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2026 DAILYLAW 15268 (GAU)

SMT. NANDINEE DAS v. THE STATE OF ASSAM AND 38 ORS.

PIL/64/2026 · 2026-09-27

Michael Zothankhuma, Rajesh Mazumdar

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/10 GAHC010197152026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/64/2026 SMT. NANDINEE DAS D/O SRI DEEPAK KUMAR DAS, R/O H. NO. 25, C/O SMT. TILOTTAMA DAS, BYE-LANE, RAJBARI, UZANBAZAR, GUWAHATI, ASSAM, PIN- 781001 VERSUS THE STATE OF ASSAM AND 38 ORS. REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI, ASSAM. PIN- 781006 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI ASSAM. PIN- 781006 3:THE INSPECTOR GENERAL OF PRISONS ASSAM PRISON HEADQUARTERS KHANAPARA GUWAHATI ASSAM. PIN- 781022 4:THE ASSAM STATE CHILD PROTECTION SOCIETY REPRESENTED BY ITS CHAIRMAN 46 SURVEY BUS STOP BELTOLA GUWAHATI ASSAM. PIN- 781028 Page No.# 2/10 5:THE JUVENILE JUSTICE BOARD BAJALI REPRESENTED BY ITS PRINCIPAL MAGISTRATE WARD NO. 9 PATHSALA TOWN NEAR CIVIL HOSPITAL P.O. PATHSALA P.S. BAJALI 6:THE JUVENILE JUSTICE BOARD BAKSA REPRESENTED BY ITS PRINCIPAL MAGISTRATE BAKSA DISTRICT CENTRE ROOM NO. 28 MUSHALPUR BAKSA 7:THE JUVENILE JUSTICE BOARD BARPETA REPRESENTED BY ITS PRINCIPAL MAGISTRATE KRISHNA NAGAR HOUSE NO-116 SUNDARIDIYA BARPETA 8:THE JUVENILE JUSTICE BOARD BISWANATH REPRESENTED BY ITS PRINCIPAL MAGISTRATE DISTRICT CHILD PROTECTION UNIT BAMGAON WARD NO 12 NEAR BANDHAN BANK DAILY BAZAR BRANCH BISWANATH CHARIALI - 784176 BISWANATH ASSAM 9:THE JUVENILE JUSTICE BOARD BONGAIGAON REPRESENTED BY ITS PRINCIPAL MAGISTRATE OFFICE OF THE DISTRICT CHILD PROTECTION OFFICER KATHOLTOLI NEAR SHIVA MANDIR P.O./P.S./ DIST - BONGAIGAON. PIN- 783380. ASSAM 10:THE JUVENILE JUSTICE BOARD CACHAR REPRESENTED BY ITS PRINCIPAL MAGISTRATE SUKHODAPALLY OPPOSITE MEDILAND HOSPITAL Page No.# 3/10 ITKHOLA SILCHAR PINCODE-788002 11:THE JUVENILE JUSTICE BOARD CHARAIDEO REPRESENTED BY ITS PRINCIPAL MAGISTRATE RAJADHAP SHYAM GALI SONARI CHARAIDEO PIN-785690 12:THE JUVENILE JUSTICE BOARD CHIRANG REPRESENTED BY ITS PRINCIPAL MAGISTRATE DISTRICT CHILD PROTECTION UNIT) CHIRANG KAJALGAON 13:THE JUVENILE JUSTICE BOARD DARRANG REPRESENTED BY ITS PRINCIPAL MAGISTRATE OFFICE OF THE DISTRICT CHILD PROTECTION OFFICER DARRANG MANGALDAI ASSAM VILL- GERIMARI NEAR BHEBARGHAT BUS STAND P.O.- MANGALDAI PIN - 784125 14:THE JUVENILE JUSTICE BOARD DHEMAJI REPRESENTED BY ITS PRINCIPAL MAGISTRATE. O/O DISTRICT CHILD PROTECTION UNIT NARAH BHAWAN WARD NO. 3 RLY. STATION ROAD P.O. AND DIST. DHEMAJI PIN- 787057 15:THE JUVENILE JUSTICE BOARD DHUBRI REPRESENTED BY ITS PRINCIPAL MAGISTRATE WARD NO-2 MG ROAD NEAR SALES TAX OFFICER DHUBRI P.O AND DIST- DHUBRI PIN-783301 16:THE JUVENILE JUSTICE BOARD Page No.# 4/10 DIBRUGARH REPRESENTED BY ITS PRINCIPAL MAGISTRATE DR. LILA GOGOI PATH JIBON PHUKAN NAGAR P.O. - C.R. BUILDING P.S. AND DIST.