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Juvenile Conviction No Bar to Passport — Allahabad HC in Mohd Yunus Ansari v. Union of India
Citation: 2026 LiveLaw (AB) 299 Court: Allahabad High Court Bench: Justice Ajit Kumar and Justice Indrajeet Shukla Date: May 29, 2026 Petitioner: Mohd Yunus Ansari Respondents: Union of India and Another
Facts
The petitioner had been convicted as a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000. Years later, on applying for a passport, the passport authorities refused issuance because the juvenile conviction continued to appear in his police verification record.
He moved the Allahabad High Court under Article 226, contending that a juvenile conviction cannot, by operation of law, disqualify a person from receiving a passport.
Holding
A Division Bench of Justice Ajit Kumar and Justice Indrajeet Shukla held that:
“A conviction recorded against a person while he was a juvenile cannot be treated as a legal impediment to the issuance of a passport, by operation of law.”
The Court grounded the holding in three connected ideas:
- Statutory protection — Section 24(1) of the JJ Act 2015 (and its predecessor, Section 19 of the 2000 Act) expressly provides that a child dealt with under the Act shall not suffer disqualification, if any, attaching to a conviction of an offence under such law. The bar operates “notwithstanding anything contained in any other law”.
- Right to be forgotten — Section 24(2) read with Rule 14 of the Model Rules, 2016 requires destruction of juvenile records after the prescribed period. Continued reliance on those records to refuse a passport defeats the statutory scheme and breaches the Article 21 right to privacy.
- Fresh start — The juvenile-justice framework is rehabilitative, not retributive. A person who was, as a child, dealt with under the Act is entitled to begin adult life without permanent stigma.
The Court directed the passport authorities to process the application without treating the juvenile conviction as a disqualifying factor.
Principle
A juvenile conviction cannot, by operation of law, become a permanent civil disability. Sections 24(1) (removal of disqualification), 24(2) (destruction of records), and 74 (prohibition on disclosure of identity) together create a statutory “right to be forgotten” for juveniles. Passport offices, employment-vetting bodies, and licensing authorities must give effect to it — subject only to the proviso to Section 24(1) for children aged 16 to 18 tried as adults for heinous offences and convicted.
The judgment is consistent with the Supreme Court’s bar on disclosure of juvenile records in character verification and employment, and with parallel High Court rulings (e.g., the Madhya Pradesh High Court’s view that a juvenile offence is no bar to Army recruitment).
Relevant Provisions
- Section 24, Juvenile Justice (Care and Protection of Children) Act, 2015 — Removal of disqualification on the finding of an offence; destruction of records.
- Section 74, JJ Act, 2015 — Prohibition on disclosure of identity of children in conflict with law.
- Rule 14, Model JJ Rules, 2016 — Procedure for destruction of records.
- Section 19, Juvenile Justice Act, 2000 — Predecessor provision under which the petitioner had been dealt with.
- Section 6, Passport Act, 1967 — Grounds on which a passport application may be refused.
- Article 21, Constitution of India — Right to life, including the right to privacy and dignity.
Practical Takeaways
- For the applicant. A representation citing Section 24(1) and the destruction-of-records obligation under Section 24(2) is the first step. If refusal persists, an Article 226 petition is the remedy.
- Police verification. Section 74(2) bars disclosure of juvenile records in character certificates. An adverse verification that relies on a juvenile-era entry is liable to be set aside.
- Carve-out. The protections of Section 24(1)–(2) do not cover a child aged 16–18 tried as an adult under Section 15 for a heinous offence and convicted; in those cases, the disqualification and record may continue.
Useful Resources
- LiveLaw — Allahabad HC: juvenile conviction no bar to passport (Mohd Yunus Ansari)
- Section 24, Juvenile Justice Act, 2015 — India Code
- LiveLaw — Removal of disqualification and the principle of fresh start under JJ law
- Section 6, Passport Act, 1967 — Indian Kanoon
- Article 21 — Indian Kanoon
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