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1 - 10 of 10 (0.35 seconds)Article 21 in Constitution of India [Constitution]
The Juvenile Justice (Care and Protection of Children) Act, 2015
Section 21 in The Jammu And Kashmir Juvenile Justice (Care And Protection Of Children) Act, 2013 [Entire Act]
Article 14 in Constitution of India [Constitution]
The Jammu And Kashmir Juvenile Justice (Care And Protection Of Children) Act, 2013
The Juvenile Justice Act, 1986
A. K. Roy, Etc vs Union Of India And Anr on 28 December, 1981
7. We have considered the submissions made by the learned counsel for the
parties. It is trite law that the Court cannot compel the Government to do
that, which, according to the mandate of the Parliament, lies in its discretion
to do, when it considers it opportune to do it. In this connection, reference
may be made to the decision of the Supreme Court in the case of 'A. K. Roy
Etc vs. Union of India & anr.', [1982 (2) SCR 272].
The Juvenile Justice (Care and Protection of Children) Act, 2000
Aeltemesh Rein, Advocate, Supreme ... vs Union Of India & Ors on 4 August, 1988
8. The Parliament amended the Juvenile Justice (Care and Protection of
Children) Act, 2015, to make comprehensive provisions for children
alleged and found to be in conflict with law and children in need of care
PIL No.42/2013 Page 5 of 7
and protection, taking into consideration the standards prescribed in the
Convention on the Rights of the Child, the United Nations Standard
Minimum Rules for Administration of Juvenile Justice Act, 1985, the
United Nations Rules for Protection of Juveniles deprived of their liberty,
the Hague Convention on Protection of Children and Cooperation in respect
of Inter-country adoption and other related international instruments. By
way of an amendment in the Central Act, the age of Juvenile has been
brought down from 18 years to 16 years in case of heinous offences. The
Parliament has taken into account that there is a spike in juvenile crimes as
depicted by National Crimes Record Bureau Data. The Central Act further
provides that Children between 16 to 18 years of age be tried as adults for
heinous crimes. However, in the State of Jammu and Kashmir, it appears
that the State Legislature has not carried out any such exercise. Therefore,
on the analogy of the aforesaid principles of law laid down by the
Constitution Bench of the Supreme Court as well as in the case of
'Aeltemesh Rein (Supra)', we are inclined to dispose of the writ petition
with the direction to the State Government to consider the issue of
amending the provisions of Section 2(m), 2(n) and Section 21 of the Jammu
and Kashmir Juvenile Justice (Care & Protection of Children) Act, 2013, in
so far as it pertains to the reduction of age of Juvenile from 18 years to 16
years in the light of the averments made in the writ petition as well as in the
context of prevalent conditions in the society as also the other relevant
PIL No.42/2013 Page 6 of 7
factors and the provisions of Juvenile Justice (Care & Protection of
Children) Act, 2016, within a period of three months from the date of
receipt of a certified copy of the order passed today.
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