Thursday, 11 June 2015

Whether female child who is recovered under immoral traffic Act can be treated as juvenile in conflict with law?


 Rule 3(2)I(a) of the JJ Rules unequivocally declares the fundamental principle that a child is to be presumed to be innocent of any malafide or criminal intent up to the age of eighteen years. Rule 3(2)I(b) mandates that a child's right to presumption of innocence shall be respected throughout the process of justice. Any unlawful conduct of a juvenile or a child or a juvenile in conflict with law which is done for survival or is due to environmental or situational factors or is done under control of adults, or peer groups, ought to be covered by the principles of innocence [Rule 3(2)(Ic)].
226. Under Rule 3(2)I(d)(i) the age of innocence is indicated as the age below which a juvenile or child or a juvenile in conflict with law cannot be subjected to the criminal justice system.
227. The JJ Rules, 2007 also statutorily recognise the principle of family responsibility. [Rule 3(2)(V)]. It is stated that the primary responsibility of bringing up children, providing care, support and protection shall be with the biological parents. Of course, an exception to this situation is provided when responsibility for the care of the child may be bestowed on willing adoptive or foster parents.
228. The inevitable and only answer to the second question formulated earlier in this judgment is that a person under eighteen years of age who is recovered in police action under Sections 15 and 16 of the IT Act, has to be treated as a child in need of care and protection' within the meaning of the expression under the JJ Act 2000. Such person shall not be treated as a juvenile in conflict with law'.
Conclusions
(i) A child is incapable of giving consent and any sexual behavior or activity involving a child renders the participating adult open to stringent penal action under several enactments. No penal liability vests on the child for the same.
(ii) A bare reading of the statutory provisions, International Conventions & Treaties as well as the available jurisprudence manifests the statutory intendment that such child (i.e. a child found begging is a street child, a working child or a child being or likely to be grossly abused, tortured, or exploited for the purpose of sexual abuse or illegal acts as well as a child who is found vulnerable and likely to be inducted into drug abuse or trafficking) is not to be treated as an offender but is only to be treated as a victim hence as a child in need of care and protection' within the meaning of the expression under the JJ Act. (iii) A person under the age of eighteen years, if found involved in any aspect of trafficking or prostitution, within the meaning of the expression in the IT Act, 1956, or is rescued in police action under Section 15/16 of the IT Act cannot be treated as a juvenile in conflict with law' as defined Section 2(l) and has to be treated as a child in need of care and protection' as defined under section 2(d) of the JJ Act, 2000.
IN THE HIGH COURT OF DELHI AT NEW DELHI

Crl. Rev. No. 443/2009 & Crl.M.A.No.3071/2010

 Date of Decision: 12th August, 2014

DELHI HIGH COURT LEGAL SERVICES COMMITTEE ..Petitioner
VERSUS

UOI & ANR. ....Respondents

 Citation:  Citation: 

CORAM:

HON'BLE MS. JUSTICE GITA MITTAL

GITA MITTAL, J
Read full judgment: https://drive.google.com/file/d/0B5vWGtQ14k1BaGQ4UEdVQ09BY2M/view?usp=sharing
 Citation: 2015CriLJ2054, 214(2014)DLT1

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