Telangana High Court juvenile ruling.
News THE NEW INDIAN EXPRESS, lawbeat, news18
The Telangana High Court has reiterated the importance of adhering to Section 19 of the Juvenile Justice (Care and Protection of Children) Act, 2015, emphasizing that Children’s Courts must not overlook independent assessments when deciding if a juvenile can be tried as an adult.
In the context of the 2022 Jubilee Hills gang rape case, the High Court set aside the decision of a Magistrate who had determined that the juvenile accused were fit to be tried as adults. Justice G. Anupama Chakravarthy observed that the assessment of the accused’s mental and physical fitness was conducted within a single day, lacking detailed reasoning on how the conclusion—that they comprehended the consequences of their actions—was reached. Furthermore, the Magistrate’s findings deviated from those of the Juvenile Justice Board (JJB) member, raising concerns about the thoroughness of the evaluation .
Consequently, the High Court remanded the matter back to the Juvenile Justice Board for a fresh preliminary inquiry. It directed that all relevant documents, including the FIR and witness statements, be provided to the juvenile accused by May 3, 2023, in accordance with the Juvenile Justice Rules, 2016. This ensures that the juveniles have a fair opportunity to respond and that the inquiry aligns with the procedural safeguards mandated by law .
This ruling underscores the judiciary’s commitment to upholding the procedural integrity of juvenile justice proceedings and ensuring that decisions to try juveniles as adults are made based on comprehensive and independent assessments.
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