Plea to try juveniles under normal law rejected
11 years, 8 months ago

Plea to try juveniles under normal law rejected

The Hindu  

The Supreme Court on Wednesday dismissed a batch of petitions seeking a direction to the Centre to take steps to make changes in the Juvenile Justice Act 2000 to ensure that juveniles be tried under normal law in offences like rape and murder. A three-judge Bench of incumbent Chief Justice Altamas Kabir, and Justices S.S. Nijjar and J. Chelameswar, while rejecting the batch of petitions, also did not accept the plea that the investigating agency be permitted to keep records of the juvenile offenders, and take preventive measures to ensure that repeat offenders were brought to justice. The age limit, which was raised from 16 to 18 years in the JJ Act, is a decision which was taken by the Government, which is strongly in favour of retaining Sections 2 and 2 in the manner in which it exists in the statute book.” The Bench said that a misunderstanding of the law relating to sentencing of juveniles needed to be corrected. The Bench pointed out that the essence of the Juvenile Justice Act is “restorative and not retributive, providing for rehabilitation and reintegration of children in conflict with law into the mainstream society.” “The age of 18 has been fixed on account of the understanding of experts in child psychology and behavioural patterns that till such an age the children in conflict with law could still be redeemed and restored to mainstream society, instead of becoming hardened criminals in future.”

History of this topic

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