The Kerala State Commission for Protection of Child Rights has asked the Social Justice Department Special Secretary to issue directions that only the Kerala Juvenile Justice (Care and Protection) Rules 2014 be followed to determine the age of children in any matter related to them.
The commission said the directive issued by the Department should be followed by the police in the case of determining the age of children. Documents such as Aadhaar and PAN card should not be relied upon.
The Kerala Juvenile Justice (Care and Protection) Rules 2014 lay down that only the birth certificate issued by local self-government institutions be considered the basic document to determine the age of children. If that is not available, matriculation or equivalent certificates can be considered. If these too are not available, the birth certificate from the first school (except for play school) a child studied in should be considered. If all three are not available, the opinion of the District Medical Officer should be sought.
The commission was taking suo motu action on a media report that a child from the Scheduled Tribes who was in the Manjeri sub-jail in connection with a case was below the age of 18, and calculating his age on the basis of the Aadhaar card was what sent him to jail.
