An important question arises in these two cases. Since common question is involved, both these cases are heard and disposed of together.

2. The petitioner in Criminal M.C.2715/2011 is an accused against whom the allegation made is that on 04/02/2005 at 06.30 P.M., he rode the motor cycle bearing No.KL7-AG5750 on a public road in a rash and negligent manner so as to endanger human life and hit a child aged 3 years. The child later succumbed to those injuries. Hence, the charge sheet was laid against the accused alleging offences punishable under Sections 279 and 304A IPC.

3. The learned Magistrate found that the victim in this case is a child and as such the case is to be tried by the Children’s Court and therefore the case was committed to the Children’s Court (Principal Sessions Court, Ernakulam). The learned counsel for the petitioner submits that the offence alleged against the petitioner is not to be tried by Children’s Court since no violation of child right is involved in this case and as such the order passed by the learned Magistrate is liable to be set aside.

4. The petitioner in Criminal M.C.No.1481/2011, is the accused in CC.No.87/07 of JFCM – III, Punaloor. The offences alleged against the accused are under Sections 452, 323, 324, 354 and 506 (1) IPC. The allegation against the accused is that on 16/05/2007, he entered the house of the second respondent with a sword and inflicted injuries to respondents 2 to 6. After completing investigation, charge sheet was laid against him alleging offences as mentioned above. It is stated that the case was thereafter committed to the Children’s Court constituted under Section 25 of the Act. Out of the five injured persons, one of them is a boy aged 16 years and another injured is a girl aged 14 years. Therefore, those injured persons are to the reckoned as children being aged less than 18 years as on the date of the commission of the offence.

5. Sec.2(b) of the Commissions for Protection of Child Rights Act, 2005 defines child rights as:

“(b) “child rights” includes the children’s rights adopted in the United Nations convention on the Rights of the Child on the 20th November, 1989 and ratified by the Government of India on the 11th December, 1992;”

The commission for protection of Child Rights Act, 2005, Central Act 4 of 2006 was enacted to provide for the constitution of National Commission and State Commissions for Protection of Child Rights and Children’s Courts for providing speedy trial of offences against children or of violation of child rights and for matters connected therewith or incidental thereto. Article 3 of the CONVENTIN ON THE RIGHTS OF THE CHILD, 1989 reads:

“1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be primary consideration.

2. State Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her salary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her and, to this end, shall take all appropriate legislative and administrative measures.

3. State Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.”

Article 5 deals with the rights, duties and responsibilities of parents of child etc., which reads:

“State parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legal