‘Society needs protection, not juvenile delinquents’

Update: 2013-01-10 02:08 GMT
The Delhi High Court on Wednesday issued notice to the central government on a PIL on certain provisions of the juvenile law, including those which 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 14 Feb,' a bench of Chief Justice D Murugesan and V K Jain said.

The court was hearing a PIL filed by a SC lawyer, Shweta Kapoor, which had sought for direction to declare as 'ultra vires' some provisions of the Juvenile Justice Act saying that the recent incidents show it is the society which 'needs care and protection,' instead of the offenders above 16.

Additional Solicitor General Rajeeve Mehra appearing for the central government 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.'

Petitioner counsel 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.

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