Muzaffarnagar Police invoke JJ Act against anti-CAA protestors; districts including Aligarh, Bijnor plan to follow suit

After cases alleging that anti-citizenship law protestors provoked children to pelt stones in Muzaffarnagar failed legal scrutiny, the Uttar Pradesh Police has now booked people under the stringent Juvenile Justice (Care and Protection of Children) Act 2015, saying the protestors used children for “illegal activity”,  according to the Indian Express .

Earlier, the police had invoked section 83 (2) of the JJ Act against nearly 33 people , who were named as accused in an FIR lodged during the 20 December clashes. All the 33 accused were earlier charged under various sections of the Indian Penal Code.

Muzaffarnagar police had invoked the additional charge under the JJ Act after 19 people were released on bail, the Indian Express reported. They were granted parole either by police or court, due to lack of evidence or after the withdrawal of charges of grievous offences.

“In the case of five accused, police themselves granted bail under Section 169 of the Code of Criminal Procedure which is invoked when ‘evidence is deficient’. Ten were released by the sessions court after police were only able to prove that they had prima facie violated prohibitory orders, and were not involved in rioting or attempt to murder,” the newspaper reported.

This move comes just weeks after the National Commission for Protection of Child Rights (NCPCR) had issued an advisory to the Director-General of Police of all states and union territories over “misuse of children” in protests against the amended citizenship law in the country. As per the advisory, the NCPCR noticed that certain groups of protestors are involving children in unlawful activities like stone-pelting and other violent acts during the protests.

The NCPCR further stated that such events amount to a violation of the rights of children under provisions of the Juvenile Justice (Care and Protection) Act, 2015. It also stated that people provoking such acts would be punishable with imprisonment of up to three years.

Taking a cue from Muzaffarnagar police, other districts are also contemplating on whether to invoke the Act against those who forced children to protest on 19 and 20 December. Aligarhh Police , on Friday, booked two students of Aligarh Muslim University (AMU) under the JJ Act for allegedly using minors as a shield during anti-CAA protests inside the campus on 20 January.

Meanwhile, Hindustan Times reports Bijnor police is also contemplating on booking those arrested for violence under JJ Act also. A senior police official told the publication, “There were children in the protest. We are investigating the case thoroughly and also identifying those who pushed children in the protest. They will be booked under the JJ Act too.”

Inputs from agencies