Coming straight to the nub of the matter, let me first and foremost begin by expressing my deepest happiness and utmost satisfaction to know that Delhi High Court has once again delivered a landmark judgment wherein it has minced absolutely no words to make it crystal clear that the rights of children are non-negotiable. Needless to say, children can never be treated at par with adults and they deserve all the rights as have been provided to them under the law and it is totally non-negotiable. No compromise can be made on this.

While craving for the exclusive indulgence of my esteemed readers, let me reveal here that the Delhi High Court has very recently rightly held that rights of children are completely non-negotiable even if they are implicated in a heinous crime while expressing its complete pain and anguish over the callous manner in which a Sessions Court dealt with a murder case in which a juvenile was “incarcerated” for over nine years. This is really so disheartening. The legal rights of children are supreme even if they are involved in any crime and they have to be protected at all costs and under all circumstances.

For my esteemed readers exclusive benefit, let me also spell out here that the Delhi High Court has also very rightly suggested that there was a need to train Trial Court Judges regarding the law relating to juveniles. It said that the Sessions Court had dealt with the matter while being “completely oblivious” of the valuable rights of a minor under the Juvenile Justice (Care and Protection) Act. I fully endorse Delhi High Court’s invaluable suggestion that the Sessions Judges must be trained in this regard so that the rights of juveniles are taken fully care of as encapsulated in the Juvenile Justice (Care and Protection) Act. This invaluable suggestion needs to be implemented at the earliest. It brooks no delay anymore on this score.

Refresher Course On Juvenile Justice Let me hasten to add here that acquitting the minor boy forthwith, a Bench of Delhi High Court comprising of Justices Gita Mittal and PS Teji directed the Delhi High Court registry to send the copy of its order to Director (Academics) of Delhi Judicial Academy for designing refresher course on juvenile justice and compiling the material for it. It said quite categorically that, “This design shall be sent to every district judge, who, if possible, would organise and implement the training at the district court complexes for expediency and to save the time of Judges. The timing of implementation of the training may be staggered to ensure that the programme is undertaken urgently and by every member of the judicial service.”

To put things in perspective, the Bench noted that the minor was arrested on January 13, 2007 and incarcerated ever since. He underwent over nine years of imprisonment which was much more than the maximum sentence permissible under the provisions of the Juvenile Justice (Care and Protection) Act. To say the least, even if refresher course is not started for Judges of lower courts, they must be made to compulsorily study the Juvenile Justice Act so that they never again make such type of grievous mistake again which is no less than a crime! But no doubt, having a refresher course is the right move as very rightly and commendably suggested by the Delhi High Court and this needs to be implemented not just in Delhi but all over India in all the lower courts in India! There can be no denying this!

Truth be told, this case has also chillingly reflected the utter callousness of the police on the importance of the issue pertaining to ascertaining the age of the boy, who was convicted in August 2014 in the murder case and awarded life term. The Delhi High Court has rightly pointed this out. The boy had claimed to be a minor at the time of commission of the crime.

The Bench of Justices Gita Mittal and PS Teji of Delhi High Court very rightly noted that, “Rights of the child are completely non-negotiable, even if he/she may stand implicated for commission of a heinous crime. The SHO of the police station concerned, who conducted the age inquiry, would have known about it. Yet, he also made no effort to inform the trial court about the same.” I am falling short of words to express my supreme happiness on this landmark judgment. But my real happiness will usher in if this landmark judgment is emulated by all the courts not just in Delhi alone but in all the lower courts all over India in all  the states uniformly.

Be it noted, it is a tall order but certainly not impossible. Supreme Court must direct this landmark judgment to be implemented all over India. It is most tragic to learn that minors are made to spend years and years in jail even though they were entitled to be released much earlier just due to Judges not being aware about the relevant Sections of the Juvenile and Justice Act in this regard! This should never have happened at the first place!

It is imperative to point out here that this must stop and for this to happen this landmark ruling must be unconditionally implemented all across India in all the lower courts so that such unpardonable crime by Judges themselves is never repeated again in India and a minor is never condemned to spend many years in jail wrongly and the invaluable rights of a minor are saved from being tossed again and again! This landmark case has gained prominence because it happened right in our national capital but many such cases happen in so many different states but they are never discussed or debated as they remain away from the glare of media! The rights of minors are supreme and the legal rights guaranteed to them by the Juvenile Justice Act have to be safeguarded at all cost and no compromise can be made on this as Delhi High Court has very rightly pointed out in this landmark case which must be hugely applauded! There can be no two opinions on it!

-Sanjeev Sirohi,

Advocate,