Key Points of the Supreme Court’s Ruling on Juvenility Plea:

1. Rejection of Juvenility Claim Not Final:

• The Supreme Court ruled that a juvenile claim, if not properly adjudicated, is not final, even if it was previously rejected by the courts, including the Supreme Court.
• A fresh plea for juvenility can be raised if earlier proceedings did not properly consider the claim.

1. Improper Adjudication in Earlier Proceedings:

• The Court noted that prior dismissals of juvenility claims lacked proper adjudication, and therefore the convict cannot be barred from raising the plea again.
• The procedural mandate under Section 9(2) of the Juvenile Justice Act 2015 was not followed in earlier rounds of litigation.

1. Case of Om Prakash:

• Om Prakash, convicted of murder in 1994 and sentenced to death, raised a juvenility plea stating he was 14 years old at the time of the crime.
• His plea was ignored or improperly adjudicated by the trial court, High Court, and even in curative proceedings by the Supreme Court.
• A subsequent mercy petition led to a commutation of his sentence, and he raised the juvenility claim again in 2019.

1. Role of Constitutional Courts in Juvenility Claims:

• The Court emphasized that juveniles should not be treated as delinquents but as victims deserving of rehabilitation and reformation.
• Constitutional courts have a duty to ensure juvenile claims are properly addressed to fulfill social welfare objectives.

1. Plea of Juvenility Can Be Raised at Any Stage:

• The Court clarified that juvenility claims can be raised before any court, and it must be determined as per the Juvenile Justice Act 2015.
• Courts must thoroughly assess the plea and not dismiss it in a casual manner.

Judicial Review of Juvenile Status:

• Even after appeals, review, or curative petitions, if juvenility was not properly considered, the issue can be revisited and reviewed by the courts.
• The Court reaffirmed its role in ensuring that juveniles are treated with the required care and due process.

Conclusion: The Supreme Court’s ruling underscores the importance of due process in determining juvenility claims and ensures that such claims cannot be dismissed without thorough consideration, even if raised after previous rejections. It reaffirms the duty of courts to protect the rights of juveniles under the Juvenile Justice Act.

About the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act 2015):

It is a significant piece of legislation aimed at addressing the needs of children in conflict with law and children in need of care and protection. It provides for the care, protection, and rehabilitation of children who are either in conflict with the law or are in need of care and protection.

Key Features of the Juvenile Justice Act 2015:

1. Child Welfare and Rehabilitation:
   • Focuses on the rehabilitation and reintegration of children, rather than punishment.
   • Provides for various rehabilitative measures including counseling, vocational training, and education.
2. Two Categories of Children:
   • Children in conflict with the law: Children who are accused or convicted of violating the law.
   • Children in need of care and protection: Children who are in difficult situations, such as orphans, abandoned, or exploited children.
3. Age Definition:
   • The Act defines a “child” as any person below the age of 18 years.
4. Special Procedures:
   • Establishment of Juvenile Justice Boards (JJB) for children in conflict with the law.
   • Children in need of care are handled by Child Welfare Committees (CWC).
5. Adoption:
   • Provides a legal framework for the adoption of children.
   • Emphasis on the protection of the rights of children being adopted.
6. Rehabilitation and Social Reintegration:
   • Focus on providing opportunities for children’s rehabilitation and social reintegration, rather than punitive measures.

Important Sections of the Juvenile Justice Act 2015:

1. Section 2(12) – Definition of “Child”
   • Defines a “child” as any person who has not completed 18 years of age.
2. Section 2(13) – Definition of “Child in Conflict with Law”
   • A child who is alleged to have committed an offence and is brought before a Juvenile Justice Board.
3. Section 2(14) – Definition of “Child in Need of Care and Protection”
   • A child who is either abandoned, exploited, or in a vulnerable condition requiring care and protection.
4. Section 9 – Procedures for Determining Age of Juvenile
   • Provides the procedure for determining the age of a child in conflict with the law. Age determination should be done by a Juvenile Justice Board.
   • The Act specifies that documentary evidence like birth certificates, school records, etc., should be considered, but in the absence of such evidence, the Board should rely on other available means.
5. Section 10 – Constitution of Juvenile Justice Board
   • Establishes the Juvenile Justice Board (JJB) consisting of a Judicial Magistrate and two social workers, one of whom must be a woman.
   • The Board is responsible for dealing with children in conflict with the law.
6. Section 11 – Functions of the Juvenile Justice Board
   • Outlines the functions of the Juvenile Justice Board, including the power to inquire into offences committed by children and issue orders for their rehabilitation.
7. Section 15 – Orders that Juvenile Justice Board Can Pass
   • The Board can pass various orders including:
     • Sending the child to a juvenile home.
     • Placing the child under foster care or adoption.
     • Releasing the child on probation.
     • Sending the child for rehabilitation and counseling.
8. Section 17 – Detention of a Juvenile
   • Detention of children should be avoided and is allowed only in exceptional cases. A child cannot be sent to a regular jail or adult prison.
9. Section 18 – Powers of the Child Welfare Committee
   • Child Welfare Committees (CWCs) are responsible for children in need of care and protection. The section empowers them to take decisions regarding the welfare and rehabilitation of such children.
10. Section 9(2) – Determination of Age in Case of Juvenility Plea
    • Provides the right for a juvenile to raise the plea of juvenility (i.e., claiming they were a minor at the time of the offence).
    • The plea can be raised before any court or authority, and it must be adjudicated as per the Juvenile Justice Act.
11. Section 21 – Rehabilitation of Juveniles
    • Focuses on the rehabilitation of juveniles by providing a system of education, vocational training, and psychological counseling.
12. Section 27 – Prohibition of Child Marriage
    • Addresses the issue of child marriage, emphasizing that the marriage of a child is illegal under the provisions of the Act.
13. Section 33 – Adoption Process
    • Specifies the process for the adoption of children, which is conducted by the Adoption Resource Authority (ARA).
    • Ensures the protection of children’s rights during adoption, ensuring no child is adopted against their will.
14. Section 64 – Punishment for Offences Against Children
    • Imposes penalties for those who commit crimes against children, such as child trafficking or exploitation.