- DIBRUGARH ASSAM 17:THE JUVENILE JUSTICE BOARD DIMA HASAO REPRESENTED BY ITS PRINCIPAL MAGISTRATE NEAR SHIKSHA BHAWAN AND J.K. SERVICING CENTRE HAFLONG DIMA HASAO PO/PS- HAFLONG PIN-788819 18:THE JUVENILE JUSTICE BOARD GOALPARA REPRESENTED BY ITS PRINCIPAL MAGISTRATE O/O THE DISTRICT CHILD PROTECTION OFFICER OPPOSITE SATSANG VIHAR NEAR MALARIA OFFICE BOC GOALPARA 19:THE JUVENILE JUSTICE BOARD GOLAGHAT REPRESENTED BY ITS PRINCIPAL MAGISTRATE HAMDOI POOL NEAR GOLAGHAT JATIYA VIDYALAY PO PS AND DIST - GOLAGHAT 785621 20:THE JUVENILE JUSTICE BOARD HAILAKANDI REPRESENTED BY ITS PRINCIPAL MAGISTRATE OFFICE OF THE DISTRICT CHILD PROTECTION OFFICER ABDUL GONI ROAD WARD NO. 12 P.O. P.S ANDDIST- HAILAKANDI PIN- 788151 21:THE JUVENILE JUSTICE BOARD HOJAI REPRESENTED BY ITS PRINCIPAL MAGISTRATE Page No.# 5/10 O/O DISTRICT CHILD PROTECTION UNIT HOJAI SANKARDEV NAGAR P.S.- HOJAI PIN- 782442 22:THE JUVENILE JUSTICE BOARD JORHAT REPRESENTED BY ITS PRINCIPAL MAGISTRATE OFFICE OF THE DISTRICT CHILD PROTECTION OFFICER MALOW ALI JANAPITH JORHAT 23:THE JUVENILE JUSTICE BOARD KAMRUP REPRESENTED BY ITS PRINCIPAL MAGISTRATE O/O- DCPO KAMRUP AMINGAON HAJO CHOWK NEAR SANI MANDIR BANDHAN BANK CAMPUS AMINGAON. PIN - 781031 24:THE JUVENILE JUSTICE BOARD KAMRUP METROPOLITAN REPRESENTED BY ITS PRINCIPAL MAGISTRATE CHILDREN HOME FOR BOYS CAMPUS FATASIL AMBARI GUWAHATI-25 25:THE JUVENILE JUSTICE BOARD KARBI ANGLONG REPRESENTED BY ITS PRINCIPAL MAGISTRATE RONGKHELAN BELTOLA ROAD WARD NO.8 NEAR KIDZEE SCHOOL. PIN-782462 26:THE JUVENILE JUSTICE BOARD KOKRAJHAR REPRESENTED BY ITS PRINCIPAL MAGISTRATE O/O DISTRICT CHILD PROTECTION OFFICER COURT PARA W/NO - 10 (NEAR D.C. OFFICE) P.O. P.S. AND DIST- KOKRAJHAR - 783370 ASSAM 27:THE JUVENILE JUSTICE BOARD LAKHIMPUR REPRESENTED BY ITS PRINCIPAL MAGISTRATE DCPU TIRTHESWAR HAZARIKA PATH Page No.# 6/10 WARD NO. 7 NORTH LAKHIMPUR. PIN- 787001 28:THE JUVENILE JUSTICE BOARD MAJULI REPRESENTED BY ITS PRINCIPAL MAGISTRATE OFFICE OF THE DISTRICT CHILD PROTECTION UNIT GARAMUR NEAR S.B.I. GARAMUR BRANCH MAJULI PIN-785104 ASSAM 29:THE JUVENILE JUSTICE BOARD MORIGAON REPRESENTED BY ITS PRINCIPAL MAGISTRATE OFFICE OF THE DISTRICT CHILD PROTECTION OFFICER MORIGAON OPPOSITE CENTRAL BANK OF INDIA MORIGAON COLLEGE ROAD WARD NO-7 PIN-782105 30:THE JUVENILE JUSTICE BOARD NAGAON REPRESENTED BY ITS PRINCIPAL MAGISTRATE O/O THE DISTRICT CHILD PROTECTION OFFICER A.D.P. ROAD CHRISTIAN PATTY NEAR NAGAON BAPTIST CHURCH P.O.- NAGAON P.S.- SADAR PIN - 782001 DIST - NAGAON (ASSAM) 31:THE JUVENILE JUSTICE BOARD NALBARI REPRESENTED BY ITS PRINCIPAL MAGISTRATE OFFICE OF THE DIST. CHILD PROTECTION OFFICER NALBARI SANTIPUR WARD NO.-12 P.O. AND DIST.- NALBARI 32:THE JUVENILE JUSTICE BOARD SIVASAGAR REPRESENTED BY ITS PRINCIPAL MAGISTRATE OFFICE OF THE DISTRICT CHILD PROTECTION OFFICER SIVASAGAR Page No.# 7/10 WEST JAMUNA ROAD NEW COLONY WARD -2 33:THE JUVENILE JUSTICE BOARD SONITPUR REPRESENTED BY ITS PRINCIPAL MAGISTRATE O/O THE DISTRICT CHILD PROTECTION OFFICER WARD NO.19 NEAR BIHU FIELD CHANDMARI TEZPUR SONITPUR ASSAM PIN -784001 34:THE JUVENILE JUSTICE BOARD SRIBHUMI REPRESENTED BY ITS PRINCIPAL MAGISTRATE OFFICE OF THE DISTRICT CHILD PROTECTION UNIT AZAD SAGAR ROAD NEAR SETTLEMENT IDGAH SRIBHUMI 35:THE JUVENILE JUSTICE BOARD SOUTH SALMARA-MANKACHAR REPRESENTED BY ITS PRINCIPAL MAGISTRATE H.M.ROAD FEKAMARI P.O. FEKAMARI P.S. MANKACHAR DIST-SOUTH SALMARA MANKACHAR ASSAM - 783135 36:THE JUVENILE JUSTICE BOARD TAMULPUR REPRESENTED BY ITS PRINCIPAL MAGISTRATE O/O DISTRICT CHILD PROTECTION UNIT TAMULPUR 37:THE JUVENILE JUSTICE BOARD TINSUKIA REPRESENTED BY ITS PRINCIPAL MAGISTRATE O/O DISTRICT CHILD PROTECTION UNIT BORGURI NEAR KALI MANDIR TINSUKIA Page No.