Defend juvenile law provisions: SC tells Centre
Asking if the nature of a crime should be taken into account before granting immunity to juveniles from criminal prosecution, the Supreme Court Monday asked the Centre to defend the “constitutional validity” of the provision in the Juvenile Justice Act that treats a person as minor until 18 years.
Seeking a comprehensive response from the Centre, a Bench of Justices K S Radhakrishnan and Dipak Misra said that the court would deal with the validity of the law on the “judicial side” and hence recommendations by the government-mandated Verma committee could not provide the answers to the questions raised in a PIL.
The petitioner asked the court to declare certain provisions of the Act in violation of fundamental rights under Articles 14 (right to equality) and 21 (right to life and liberty) of the Constitution. It also sought that certain provisions be held unconstitutional, pointing out that the definition of “juvenile in conflict with law” accords absolute immunity to delinquents up to the age of 18 years from being prosecuted like adults despite the gravity of their crimes.
“Should the fixation of age as 18 years have some nexus with the crime? The question that this petition raises is that the gravity of crime must have some connection with the determination of age and its benefits,” said the court, addressing Attorney General G E Vahanvati.
The AG had been requested by the Bench on Friday to appear before it and communicate the Centre’s stand.
The AG began by saying that the issue
Give them death, but a slow, painful
Sanjit Adhikary | 05-Feb-2013Reply | Forward Please tell me, why in such case a juvenile is pardoned. Did he act like a juvenile when he started the torture or should we consider that if he was not he wouldn't had done this. Wakeup India, this rogue is a piece of dirt which needs to be cleaned. But I personally feel, do not hang him, in the single stroke he will not understand the tremendous pain the brave heart had to undergo. I want all of them to suffer and feel the pain, the agony. Give them death, but a slow, painful & exemplary one.Give them death, but a slow, painful
TrueIndian | 05-Feb-2013Reply | Forward Please tell me, why in such case a juvenile is pardoned. Did he act like a juvenile when he started the torture or should we consider that if he was not he wouldn't had done this. Wakeup India, this rogue is a piece of dirt which needs to be cleaned. But I personally feel, do not hang him, in the single stroke he will not understand the tremendous pain the brave heart had to undergo. I want all of them to suffer and feel the pain, the agony. Give them death, but a slow, painful & exemplary one.
Cruelty and Misandry
Prakhyat | 05-Feb-2013Reply | Forward By saying that you are only revealing the criminal and inhuman side of yours. Punishing in the name of justice must not be like another Crime. And let me ask you something, would you like the same law for a juvenile female? If you mind stops with this question then be present to the fact that you have (been raised with) lot of MISANDRY i.e. Hatred for Men in genenral. Peace !
Complex question of law
abdul | 05-Feb-2013Reply | Forward Law do not allow a person to lawfully satisfy its sexual desire (By marriage) till he is 21 and she is 18. So we have no right to punish them if they fulfill their sexual desires unlawfully. Please note that sexual urge starts at the age of puberty (14-16 years). So the juveniles should not be punished for sexual crimes, till the age of marriage is reduced by law amendments. As for other crimes such as murder or grievous hurt etc, the Juveniles should be punished, with extreme care and ruling out misuse espacially by police. However, children that have not reached puberty yet, should be exempted from punishment. Extreme care should be taken so that police do not mistreat and misuse law to get confession from juveniles.body needs, pleasure and responsibility
Prakhyat | 05-Feb-2013Reply | Forward For sexual pleasure allowing marriage at a lower age is MISTAKE. Infact the age for amrriage should be elevated as some do marriage decisions based on raging hormones and that is at the root of many many marital and (hence) criminal problems. As non-Indian as it may sound , why not legalize prostitution in India , it exists anyway! Provide sex education to the young and allow consentual sex if a couple wants and let that not be a marriage lock-in bat by any of the parties. Change would come, it is knocking.. India .Embrace it !!
