Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2000 (as amended) - Constitutionality of - Enactment of the Act Juvenile Justice Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Juvenile Justice Act, 2000 (as amended) - Constitutionality of - Enactment of the Act - Purpose - lnclusioh of all persons under the age .o(18 into a .class called 'juveniles' - Validity - Held: The Act was enacted to give full and complete effect to the country's international obligations arising from India being a sigRatory to three separate conventions, namely, the Beijing Rules, the UN Convention and the Havana Rules - Also, the Act is a beneficial piece of legislation - If the Act is plainly read and understood, the resultant effect thereof is wholly consistent with Art. 14 - The Act, therefore, need not be read down, as suggested, to save it from· the vice of uncons(itutionafity for such unconstitu#orrality does not exist - If the legislature has adopted the age of 18 as the dividing line between juveniles and adults-End such a decision is constitution-any permissible the enquiry by the Courts must com,£;1, to an end - Even otherwise there is a considerable body of world opinion that all under 18 persons ought to be treated as juveniles and separate treatment ought to be meted out to them so far as offences committed by such persons are concerned .Juvenile Justice Act, 2000 (as amended) - Criminal G justice system and the system for dea/-ing with offenders under the Act - Difference between - Elucidated.Constitution of India - Art. 14 - Classification or categorization of persons into one class/group - Validity - Held: Classification or categorization need not be the outcome of a mathematical or arithmetical precision in the similarities of the persons included in a class and there may be differences amongst the members included within a particular class - So long as the broad features of the categorization are identifiable and distinguishable and the categorization made is reasonably connected with the object targeted, Art. 14 will not forbid such a course of action - Juvenile Justice Act, 2000 (as amended).Doctrines - Doctrine of reading down" - Principles of - Held: Reading down the provisions of a statute cannot be resorted to when the meaning thereof is plain and unambiguous and the legislative intent is Clear.Interpretation of Statutes - Thinking and practices in foreign jurisdictions - Relevance of - Held: Contrary international opinion, thinking or practice does not dictate the legislation of a sovereign nation - Juvenile Justice. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2014 INSC 221 |
Petitioner | Dr. Subramanian Swamy & Ors. |
Respondent | Raju Thr. Member Juvenile Justice Board & Anr. |
SCR | [2014] 9 S.C.R. 283 |
Judgement Date | 2014-03-28 |
Case Number | 695 |
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