Trial Of Offences Against Children And Violation Of Child Rights-Thresiamma Varkey’s Case Creates A Catch-22 Situation
7 years, 7 months ago

Trial Of Offences Against Children And Violation Of Child Rights-Thresiamma Varkey’s Case Creates A Catch-22 Situation

Live Law  

This is a short write up on Thresiamma Varkey vs. State of Kerala, wherein a Single Bench of the High Court of Kerala issued directions to the subordinate courts in the matter of trial of offences before the Children’s Court. In the above decision, apart from the decision on the issue, the Court also formulated some directions to the subordinate courts, inter alia, directed that “no case against the children or violation of child rights, shall be committed to the Sessions Court for being tried before the Children's Court unless at least one of the offences for which the accused is being tried is punishable with imprisonment of more than seven years.” It seems this direction sans legality and out of context. Section 25 says: “For the purpose of providing speedy trial of offences against children or of violation of child rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a court in the State or specify, for each district, a Court of Session to be a Children's Court to try the said offences:” Section 86 of the New Act fixes the venue of trial of different types of offences committed by the ‘child in conflict with law’. So, the direction that no case against the children or violation of child rights shall be committed to the Sessions Court for being tried before the Children's Court unless at least one of the offences for which the accused is being tried is punishable with imprisonment of more than seven years, appears to be against the legislative intention. Only those kind of cases in respect of which the Commission finds "violation of child rights of a serious nature" or "contravention of provision of any law for the time being in force" and recommends to the concerned Government or authority for initiation of the proceedings for prosecution, shall be deemed to be cognizable and triable by the specified Children's Court constituted under section 25 of the Act.

Children Kerala Trial Court Rights Violation Child Rights Child State High Commission Act Decision Offences Section 25 Section 86 Thresiamma Varkey  offences  court  violation  varkeys  situation  child  high  act  childrens  creates  rights  decision  children  trial  catch22  rightsthresiamma

History of this topic

Children's Court Meant To Try Not Just Cases Where Child Rights Are Violated But Also Juveniles To Be Tried As Adults: MP High Court
4 months ago

Children's Court Meant To Try Not Just Cases Where Child Rights Are Violated But Also Juveniles To Be Tried As Adults: MP High Court

Live Law  

In a recent judgement, the MP High Court clarified the Children's Court is not only for trying the cases where child rights have been violated and victims are children but also for juveniles aged 16-18 who are accused of committing heinous offences. In Sections 15 and 18 of the Juvenile Justice Act, 2015, it is laid down that Juvenile Justice …

Supreme Court Reviews Its Order, Reiterates Juvenile Justice Rules, 2007 Are Relevant Rules For Considering Question Of Juvenility
1 year ago

Supreme Court Reviews Its Order, Reiterates Juvenile Justice Rules, 2007 Are Relevant Rules For Considering Question Of Juvenility

Live Law  

The Supreme Court reviewed its 2019 judgment wherein, while remitting the question of juvenility to the Punjab & Haryana High Court, it opined that the relevant rules to be looked into are Juvenile Justice Rules, 2001. While doing so, the Court corrected its 2019 judgment against which review was sought and held that Juvenile Justice Rules, 2007 is required to …

Division Bench’s Directions Contrary To Principles Laid Down By Supreme Court: Madras High Court Single Judge On Custody Battle For US-Born Twins
2 years, 1 month ago

Division Bench’s Directions Contrary To Principles Laid Down By Supreme Court: Madras High Court Single Judge On Custody Battle For US-Born Twins

Live Law  

Nearly a month after a division bench of Madras High Court directed a woman to hand over her twin sons to their father in the US, a single judge of the high court said the 15-year-old twins are not "mere minors" but "matured minors" who cannot be treated as properties to be handed over to a person "with whom the …

Supreme Court Notice to Centre on Plea Challenging Amendment to Juvenile Justice Act
2 years, 5 months ago

Supreme Court Notice to Centre on Plea Challenging Amendment to Juvenile Justice Act

