SC notice to Centre on Juvenile Justice Act

The Supreme Court on Monday issued a notice to the Centre on a plea submitted by the parents of the December 16 Delhi gang-rape victim, seeking direction to subject the lone minor convict to trial under ordinary law as opposed to that of a juvenile.

Contending that giving blanket immunity to juvenile offenders was “arbitrary and unconstitutional”, the petition also urged the court for the juvenility of the accused to be determined by a criminal court and not by the Juvenile Justice Board.

A bench presided over by Justice B S Chauhan sought a response from the Women and Child Development Ministry, within four weeks on the question of determining the minority of an offender in heinous cases.

The juvenile offender, who was more than 17 years of age, was tried under the Juvenile Justice Act and sent to an observation home for three years on August 31.

The petitioners urged the court to declare as unconstitutional and void the Juvenile Justice (Care and Protection of Children) Act to the extent that it puts a blanket ban on the power of the criminal courts, to try a juvenile offender for offences committed under the Indian Penal Code.

They contended that the juvenile was liable to be tried and punished by the criminal courts for his offences.

The petition sought trial of the juvenile under the provisions of the Indian Penal Code.