Consequences of the Porsche accident: JJB sends young people to observation homes instead of releasing them on bail

One important consequence of the Porsche accident is the change in the way the juvenile court handles criminal cases involving juveniles. According to legal experts and lawyers, the juvenile court is increasingly sending juveniles involved in criminal cases to reformatory institutions (observation centers) instead of releasing them on bail.

It used to be common for juveniles in criminal cases to be released on bail with relative ease. However, after the Porsche accident, there was a significant increase in the number of juveniles involved in criminal cases who were sent to reform schools instead. The change seems to have been influenced by the Porsche accident, which attracted considerable public attention after the JJB initially granted bail to the juvenile involved, but later revoked it.

Mahesh Sakhare, a practising lawyer who handles juvenile cases at the JJB, said, “After the Porsche accident, a change in trend is observed. Now, the JJB sends most of the juveniles directly to reformatory institutions for 14 days. Earlier, this was not the case. In most cases, the juveniles were released on bail. It seems that after the Porsche accident, the JJB members are choosing a safer route to avoid any backlash.”

Sakhare highlighted a case of alleged assault on a 16-year-old minor at Hadapsar police station in which the youth was sent to a reformatory for 14 days without much deliberation despite it being a routine confrontation between two persons. In another incident, on June 30, a 15-year-old driving a tanker collided with a scooter in Kondhwa, injuring two persons. In that case, the youth was sent to a reformatory for 14 days by the JJB.

Lawyer Ketan Kadam noted that previous decisions to send juveniles to reformatory institutions for 14 days were based on the facts of the case, the gravity of the crime and the involvement of the juvenile. Kadam explained that juveniles are usually released on bail as the JJB works under the Social Welfare Act. “After the Porsche accident, there was a public outcry against the JJB members for immediately granting bail to the juvenile who was only asked to write an essay and monitor traffic. Since then, the JJB has been sending juveniles to reformatory institutions without examining the facts of the case. These are blanket orders that affect juveniles as the JJB should work under the Social Welfare Act,” he said.

In 2023, a 16-year-old from Sinhagad Road area was arrested along with others for alleged involvement in a theft case. However, he was released on bail after the JJB heard both the defence and the prosecution. Similarly, a 17-year-old was arrested by the Swargate police in November 2023 for a mobile phone theft case but was also released on bail.

According to practicing lawyers, while the JJB can place juveniles in reformatory institutions depending on the severity of the crime and the juvenile’s involvement, this should not be done just to avoid media criticism, as in the Porsche case. Decisions should be made on the merits of the case and free from external pressure. When contacted by Hindustan Times, JJB member Laxman Dhanawade was unavailable for comment. Legal experts point out that this change indicates a broader reassessment of juvenile justice policy and is likely to influence future decisions and discussions among legal experts on the balance between rehabilitation and punishment of juvenile offenders.