News 18  

The Supreme Court Monday sought a response from the Centre to a plea challenging the recent amendment to the Juvenile Justice Act, 2015 by which certain categories of offences against children have been made non-cognizable. The top court was hearing a plea filed by Delhi Commission for Protection of Child Rights challenging the amendment made to the Juvenile Justice Act, …

Avoid Hyper-technical Approach In Deciding Juvenility Claim; If Two Views Possible, Lean In Favour Of Accused : Supreme Court
2 years, 6 months ago

Avoid Hyper-technical Approach In Deciding Juvenility Claim; If Two Views Possible, Lean In Favour Of Accused : Supreme Court

Live Law  

Revealing a rather unpleasant truth, the Supreme Court of India on Monday lamented that once children are caught in the web of adult criminal justice system, it is difficult for them to get out of it unscathed. Going through the provisions of the Act, the Court said that as per Section 20 of the 2000 Act, in all cases where …

Parliamentary panel decides not to push for lowering age limit of juvenile offenders under POCSO
3 years, 7 months ago

Parliamentary panel decides not to push for lowering age limit of juvenile offenders under POCSO

Firstpost  

Minor offenders under POCSO are currently tried under the Juvenile Justice Act, which also has a provision that let’s the juvenile justice board decide whether an offender above 16 years of age should be tried as an adult A key parliamentary panel has decided not to push for lowering the age limit to 16 years from 18 years for juveniles …

SC Issues Guidelines for Expeditious Trial of Cases Under POCSO Act
6 years, 10 months ago

SC Issues Guidelines for Expeditious Trial of Cases Under POCSO Act

Live Law  

The Supreme Court has issued a set of directions to ensure the swift and efficient trial of cases involving rape of children below the age of 12 years. The bench emphasized the importance of adhering to the provisions of the Protection of Children from Sexual Offenses (POCSO) Act of 2012 and highlighted the need to complete cases within six months …

Child Rapes: SC Issues Directions For The Better Implementation Of POCSO Act [Read Judgment]
6 years, 10 months ago

Child Rapes: SC Issues Directions For The Better Implementation Of POCSO Act [Read Judgment]

Live Law  

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Tuesday issued a string of directions in respect of the trial and disposal of matters under the Protection of Children from Sexual Offences Act of 2012.The bench was hearing the PIL filed by advocate Alakh Alok Srivastava, drawing the attention of …

Two Women Lawyers Move SC Over Safety Of School Children
7 years, 6 months ago

Two Women Lawyers Move SC Over Safety Of School Children

Live Law  

Spurred by the murder of a seven year old boy in Gurugram’s Ryan International School, two women lawyers moved the Supreme Court seeking framing of non- negotiable child safety conditions and implementation of existing guidelines to protect school-going children from offences like sexual abuse and murder across the country.A bench of Chief Justice Dipak Misra and Justices Amitava Roy and …

Two Women Lawyers Move SC Over Safety Of School Children
7 years, 6 months ago

Two Women Lawyers Move SC Over Safety Of School Children

Live Law  

Spurred by the murder of a seven year old boy in Gurugram’s Ryan International School, two women lawyers moved the Supreme Court seeking framing of non- negotiable child safety conditions and implementation of existing guidelines to protect school-going children from offences like sexual abuse and murder across the country.A bench of Chief Justice Dipak Misra and Justices Amitava Roy and …

Trial Of Offences Against Children And Violation Of Child Rights-Thresiamma Varkey’s Case Creates A Catch-22 Situation
7 years, 7 months ago

Trial Of Offences Against Children And Violation Of Child Rights-Thresiamma Varkey’s Case Creates A Catch-22 Situation

Live Law  

This is a short write up on Thresiamma Varkey vs. State of Kerala, wherein a Single Bench of the High Court of Kerala issued directions to the subordinate courts in the matter of trial of offences before the Children’s Court. In the above decision, apart from the decision on the issue, the Court also formulated some directions to the subordinate …

