R.BASANT
Andrew Mendez – Appellant
Versus
State Of Kerala, Represented by the Public Prosecutor – Respondent
Which is the court referred to in Section 41(6) of The Juvenile Justice (Care and Production of children) Act, 2000 (hereinafter referred to as the Act) after its amendment by Act 33/06? Can it be said that it is the Juvenile Justice Board itself? If not, which is the court which the Legislature had in mind when the Act was amended by Act 33/06? These are the questions which come up before this court for consideration in this petition. How an in alert amendment of a statute can reap pernicious consequences in the implementation of the provisions of the statute is clearly revealed from the dilemma which is posed before the court in this case.
2. Thepetitioner 1 and 2 are a couple, who had got themselves appointed as guardians of a child sponsored by the placement agency, the third petitioner. By order dated 6/6/97 passed by the Family Court, Ernakulam in O.P.No.97/97 petitioner 1 and 2 were appointed as guardians of the child and the child continues to be under their care and custody. According to them, since there was no law enabling them to adopt the child they had to remain satisfied with their status as legal guardians of the child.
3. Then came the enactment of The Ju
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