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IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, BASANT BALAJI
Suo Motu – Appellant
Versus
Government Of Kerala, Represented By Its Chief Secretary – Respondent
| Table of Content |
|---|
| 1. conclusions and mandated directions (Para 72 , 73 , 74) |
JUDGMENT :
“The hallmark of culture and advance of civilization consists in the fulfilment of our obligation to the young generation by opening all opportunities for every child to develop its personality and rise to its full stature, physical, mental, moral, and spiritual. It is the birth right of every child that cries for justice from the world.”
India has a wide range of laws to protect children and child protection is accepted as a core component of social development. However, the challenge lies in implementing the laws due to inadequate human resource capacity and quality prevention and rehabilitation services. As a result, millions of children are prone to violence, abuse, and exploitation. Violence takes place in all settings: at home, school, childcare institutions, work and in the community. Often violence is perpetrated by someone known to the child. As per the National Crime Records Bureau, last year, minors in the country committed a total of 30,555 crimes; Delhi is sixth on the list, with over 2,340 cases involving minors. In 2020, the cases registered against minors exceeded 2,643. This urges a
Effective implementation of the Juvenile Justice (Care and Protection of Children) Act is essential for child welfare, requiring proactive judicial oversight and accountability from state authorities....
Each of the Court premises should have child friendly courts and vulnerable witness courts and in this regard, we direct all the District Judges concerned to ensure that child friendly courts are mad....
Charitable institutions must register under the JJ Act but are not classified as 'child care institutions', affirming state responsibility for children's welfare without compromising institutional au....
The main legal point established in the judgment is the need for segregation of observation home, special home, and place of safety within the same building, and the implementation of measures for im....
The court established that the rights of children residing with incarcerated parents must be prioritized, mandating educational and developmental support systems to mitigate the adverse effects of im....
(1) Courts must follow and implement law – Courts cannot commit violence against law.(2) Kidnapping and rape of minor girl – When such offences of rape and aggravated penetrative sexual assault are c....
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.
The independence of the social audit mechanism under the Mahatma Gandhi NREGA must be preserved, prohibiting members of the Employment Guarantee Council from serving on the Social Audit Society to en....
The court established that missing person cases require urgent action and compliance with existing SOPs and legal obligations, emphasizing the presumption of abduction or trafficking.
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