Despite 3 Lawyers and Proof of Age, Dalit Minor Lodged in UP Jail

While adults accused of the same crimes as Sachin got bail, he continues to be in lock-up for four months now.

Sachin’s father Dharamveer has documents to prove his son is a juvenile.

(Photo: Aishwarya S Iyer/The Quint)

"It has almost been four months since my 14-year-old brother, Sachin, was lodged in jail," Krishan says as he recounts his failure in securing bail for Sachin, despite persistent efforts. Sachin was amongst hundreds arrested during the nationwide Dalit protests against the dilution of the ST/SC Act on 2 April. The Quint had travelled to Meerut, Uttar Pradesh and met the families of many kids arrested, including Sachin's.

Sachin's 60-year-old father Dharamveer wept as he spoke about his son's arrest. "He had gone out to speak to his tuition teacher when he was picked up by the police," he said, astonished and befuddled.

Sachin Not Declared a Juvenile Yet

When Sachin was arrested he was passed of as a 20-year-old by the Meerut police. In what seems like a desperate call for help, Sachin's family has kept copies of his documents close. The documents, which include his Aadhaar card and an online copy of the Class 10 marksheet from the UP board, show that he is 14 years old. According to his age in these documents, he should be lodged in a juvenile home rather than a prison.

Child rights expert and founder of Independent Thought Vikram Srivastava told The Quint, "The Juvenile Justice Act being a child sensitive law provides bail as a matter of right. And if a child has been placed in an adult jail it is fundamentally flawed since day one. If the person is below 18, around 15 then that is not the right place to be in."

The case has been handled by three lawyers since 2 April and not one has moved application to declare him a juvenile yet.

Three Lawyers On The Case, But No Bail in Sight

The first is Ashok Kumar who The Quint met in the Meerut Bar Association in mid-June. When asked why he had not moved Sachin to a juvenile home yet, he said, "The family does not have the documents to prove that he is a juvenile. The Aadhaar card is not accepted and the marksheet is downloaded online and hence will not be permissible."

The Quint reached out to two senior practising lawyers who specialise in child rights to verify if what Kumar said was correct. According to them, the lawyer should have submitted the marksheet to the board after which it would become incumbent upon the board to prove its authenticity and ascertain Sachin's age, or the lawyer could have got it authenticated by the UP board officially and submitted it in court for authentication.

Kumar also added, "There are criminals in the Juvenile Justice home as well. With small kids there are so many atrocities there, so how can you say he is safe?"

Sachin's brother Krishan insists Kumar advised them to not declare Sachin a juvenile, "He (Ashok Kumar) said that it will take time from the other route so let him be here itself and he will get bail fast. He said it would take one-and-a-half months to transfer him to the juvenile home and an additional 15-16 days to get him out. So then we said wherever he stays, the juvenile home or prison, we want him to get bail at the earliest."

But has Kumar's promise materialised? More than a month later in mid-July, Sachin is still in jail and the bail seems far-fetched. Krishan says Ashok Kumar has forwarded the case to a colleague of his, Pandeyji, in the Allahabad HC who is to secure bail for Sachin here.

This prolonged extension of bail has led to a fallout between Sachin's elder brother, Krishna, and Kumar. "I had a fight with him as the day when he should come out on bail keeps getting delayed. He kept saying that not declaring him a juvenile was the way to go. Till now he has not been declared a juvenile. Nothing has happened," Krishan told The Quint.

The Quint reached out to Pandey who lives in Allahabad. Pandey said he cannot move an application to declare Sachin a juvenile in high court as this has to be done in the sessions court. "I cannot do that, the other lawyer has to do that in Meerut itself. Kumar reached out to me to secure bail for him. I have submitted a notice, maybe by the 20 July he will get bail. I can’t tell for certain as it depends on the court and judge as well," Pandey said.

While Sachin's brother got to know about Kumar reaching out to Pandey, he made his own inquiries and reached out to Anurag Gautam in Allahabad. The Quint called Gautam who said he spoke to Sachin 2-3 days ago. "The family has all the documents in place. Declaring him a juvenile is the first thing that should have been done. Even if he secures bail, he needs to be declared a juvenile in the court so the trial commences in front of the juvenile board rather than court."

Adding that, "I was told another lawyer is moving court to secure bail for Sachin in Allahabad high court. I asked him to meet me but that has not materialised yet. I will only do anything about this once I get clarity on where the case stands." Gautam has been successful in securing bail for four adults who have been facing the same charges as Sachin.

"I might have taken a while to change my lawyer, but I will do everything hereon to get my brother out. It is getting harder each day to hold the family together. Their spirit is breaking," Sachin said.

(This is a developing story. As of 18 July Sachin is still lodged in jail)