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“Such an undisciplined approach is symptomatic of the culture of apathy that has developed on the subject of the rights and well-being of convicts. In denying them their legal right to be considered under a policy duly devised by the State for a specific purpose, the authorities have essentially categorised them as second-class citizens.”
“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.”
“No child shall be liable to pay fees and charges that prevents him/her for pursuing elementary education. The Government and Local Authorities should ensure that every child completes his/her elementary education.”
On literal interpretation of Section 115(1) of Mental Healthcare Act, 2017, it can be stated that any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and cannot be tried and punished for any offences under Penal Code, 1860.
“Constantly witnessing his peers moving ahead in life causes frustration which could create an emotion of rebellion, and coupled with the exposure to criminality in prison, it could easily gain traction and push him to become a hardened criminal.”
Disaster Management Act mandates the State Government to take necessary measures for disaster management, which includes both immediate relief and long-term recovery efforts.
“It is the duty of the ‘State’ and the prison officials to treat all prisoners equally and make sure that steps for reformation are taken rather than imposing more and more punishments on them, thereby, promoting them to commit further crimes.”
The primary objective of the JJ Act is the rehabilitation of juveniles rather than punishment. The grant or denial of bail/suspension should be based on the individual’s conduct and circumstances, not solely on the severity of the offense.
The Court stated that parole enables a prisoner to develop a feeling of self-confidence that there is a life beyond prison and develop a sense of hope and active interest in his life with a view to rehabilitate the prisoner.
“The persistence of manual scavenging is a stark reminder of the deep-rooted inequalities and discrimination that continue to pervade our society, perpetuating the cycle of poverty, oppression, and exclusion faced by marginalized groups.”
“The duty of the municipal authorities is to take concerted, sincere and optimum steps to ensure that such animals are rehabilitated and do not possess a menace to residents of Delhi or to the traffic plying on the roads.”
“Convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently during incarceration and show a tendency to reform themselves and become good citizens.”
The Supreme Court held that the Court cannot be limited only to two punishments, one a sentence of imprisonment, for all intents and purposes, of not more than 14 years and the other death.
“For ours is a battle not for wealth or for power. It is a battle for freedom. It is the battle of reclamation of human personality.”- Dr. B. R. Ambedkar
A PIL on the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 is pending before the Supreme Court.
“Delhi Commission for Protection of Child Rights is directed to furnish year-wise details of operations conducted by it from 2016 to date.”
Calcutta High Court held that the proximity between the last seen circumstance and the recovery of the victim’s body established a livelink between their presence and the rape and murder.
Calcutta High Court gave directions to veterinarians attached to the Government Institution to examine rehabilitated horses and submit compliance report on next date of hearing.
The Court passed no further orders considering the information provided in the Status Report and the measures taken by the authorities concerned towards the implementation of the Mental Healthcare Act, 2017.
by Maharukh Adenwalla* and Gayatri Virmani**