# 8/10 38:THE JUVENILE JUSTICE BOARD UDALGURI REPRESENTED BY ITS PRINCIPAL MAGISTRATE OFFICE OF THE DISTRICT CHILD PROTECTION OFFICER UDALGURI NEARBY GOLMAGAON HIGH SCHOOL UDALGURI ASSAM 39:THE JUVENILE JUSTICE BOARD WEST KARBI ANGLONG REPRESENTED BY ITS PRINCIPAL MAGISTRATE HAMRE Advocate for the Petitioner : MR SAURADEEP DEY, SHELI CHAKRABORTY Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 28-09-2026 (M. Zothankhuma, J) 1. Heard Mr. S. Dey, learned counsel for the petitioner, who submits that in terms of Section 8(3)(m) of the Juvenile Justice (Care and Protection of Children) Act, 2015, (hereinafter referred to as ‘the 2015 Act’), the Juvenile Justice Boards in every district of Assam, are to conduct regular inspection of jails meant for adults, to check if any child is lodged in such jails. They are also required to take immediate measures for transfer of such a child to an observation home or a place of safety, as the case may be. He submits that despite the petitioner having made enquiries with regard to the number of children in jails, the petitioner has been given information only with regard to 12 districts. He accordingly prays that a direction should be issued to the authorities to conduct regular jail visits and to give a report on the same to the Page No.# 9/10 concerned authorities. 2. Mr. S. Baruah, learned Government Advocate, Assam appearing for the State submits that if a direction is issued to the State and the Juvenile Justice Boards to conduct regular jail visits and make a report with regard to the same, the same will be done by the concerned authorities. 3. On considering the prayer made by the petitioner, we are of the view that the matter need not detain us any longer, inasmuch as, the statutory requirement is provided under Section 8(3)(m) of the 2015 Act, to conduct regular jail visits by the Juvenile Justice Boards. 4. We accordingly direct the Juvenile Justice Boards of all the districts to conduct a jail visit by 31.10.2026, to see if there is any child in the jail meant for adults. If any children are identified in the adult jails, they should be sent to the proper homes, as per the provisions of the 2015 Act. The Juvenile Justice Boards of each district shall send a report with regard to the jail visit to be conducted in the month of October, 2026 to the Secretary, District Legal Services Authority, who shall thereafter forward the same to the Member Secretary of the Assam State Legal Services Authority. 5. The Juvenile Justice Boards of each district should accordingly conduct regular jail visits in terms of Section 8(3)(m) of the 2015 Act and preferably within every three months thereafter. They should thereafter send a report of the same to the concerned District Legal Services Authority Secretary. 6. The PIL is accordingly disposed of. 7. The petitioner should serve copies of this order to the Juvenile Justice Page No.# 10/10 Boards of all the districts along with copies of the same to the District Legal Services Authority Secretaries of all the districts. JUDGE JUDGE Comparing Assistant