The Karnataka High Court said that the presence of policemen in their uniforms, carrying weapons, while interrogating children is a serious violation of the provisions under the Juvenile Justice (Care and Protection of Children) Act, 2015.
The police had interrogated 85 children, some as young as 9 years of age regarding the sedition case on the staging of an anti-CAA drama at Shaheen Education Society in Bidar last year, reported Live Law.
Last year, children of the Shaheen Education Society belonging to classes 4, 5, and 6 had staged a play on the CAA and NRC.
An activist named Nilesh Rakshala filed a complaint against the school at the Bidar New Town police station saying that the school authorities for performing "anti-national activities" and "spreading negative opinion" about Parliamentary laws. The Headmistress of the school and a parent of a child were arrested and released on bail.
The bench orally stated that if the court condones this action, it will be repeated and it cannot condone such actions at all. "Why are children subjected to all this? This has to be corrected, this can't go on like this," remarked the court.
The court was addressing a petition filed by Lawyer Nayana Jyothi Jhawar and South India Cell for Human Rights Education and Monitoring. The petition pointed to the psychological trauma children endured. They noted that the police action was a blatant violation of the Rule of Law and various provisions of the CrPC, Juvenile Justice Act, and the constitutional norms.
The petitioners were calling for the court to issue guidelines for the examination of minors in criminal proceedings. The plea also calls for payment of compensation to the guardians of the students who were interrogated.
The court gave the Director-General Inspector General of Police to nominate a senior officer to file an affidavit in two weeks. The matter will be next heard on September 3.