Vol. 2, Issue 10, Part A (2016)

The plea was a combination of seven writ petitions heard together which challenged the constitutionality of the Juvenile Justice Act, 2000 in response to which, the court refused to hold the act as ultra vires the constitution. Even though, this decision of the court was widely appreciated by one segment of the society due to the virtue of it being an equitable safeguard of public morality and children’s rights, the counter-offensive believed that this judgment is detrimental to holistic justice.

With the recent legal skirmish between the Apex Court and the people propounding equitable relief to all, focus has been shifted on either the lowering of the age of the juvenile or the categorical exemption of the children in the age bracket of 16 to 18 being exempted from the jurisdiction of the Juvenile Justice Act. Juvenile Justice (Care and Protection of Children) Act, 2015 has been passed by Parliament of India. It aims to replace the existing Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000, so that juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, can be tried as adults. Article is focused on whether the lowering the age of Criminality in Juvenile Justice Act is justified?