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DEVAN RAMACHANDRAN, M. B. SNEHALATHA
...... – Appellant
Versus
The State of Kerala – Respondent
ORDER
Devan Ramachandran, J.
The Juvenile Justice (Care and Protection of Children) Act, 2000 [for brevity, 'the Act, 2000'] was enacted drawing inspiration from the United Nations Convention on the Rights of the Child, ratified by India on 11.12.1992. It was embedded on the imperative constitutional provisions of Article 15(3) of our Constitution, conferring powers on the State to make special provisions for children; as also on the stipulations in Articles 39(e) & (f), read with Articles 45 & 47, which enjoins the State to ensure that all needs of children are met and their basic human rights protected.
2. Though the afore Act did commendably well, increasing cases of crimes committed by children in the age group of 16 to 18 impelled a requirement for its comprehensive amendment, it being noticed that its provisions were ill-equipped to tackle child offenders in that group. This was fortified because, the data collected by the National Crime Record Bureau indicated a rise in the number of offenders in the age group of 16 to 18; particularly in categories of crimes, which are defined as being heinous. This led to the Juvenile Justice (Care and Protection of
The court affirmed that the Board's reliance on social and counseling reports satisfied statutory requirements for trying a child as an adult under the Juvenile Justice Act.
(1) Appeal, under Section 101(2) of Juvenile Justice Act, 2015 against order of Board passed under Section 15 of Act, can be filed within a period of 30 days. Appellate court can entertain appeal aft....
The main legal point established in the judgment is the mandatory nature of the preliminary assessment under section 15 of the Juvenile Justice Act, to be completed within the specified time frame as....
The court emphasized the necessity of thorough psychological evaluations for juveniles in conflict with law, asserting that inadequate assessments violate statutory requirements under the Juvenile Ju....
The proceedings against a Child in Conflict with Law must comply strictly with statutory inquiry requirements for fair trial rights, or they may be quashed due to procedural violations.
The lack of compliance with mandatory procedural safeguards in juvenile trials invalidates the conviction, necessitating adherence to due process under the Juvenile Justice Act.
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