The Allahabad High Court has ruled that authorities cannot treat a conviction recorded during juvenility as a legal obstacle to issuing a passport.
The Court emphasized the principles of a “fresh start” and the “right to be forgotten” under juvenile justice laws. It held that former juveniles should not suffer lifelong consequences for offences committed as children.
A Division Bench of Justice Ajit Kumar and Justice Indrajeet Shukla delivered the judgment.
Passport Application Rejected Over Juvenile Conviction
The case involved Mohd. Yunus Ansari, whose passport application was rejected by the Regional Passport Officer, Lucknow, in March 2021.
The authority relied on an adverse police verification report. It also referred to a criminal case in which the petitioner had been convicted by the Juvenile Justice Board for offences allegedly committed when he was 16 years and 10 months old.
After completing probation successfully, the petitioner received a character certificate from the probation authorities.
He challenged the rejection and argued that a juvenile conviction cannot operate as a disqualification under the Juvenile Justice Act. He also pointed out that no criminal proceedings were pending against him.
Court Criticises Passport Authority
The High Court found that the passport authority had wrongly referred to a pending criminal case even though no such proceedings existed.
The Bench described the order as a “monument of non-application of mind” and criticised the authority’s “non-serious attitude.”
The Court also noted that the rejection appeared to be influenced by contempt proceedings initiated by the petitioner against the authorities for delays in processing his application.
Section 19 Removes Disqualification
The Court examined Section 19 of the Juvenile Justice (Care and Protection of Children) Act, 2000.
It observed that the provision begins with a non-obstante clause and expressly removes any disqualification attached to a conviction recorded against a juvenile.
According to the Bench, juvenile justice laws focus on rehabilitation and reintegration rather than punishment and exclusion.
The Court held that authorities cannot use a juvenile conviction later to deny opportunities or impose disabilities that hinder a person’s return to society.
Right to Be Forgotten Protects Former Juveniles
The Bench also referred to the “fresh start” principle under the Juvenile Justice Act, 2015.
The Court noted that the law seeks to erase records of juvenile delinquency so that former juveniles can rebuild their lives without stigma.
According to the Bench, the right to be forgotten for juveniles is absolute and protects their future prospects.
The Court warned that continued reliance on juvenile records could cause humiliation, damage career opportunities, and defeat the purpose of juvenile justice legislation.
Right to Travel Abroad Is a Fundamental Right
The High Court reiterated that the right to travel abroad forms part of personal liberty under Article 21 of the Constitution.
It held that restrictions on passport issuance must satisfy the tests of fairness, reasonableness, and proportionality.
A refusal based solely on an erased juvenile record would fail these constitutional requirements.
Court Orders Fresh Consideration
Allowing the writ petition, the High Court quashed the passport authority’s order.
The Court directed the Regional Passport Officer to reconsider the application without treating the juvenile conviction as a disqualification.
It further directed the authority to issue the passport if no other legal impediment exists.
Case Details
Case Title: Mohd. Yunus Ansari v. Union of India and Another
Citation: 2026 LiveLaw (AB) 299
