Refusing to read down the provisions of Juvenile Justice Act to account for the mental and intellectual competence of a juvenile offender, a three Judge Bench of the Supreme Court comprising Chief Justice P Sathasivam and Justices Ranjan Gogoi and Shiva Kirti Singh refused to interfere with the age of juvenility in cases where juveniles are found guilty of heinous crimes, in a Public Interest Litigation (PIL) filed by Subramanian Swamy. It was held by the Court that the provisions of the Act are in compliance with the Constitutional directives and international conventions. The Court further observed that it was not obligatory for a sovereign nation to be commanded by the laws of foreign jurisdictions. The Court held that the classification of juveniles as a special class stood the test of Article 14, and stated that it should restrict itself to the legitimacy and not the inevitability of the laws.Subramanian Swamy, then president of Janata Party and a parliamentarian, pleaded to the apex court in a Public Interest Litigation (PIL) to consider the emotional, mental and intellectual maturity of the accused juvenile who was 17 at the time of commission of the offence. The legal protection in India provided to those… Read full this story
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