SC decides to
examine the definition of juvenile in JJ Act
The Supreme Court today decided to
examine the
constitutional validity of the provision giving
the definition of
juvenile in the Juvenile Justice Act which
treats a person
as a minor till he attains the age of 18
years.
The
issue assumes significance in the wake of the
brutal
gangrape and
assault of a 23-year-old in Delhi
in a moving bus
that shook the conscience of the nation. The
victim died in a
Singapore
six accused in
the case is a juvenile.
Attorney General G E Vahanvati was asked by the
apex
court to assist
on the issue raised in a petition which seeks
to strike down
the definition of juvenile from the Juvenile
Justice (Care and
Protection of Children) Act.
A bench
comprising justices K S Radhakrishnan and Dipak
Misra decided to
hear the matter from April 3, and asked the
Attorney General
to file counter affidavits and
relevant
reports relating to the
issue.
The petition, filed by
two advocates--Kamal Kumar Pandey
and Sukumar--contended that sections
2(k), 10 and 17 of the JJ
Act which deals with the issue were
irrational and ultra-vires
of the
Constitution.
The counsel, appearing
for the petitioners, submitted
that the constitutional validity of
the definition of juvenile
in the Act is in conflict with the
law.
The counsel said that
the definition of juvenile under
section 82 and 83 of the IPC is a
much better classification.
Section 82 provides that
nothing is an offence which is
done by a child under seven years of
age.
Section 83 says nothing
is an offence which is done by a
child above seven years of age and
under twelve and who has
not attained the maturity to
understand or judge the nature
and consequences of his
conduct.
"We have to examine the
matter," the bench said, adding
that "the matter is relating to
fixation of age".
"It is a question of
law," it said.
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