Utkarsh Anand : New Delhi, Sat Jan 19 2013, 03:50 hrs
The Supreme Court on Friday
agreed to examine if the forum for trial and punishment for a crime
committed by a minor should be determined by the gravity of the crime,
and not merely by the age of the perpetrator.
The country has been agitated by the possibility of the juvenile
accused in the gangrape of the 23-year-old woman on a bus in Delhi
getting off lightly because he was a few months shy of 18 years on
December 16, when the crime was committed. He is believed to have been
the most brutal of the six who assaulted the victim, who died in a
Singapore hospital on December 29.
Calling it an “issue of national importance”, a bench led by
Justice K S Radhakrishnan issued notices to the Delhi and central
governments and others on two petitions that sought to redefine the age
of juvenility in the wake of the alleged “brutal and heinous” role
played by the juvenile accused in the gangrape case.
The petitions argued that the provisions of the Juvenile Justice
(Care and Protection of Children) Act and Rules, fixing the age of
juvenility at 18 years, violated Articles 14 (right to equality) and 21
(right to life and liberty) of the Constitution.
Petitioner Salil Bali submitted that the “gravity of the crime”
rather than “juvenility” needed to be addressed, and that Parliament had
no power to extend leniency to such lengths that it impinged upon the
fundamental rights of citizens.
There was “no rationale” for fixing the age of juvenility at 18
for all categories of offences, Bali said — age should be fixed
according to the offence, as is done in several countrieshttp://www.i
No comments:
Post a Comment