PRELIMINARY ASSESSMENT UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015: CRITICAL EVALUATION

Authors

  • Paramjeet Kaur Assistant Professor, Punjab School of Law, Punjabi University, Patiala

Keywords:

JUVENILE JUSTICE, PROTECTION OF CHILDREN

Abstract

This article seeks to explore criteria stipulated in The Juvenile Justice (Care and Protection of Children) Act, 2015 for conducting preliminary assessment and its deficiencies in transfer hearing of the children in conflict with law between the age brackets of 16 to 18 years apprehended for commission of heinous offences. Except for broad norms the Act and its accompanying Rules hardly provide any guidance to the courts. In the absence of objective criteria such children are being arbitrarily transferred to the Children courts by the Juvenile Justice Boards. This results in unfair and arbitrary treatment of similarly situated children violating their fundamental right under Article 14 of the Constitution. In this view of the matter there is an urgent need to lay down objective criteria for conducting preliminary assessment and transfer hearing of such children. It urgently requires legislative and judicial intervention for laying down objective and uniform criteria.

References

AIR 2020 SC 405

(1) RCR (Cri) 603

Cri LJ 2720 (Raj)

(2019) 260 DLT 641 (Delhi)

(4) AKR 662

(4) Bom CR (Cri) 261 (Bombay)

U.S. 541 (1966)

Available at : https://www.merriam-webster.com/medical/mental%20capacity (Last visited on 15 March 2024)

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U.S. 541 (1966)

Mumtaz Ahmed Nasir Khan and Others v State of Maharashtra and Others, 2019 (4) Bom CR (Cri) 261 (Bombay)

S.Ct 2455 (2012)

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Published

2024-03-16

How to Cite

Paramjeet Kaur. (2024). PRELIMINARY ASSESSMENT UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015: CRITICAL EVALUATION. Innovative Research Thoughts, 10(1), 103–109. Retrieved from https://irt.shodhsagar.com/index.php/j/article/view/764