SC declines to entertain PIL on revised juvenile law

The Supreme Court on Friday declined to entertain a PIL filed by a Congress leader and activist, challenging the constitutional validity of the recently-passed juvenile law that allows delinquent minors of 16 years of age and above to be tried as adults if they commit heinous offences like rape and murder.

The Juvenile Justice (Care and Protection of Children) Act, 2015, cleared in the Winter session of Parliament, repeals and recasts the old Act.

A Bench, headed by Chief Justice TS Thakur, questioned the locus of the petitioner, saying, “it may be challenged by somebody who is convicted or affected by the new legislation”.

The Bench did not agree with senior advocate Salman Khurshid that a larger issue was involved in the matter and a traumatic situation has arisen due to the decision taken on the issue which is contrary to the law prevailing in other countries. 

However, the Bench said to go into the issue, the petitioner must have to show that there is a violation of fundamental right. The Bench allowed the senior advocate to withdraw the PIL, saying it can be filed on behalf of somebody who is affected and not privately like this.