Juvenile Conviction Not a Barrier to Passport Issuance; Right to Fresh Start Affirmed
In a landmark judgment, the Allahabad High Court has ruled that a conviction recorded against a juvenile cannot be treated as a disqualification for the issuance of a passport. The bench, consisting of Justices Ajit Kumar and Indrajeet Shukla, delivered the decision on May 7, 2026, in the case of Mohd Yunus Ansari v. Union of India, emphasizing the principles of 'fresh start' and 'right to be forgotten' under juvenile justice laws.
The court was approached by Mohd Yunus Ansari, whose passport application was rejected by the Regional Passport Office on the basis of an adverse police report citing his juvenile conviction. The petitioner, tried as a juvenile and convicted by the Juvenile Justice Board for offenses under Sections 363, 366, and 376 of the IPC, argued that his past conviction should not impede his future prospects.
The court held that under the Juvenile Justice (Care and Protection of Children) Act, 2000 and the subsequent 2015 Act, juveniles are protected from the stigma of past convictions, ensuring their rehabilitation and reintegration into society. The bench underscored that the refusal to issue a passport on such grounds was arbitrary and violated Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, including the right to travel abroad.
The judgment further mandated the 'right to be forgotten' for juveniles, directing the removal or destruction of records related to juvenile delinquency, thus granting them a 'fresh start'. The court ordered the Regional Passport Officer to process Ansari's application afresh and issue the passport if no other legal impediments exist.
This judgment reinforces the legislative intent to protect juveniles from the lifelong consequences of their youthful indiscretions and underscores the judiciary's role in safeguarding fundamental rights.
Bottom line:-
Juvenile conviction cannot be treated as a disqualification for issuance of a passport. The principle of 'fresh start' and the 'right to be forgotten' under juvenile justice laws ensure that past delinquency does not impair future prospects.
Statutory provision(s): Passports Act, 1967 Sections 6(2)(f) and 19, Juvenile Justice (Care and Protection of Children) Act, 2000 Section 19, Juvenile Justice (Care and Protection of Children) Act, 2015 Sections 3(xiv) and 24, Constitution of India, 1950 Article 21.
Mohd Yunus Ansari v. Union of India, (Allahabad)(DB) : Law Finder Doc id # 2894489
