R.K. Tarun v. Union of India and Ors. - (High Court of Delhi) (19 Nov 2015)

Delhi Juvenile Justice Rules not unconstitutional

MANU/DE/3552/2015

Miscellaneous

The Delhi High Court rejected a petition calling the procedure for determining juvenility of an accused unconstitutional and in conflict with the law. Despite there being a difference between the Delhi Juvenile Justice (Care and Protection of Children) Rules, 2009 and the Model Rules, the Court directed authorities to follow the State rules. It determined that though State rules gave a different priority to documents produced in evidence of the age of an accused, and different courts followed different procedures, such did not render them unjustified. Further, unless the Rules were shown to be contrary to Article 14 of the Constitution of India, arbitrary or unreasonable, a court could not “sit in judgment over [Parliament’s] wisdom”.

Relevant : Ashwini Kumar Saxena v. State of Madhya Pradesh, MANU/SC/0753/2012 Section 49 Juvenile Justice (Care and Protection of Children) Act, 2000 Act

Tags : JUVENILE PRIORITY PROOF RULES VARIATION