HC poser to govt: Why no death for minors?

HC poser to govt: Why no death for minors?

Source: DNA

HC poser to govt: Why no death for minors?

DNA Correspondent l New Delhi

The Delhi High Court on Wednesday asked the Centre to respond to a petition seeking annulment of certain provisions in the juvenile law, including those that spare minor convicts from life imprisonment and death penalty. “Issue notice to respondents (the Union ministries of parliamentary affairs and law and justice). Put up for hearing on February 14,” a bench of Chief Justices D Murugesan and VK Jain said. Additional solicitor general Rajeev Mehra appearing for the Centre said, “So far as the Juvenile Justice (Care and Protection) Act is concerned, I will have to take instructions and so far as the other prayer (seeking harsher punishment for rape) is concerned, a committee has already been constituted to look into it.” The counsel for Shweta Kapoor, a Supreme Court lawyer who filed the PIL, said various provisions of the Act, including section 16, require to be held as ultra-vires as it prohibits a juvenile above the age of 16 years from being awarded life imprisonment and death penalty. The petition also highlights the alleged contradiction in various provisions of the Act which allows a juvenile convict to go out of a special home after attaining majority.The Act provides that delinquents, above 16 years, shall be kept in special homes away from other minors and the period of detention would be of three years, while another provision says that a juvenile can only be kept in the special home till he attains 18 years of age.

Published Date:  Jan 10, 2013