Trying juvenile as adult would violate right to life: Centre - Indian Express

Utkarsh Anand : New Delhi, Wed Jul 31 2013, 00:57 hrs The Centre has rebutted Janata Party president Subramanian Swamy's demand to try the juvenile accused in the December 16 gangrape in Delhi as an adult, saying this would violate the minor's fundamental right to life and that the heinousness of a crime could not indicate intellectual and emotional maturity of a person. "In the light of the proposition of law, it is not possible to accede to the prayer of the petitioner (Swamy) for trying respondent no. 1 (juvenile) as an adult under the Indian Penal Code and Criminal Procedure Code as the same would amount to a violation of his right to life under Article 21 of the Constitution," Ministry of Women and Child Development stated in its affidavit. The affidavit in response to Swamy's PIL would come up for hearing before a bench led by Chief Justice P Sathasivam on Wednesday. Swamy has demanded a judicial interpretation of the Juvenile Justice Act since the objective of the Act, he claimed, could never have been to protect persons like the juvenile accused in the Delhi gangrape case. Such a "blanket protection" solely on the basis of age, he contended, abridged the right to life, right to free and fair trial and the rights of a victim, which formed part of Article 21. However, the ministry has clarified that the protection to persons under 18 years old were granted under a valid legal regime and in accordance with international obligations and sound criteria relating to juvenile delinquency and possibility of their rehabilitation and re-integration into the society. Opposing a plea to reduce the age of juvenility, the affidavit said that the classification was made under Article 15 (3) of the Constitution that allowed government to make special provisions for women and children and hence could not be alleged to be violative of any fundamental rights of other citizens. ... contd. ALSO READ 1984 riots accused dies, trial deferred Sky high cut-offs a problem for DU: Tharoor Man held for hurling acid on woman found dead in lock-up We only had to prove Shahzad was there in Batla House flat, we did that: Prosecution Please read our terms of use before posting comments TERMS OF USE: The views, opinions and comments posted are your, and are not endorsed by this website. You shall be solely responsible for the comment posted here. The website reserves the right to delete, reject, or otherwise remove any views, opinions and comments posted or part thereof. You shall ensure that the comment is not inflammatory, abusive, derogatory, defamatory &/or obscene, or contain pornographic matter and/or does not constitute hate mail, or violate privacy of any person (s) or breach confidentiality or otherwise is illegal, immoral or contrary to public policy. Nor should it contain anything infringing copyright &/or intellectual property rights of any person(s). via Science - Google News http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNEXndlhU2D1oshQ49hIfNTQtVZUiQ&url=http://www.indianexpress.com/news/trying-juvenile-as-adult-would-violate-right-to-life-centre/1148916/

Put the internet to work for you. via Personal Recipe 2954071