Suresh Kumar Case: Juvenile Conviction and Right to Employment

 The Rajasthan High Court's landmark decision in the Suresh Kumar case clarifies India's juvenile offender rehabilitation system.  Suresh Kumar was found guilty of theft and criminal trespassing when he was fifteen years old.  The Juvenile Justice Board issued an admonition for his release, meaning that no official conviction was still on file.  His prior involvement as a youth proved a hindrance when he applied for government work years later.

The Court emphasized that under the Juvenile Justice (Care and Protection of Children) Act, 2015, juveniles should not suffer long-term consequences for their past mistakes. The verdict upheld that denying employment to someone who was a juvenile at the time of the offense violates the spirit of juvenile reform laws and Article 21 of the Constitution.

This case highlights the need to balance justice with reform, and reaffirms that juvenile records must not haunt individuals forever.

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📄 Case Summary: Suresh Kumar v. State of Rajasthan, 2023 SCC OnLine Raj 1882

Facts:

• Suresh Kumar, convicted as a juvenile for criminal trespass and theft, was released on admonition under the Juvenile Justice Act.
• Years later, his name was removed from the selection list for government employment based on that juvenile case.

Issue:

• Whether a person who was found guilty as a juvenile (and released on admonition) can be denied government employment.

Judgment:

• The Rajasthan High Court held that such past juvenile proceedings cannot be used against a candidate.
• The Court stressed that the Juvenile Justice (Care and Protection of Children) Act, 2015 aims at reformation, not punishment.
• Denying employment violates the spirit of juvenile justice law and the right to life under Article 21 of the Constitution.

Conclusion:

• Juvenile convictions, especially those disposed of through admonition or non-institutional care, must not become a permanent stigma.

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📌 Quote from the Judgment:

“A child in conflict with law, once dealt with under the provisions of the JJ Act, should not suffer any disqualification — particularly when no sentence was imposed and the child was released on admonition."

Available on SCC Online: 2023 SCC OnLine Raj 1882

                                                                                                                                     - Written by Kumari Palak Singh