:

The petitioner, a candidate seeking appointment as a police constable, faced denial despite meritorious performance, citing concealment of criminal antecedents during juvenile delinquency. The petitioner argued that the Juvenile Justice Board (JJB) had extended the benefits of Section 24, allowing for the destruction of conviction records. The defense emphasized the legislative intent behind Sections 3 (xiv) and 24 of the 2015 Act, as well as Rule 14 of the Juvenile Justice Model Rules, aiming to protect juvenile delinquents from the enduring impact of convictions on future prospects.

Court’s Judgement:

Justice Bhati, after examining the JJB’s order and relevant provisions, concluded that the petitioner rightfully entered ‘No’ regarding criminal antecedents in the application form. The court highlighted the legislative intent to provide juveniles a fresh start and remove convictions as disqualifications for future prospects. Emphasizing the need for complete erasure of conviction records under Section 24, the court instructed authorities to appoint the petitioner within three months if found meritorious and eligible on othercounts.