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Punjab and Haryana High Court admits PIL against imprisonment orders imposed on minors

The PIL in the high court highlighted illegal sentencing by the Juvenile Justice Boards in Punjab and Haryana.

3 min readDec 10, 2025 05:44 PM IST

The court has admitted the plea and sought responses from state and central authorities.

A PIL before the Punjab and Haryana High Court alleges that Juvenile Justice Boards have been unlawfully imposing prison terms on minors, violating the rehabilitative spirit of the Juvenile Justice Act.

The Punjab and Haryana High Court Monday admitted a Public Interest Litigation (PIL) challenging the practice of Juvenile Justice Boards (JJBs) across the two states imposing prison terms on children in conflict with law, a move seen as a violation of the Juvenile Justice Act, 2015.

The bench, comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry, also issued notices to the high court registrar, state governments, women and child development directorates, and the Union Ministry of Women and Child Development, with replies due in four weeks.

The petition, filed by Chandigarh-based Advocate Vineet Kumar Jakhar, exposes what he called a systemic failure in which JJBs in districts such as Sonipat, Ferozepur, Mansa, Fatehgarh Sahib, and Rohtak have routinely ordered rigorous or straightforward imprisonment for minors accused of offences ranging from theft to drug violations.

Jakhar, appearing in person, argued that such orders misuse criminal law terms like “sentence” and “detention” in a statute meant for rehabilitation, not punishment.

He cited the example of the Ferozepur board, which in 2023 directed a minor to spend five hours daily in a police station for two months, and said the order had no basis in law and breaches sections of the Code of Criminal Procedure (CrPC).

He attached 19 such orders as evidence, showing sentences ranging from six months to three years, often without preparing the mandatory individual care plans required by a 2023 high court ruling in Ravinder versus State of Haryana.

The Juvenile Justice Act, Jakhar contented, limits options to care, counselling and placement in special homes for up to three years, focusing on reform through education and therapy.

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“Special homes are not jails,” he argued, drawing on Supreme Court precedents that define imprisonment as a coercive penalty involving loss of liberty and, in rigorous cases, hard labour.

He traced the issue back to 1982 parliamentary debates criticising the jailing of minors, urging the court to declare all such orders null and void.

The bench rejected parts of the plea overlapping with the earlier Ravinder case but entertained the core demands: directing states to stop the practice, review past cases for transfers to special homes, and declare imprisonment orders illegal.

The next hearing is set for February 12, 2026.

Jakhar, who teaches law at universities in Rohtak and Faridabad and has organised child welfare seminars, said the petition stems from representing a minor sentenced to three years’ simple imprisonment.

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After a single-judge bench in 2023 sent that case to a children’s court, his research uncovered the pattern. “To imprison a child under the guise of law is not just illegality, it is a moral failure,” he said.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More