In a significant judgment, the Allahabad High Court ruled that a conviction recorded during a person’s juvenile years cannot be used as a legal ground to deny a passport. The decision reinforces the principle that children in conflict with the law should not face lifelong consequences for offences committed as minors.
The case involved a passport application that was rejected by the Regional Passport Office, Lucknow, based on an adverse police report linked to a criminal case from the applicant’s juvenile years. The petitioner challenged the decision, arguing that the conviction should not affect his future rights and opportunities.
A division bench comprising Justices Ajit Kumar and Indrajeet Shukla held that Section 24 of the Juvenile Justice (Care and Protection of Children) Act, 2015 grants juveniles an effective “right to be forgotten,” ensuring that past convictions do not create legal barriers in adulthood. The Court emphasized that the objective of juvenile justice laws is rehabilitation rather than punishment.
Linking the issue to Article 21 of the Constitution, which guarantees the right to life and personal liberty, the Court observed that the right to travel abroad is an important aspect of personal freedom. It quashed the passport rejection order and directed authorities to reconsider the application without taking the juvenile conviction into account, unless any other legal obstacle exists.
The judgment is seen as a major step in protecting the rights, dignity, and future prospects of individuals who were involved in legal proceedings as juveniles.
