Bringing you the Best Analytical Legal News
“The path to independence is particularly complex for Care Leavers but with the right policies and support systems in place, these young adults can be empowered not just to survive but to thrive.”
“A person cannot be a juvenile for one purpose and an adult for other purpose. The Courts lean strongly against any construction which tends to reduce a statute to a futility.”
The Court observed that the involvement of the complainant remains a matter of judicial discretion rather than an enforceable entitlement, and the fundamental principle of juvenile justice i.e., ‘rehabilitation over retribution’ must remain paramount in any such determination.
The statutory mandate under Section 23 of the JJ Act must be strictly adhered to, ensuring that children in conflict with law are not subjected to joint proceedings with adults, regardless of whether they are being tried under the procedure applicable to adults.
“Judged by moral standards of the CWC members, the petitioner may not be a good person, but that does not make her a bad mother.”
Kerala High Court noted that accused 2 had abused and thrashed the minor victim and concluded that the offense falls under Section 323 of IPC in conjunction with Section 34 IPC.
The Court stated that the Senior Superintendent of Police, Ferozepur should take appropriate steps regarding the threat perception to the minor and her friend and to ensure that the minor, her friend and his family members were protected from the physical harm by minor’s family member.
A quick legal roundup to cover important stories from all High Courts this week.
“The words ‘Children’s Court’ and ‘Court of Sessions’ in JJ Act, 2015 and the Rules thereunder were directed to be read interchangeably. Primarily jurisdiction vests in the Children’s Court. However, without the constitution of such Children’s Court in the district, the power to be exercised under the Act is vested with the Court of Sessions.”
The High Court stated that rights of child adopted by Indian Citizens in Uganda, which is a non-signatory to Hague Convention, cannot be left marooned.
“Generally, prospective adoptive parents have to wait for 3-4 years for getting ‘a healthy and young child’ due to the huge mismatch in the number of registered PAPs and children available for adoption.”
However, the Commission was of the view that it is not advisable to tinker with the existing age of consent under the POCSO Act.
Bombay High Court explained that trying a child below 18 years before Juvenile Justice Board is a rule and trying a child above 16 years as an adult before Regular Court is an exception.
Kerala High Court started with a quote by — Mitch Albom which reads as “When you look into your mother’s eyes, you know that is the purest love you can find on this Earth.”
The Jammu and Kashmir and Ladakh High Court stated that revisionary power under Juvenile Justice Act vests only with the High Court
Kerala High Court: V. G. Arun, J., allowed medical termination of 28-week pregnancy of a 14-year-old girl. The mother of the victim
Bombay High Court: M.G. Sewlikar, J., held that, in terms of Section 15 of the Juvenile Justice (Care and Protection of Children)
Rajasthan High Court: Sandeep Mehta, J., allowed the revision application, granted bail and set aside the impugned orders. The facts of the
The information provided by the State Governments/Union Territories on the ‘Bal Swaraj’ Portal upto 05.06.2021 shows that there are 30,071 children who have become orphans or have lost one parent or abandoned.
“The death is not the greatest loss in life. The greatest loss is what one dies inside us while we live.”