Examine Conflict Between POCSO & IPC: SC To Centre
8 years, 2 months ago

Examine Conflict Between POCSO & IPC: SC To Centre

Live Law  

Nobel prize winner Kailash Satyarthi’s NGO Bachpan Bachao Andolan wanted the Supreme Court to clear the conflict between the IPC - which terms children as those aged under 15 years - and POCSO - which terms children as those aged under 18.A bench headed by the newly sworn in Chief Justice J S Khehar today directed the government to examine …

SC refuses to entertain plea against new Juvenile Justice Act
9 years ago

SC refuses to entertain plea against new Juvenile Justice Act

Live Law  

Supreme Court today refused to entertain a PIL which challenged the validity of the Juvenile Justice Act 2015 saying it cannot be a subject matter of a public interest litigation and can only be admitted if an aggrieved comes before the court.Salman Khurshid, the senior lawyer who appeared for activist Tahseen Poonawalla argued that the court must look into. Supreme …

Supreme Court to hear the Challenge against new Juvenile Justice Act Tomorrow
9 years ago

Supreme Court to hear the Challenge against new Juvenile Justice Act Tomorrow

Live Law  

A writ Petition filed in the Supreme Court challenging the Juvenile Justice Act, 2015 is coming up for admission Tomorrow before the Chief Justice’s Bench.In the PIL filed by Congress leader and Activist Tahseen Poonawalla it is submitted that the new Act seeks to repeal and replace the existing Juvenile Justice Act,. A writ Petition filed in the Supreme Court …

Breaking: SC appraises that Convict was a Juvenile after 24 years of incident; demands AG's opinion regarding how to deal with him aged 40 now [Read the Order]
10 years, 4 months ago

Breaking: SC appraises that Convict was a Juvenile after 24 years of incident; demands AG's opinion regarding how to deal with him aged 40 now [Read the Order]

Live Law  

A Supreme Court bench comprising of Justice Dipak Misra and Justice U.U. Lalit, today, ordered the Attorney General of India to inform the Court regarding the implications of Section 7A of the Juvenile Justice Act, 2000.After 24 years of the incident, the apex Court appraised that Convict was a Juvenile at the time of incident. Lalit, today, ordered the Attorney …

Breaking: SC appraises that Convict was a Juvenile after 24 years of incident; demands AG's opinion regarding how to deal with him aged 40 now [Read the Order]
10 years, 4 months ago

Breaking: SC appraises that Convict was a Juvenile after 24 years of incident; demands AG's opinion regarding how to deal with him aged 40 now [Read the Order]

Live Law  

A Supreme Court bench comprising of Justice Dipak Misra and Justice U.U. Lalit, today, ordered the Attorney General of India to inform the Court regarding the implications of Section 7A of the Juvenile Justice Act, 2000.After 24 years of the incident, the apex Court appraised that Convict was a Juvenile at the time of incident. Lalit, today, ordered the Attorney …

Supreme Court urges re-examination of Juvenile Law
10 years, 8 months ago

Supreme Court urges re-examination of Juvenile Law

Live Law  

A Supreme Court bench comprising of Justice Dipak Misra and Justice V. Gopal Gowda has reopened the debate, over the juvenile law in the country. It urged the Government to revisit the Juvenile Law in the country, stating that there can’t be a “cut-off” date for crime. A juvenile doesn’t mature in a day to take decisions, the court told …

Supreme Court urges re-examination of Juvenile Law
10 years, 8 months ago

Supreme Court urges re-examination of Juvenile Law

Live Law  

A Supreme Court bench comprising of Justice Dipak Misra and Justice V. Gopal Gowda has reopened the debate, over the juvenile law in the country. It urged the Government to revisit the Juvenile Law in the country, stating that there can’t be a “cut-off” date for crime. A juvenile doesn’t mature in a day to take decisions, the court told …

Gang-rape victim’s parents move SC for juvenile’s trial
11 years, 3 months ago

Gang-rape victim’s parents move SC for juvenile’s trial

The Hindu  

Parents of the December 16, 2012, gang-rape victim have moved the Supreme Court on Friday challenging the constitutional validity of the Juvenile Justice Act granting protection to a juvenile offender in a criminal case to be tried by a Juvenile Justice Board. The petition said the juvenile “is liable to be tried and punished by the criminal courts for the …

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