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Delhi DoE Bars Schools From Denying Admission To Juvenile Offenders: 'No Bias Or Discriminatory Practices'

Delhi's DoE prohibits schools from expelling or denying admission to children under the Juvenile Justice Act. Schools must report children in need of care, maintain confidentiality, and provide equal opportunities.

The Directorate of Education (DoE) has made it clear that schools cannot expel or refuse admission to children who have been dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2015. The directive follows a recent court order, with officials stressing that institutions play a “vital role in safeguarding child rights and supporting reintegration.”

In its circular dated August 26, the DoE reminded schools that under Section 24(1) of the JJ Act, a child who has committed an offence and has been dealt with under its provisions “shall not suffer disqualification, if any, attached to a conviction of an offence under such law”, Times of India reported.

According to TOI's report, the circular further instructed that any staff member who encounters a child in need of care and protection—including those abandoned, missing, neglected or abused—must “immediately inform the Child Welfare Committee or the District Child Protection Unit.” Failure to report such cases, it added, may attract penalties under the Act.

Schools have also been directed to ensure strict confidentiality regarding the identity of children in conflict with law or in need of care and protection. The notification emphasised, “The identity of children in conflict with law or in need of care and protection must not be disclosed in any public forum, media, or records accessible to outsiders. Schools must maintain secure records and ensure privacy in line with the JJ Act.”

Delhi DoE Stresses Equal Access, Sensitisation Programmes

The DoE has underlined that no child should be stigmatised, labelled or discriminated against based on past circumstances. It directed that all children must be given equal access to curricular, co-curricular and extracurricular opportunities, ensuring that “no adverse remarks, bias, or discriminatory practices shall be accepted.”

Heads of schools have been asked to actively facilitate the reintegration of such children into the education system. To build awareness, schools have been tasked with conducting regular sensitisation programmes for teachers, staff and school management committees on the JJ Act and child rights, as per the report.

The circular urged schools to maintain a “child-friendly environment where dignity and rights of children are respected,” with special attention to those vulnerable due to socio-economic or family conditions. It also called for collaboration with the District Legal Services Authority and the Delhi Commission for Protection of Child Rights for awareness initiatives.

The directive concluded by stressing that “monitoring and compliance of the above-mentioned directions should be ensured at all levels of hierarchy,” making adherence binding on all schools under Delhi’s education department, TOI reported.

Court Flags Forced Transfer Practices

The directive was issued after a Juvenile Justice Board (JJB) order dated August 12, in which Principal Magistrate Anshul Mehta, along with board members Tinny Kapoor and Chandra Suman Kumar, criticised the practice of schools pressuring parents into signing applications for transfer certificates (TCs) once a child is alleged to be involved in an offence.

The order noted that such actions are “against the spirit of the JJ Act as a whole and specifically against Section 24(1) of the JJ Act.” The Board directed the principal of a school in West Delhi to re-admit a child in the same class and section after it was found that the father had been compelled to seek a TC under pressure.

It also instructed the DoE Secretary to issue directions to all schools to strictly comply with the law while dealing with children in conflict with the law.

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