Allahabad High Court: Orders UP Forged DOB POCSO Guidelines for Schools

• The Allahabad High Court directed the Uttar Pradesh government to create guidelines for school date-of-birth certificates after finding a forged document in a POCSO case.
• An ossification test indicated the victim's age was 18-20, contradicting a school certificate based on a fabricated transfer document.
• Justice Arun Kumar Singh Deshwal granted bail to the accused, Shivam Yadav alias Chhotu, in the Prayagraj case.
• The court noted widespread misuse of forged school certificates by parents to falsely implicate individuals in POCSO cases.
• The ruling highlights the need for standardized procedures for school-issued DOB certificates, which are often primary evidence under Section 94(2) of the Juvenile Justice Act, 2015.

The court's findings extended beyond the immediate case, highlighting a concerning trend of 'widespread misuse' of the POCSO Act.

The Allahabad High Court has issued a significant directive to the Uttar Pradesh government, mandating the creation of comprehensive guidelines for the issuance of school date-of-birth (DOB) certificates. This order stems from a case where the court uncovered a forged transfer certificate that underpinned a school record, falsely portraying a Protection of Children from Sexual Offences (POCSO) Act victim as a minor. In light of this discovery, Justice Arun Kumar Singh Deshwal granted bail to the accused, Shivam Yadav alias Chhotu, noting that medical evidence, specifically an ossification test, indicated the victim's age to be between 18 and 20 years. The case in Prayagraj involved charges under Sections 65(1), 137(2), and 87 of the Bharatiya Nyaya Sanhita, alongside Section 3/4(2) of the POCSO Act. This ruling underscores the critical need for robust procedures regarding age determination in sensitive legal matters, particularly those involving the POCSO Act.

This directive from the Allahabad High Court aims to curb the prevalent issue of forged DOB certificates, which have been found to complicate and compromise justice in POCSO cases. The court's decision to grant bail to the accused was directly influenced by the invalidation of the school certificate as reliable evidence of minority. The ruling emphasizes that while school records are often relied upon, their authenticity must be rigorously verified, especially when conflicting medical assessments are available. This sets a crucial precedent for how age evidence is to be evaluated in future cases, particularly concerning the Allahabad HC forged DOB POCSO guidelines.

The discrepancy in the victim's age became apparent due to conflicting evidence presented to the court. While an ossification test placed her age definitively within the 18 to 20-year bracket, a school leaving certificate from Narayan Junior High School in Prayagraj recorded her birth date as November 12, 2012, which would have made her a minor. During the bail application hearing on July 30, the court summoned the headmaster of Narayan Junior High School, who testified that the recorded date of birth was based on a transfer certificate purportedly issued by Kuldeep Gram Samaj Kalyan Junior High School.

Further investigation, however, revealed the fraudulent nature of this document. The headmaster of Kuldeep Gram Samaj Kalyan Junior High School informed the investigating officer that the victim had never been enrolled there and that no such transfer certificate had been issued by their institution. This evidence led the court to conclude that a forged transfer certificate had been created in 2023, rendering the school leaving certificate from Narayan Junior High School unreliable for age determination. Consequently, with no other valid documentary evidence, the POCSO age determination ossification test became the sole accepted method for assessing the victim's age, highlighting the court's commitment to factual accuracy over potentially fabricated documents.

The court's findings extended beyond the immediate case, highlighting a concerning trend of 'widespread misuse' of the POCSO Act. Justice Deshwal observed numerous instances where parents of victims submitted fabricated school certificates, including forged transfer certificates or letters falsely attributed to headmasters, to establish a victim's age as below 18 years. This practice, according to the court, often leads to the 'false implication of several young boys,' making it exceedingly difficult for them to secure bail and contributing to easier convictions due to legal presumptions.

The court specifically referenced Section 94(2) of the Juvenile Justice Act, 2015, which outlines a hierarchical approach for age determination: first, school date-of-birth or matriculation certificates; second, municipal or panchayat birth certificates; and only then, medical age-determination tests like ossification. The absence of a matriculation certificate frequently elevates the school-issued DOB certificate to primary evidence, making its authenticity paramount. The Allahabad High Court POCSO misuse observations underscore a systemic vulnerability that the new guidelines aim to address, ensuring that the legal framework for age determination is not exploited through fraudulent means.

To address the systemic vulnerabilities exposed by such fraudulent practices, the Allahabad High Court has directed the Uttar Pradesh Basic Education Department to formulate clear guidelines. These guidelines are intended to standardize both the format and the procedure for schools across Uttar Pradesh to issue date-of-birth certificates. The court emphasized that the current lack of a prescribed format or a uniform process for issuing these critical documents has been 'widely misused,' enabling the creation of forged records that distort age determination in POCSO cases.

The implementation of these UP school DOB certificate guidelines is expected to introduce much-needed rigor and transparency, thereby mitigating the risk of false implications and ensuring more accurate age assessments in legal proceedings. This proactive measure aims to prevent future instances of forged DOB certificates undermining justice and to provide a clearer framework for age determination, especially when a POCSO age determination ossification test might otherwise be the only reliable evidence. These forthcoming guidelines are crucial for upholding the integrity of the justice system in cases involving minors.

Lawyers in Uttar Pradesh defending POCSO cases must scrutinize school-issued DOB certificates for potential forgery, especially when medical age assessments conflict, and be prepared for new state guidelines on certificate issuance that will impact age determination evidence. This ruling provides a precedent for challenging age evidence based on school records if forgery is suspected, potentially influencing bail applications and trial strategies.

Source: Original reporting via legal news updates.