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as ultra vires the Constitution
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Showing posts with label
as ultra vires the Constitution
.
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Wednesday, July 24, 2013
declaration of the Juvenile Justice (Care and Protection of Children) Act, 2000, as ultra vires the Constitution, and to strike down the provisions of Section 2(k) and (l) of the above Act, along with a prayer to bring the said Act in conformity with the provisions of the Constitution and to direct the Respondent No. 1 to take steps to make changes in the Juvenile Justice (Care and Protection of Children) Act, 2000, to bring it in line with the United Nations Standard Minimum Rules for administration of juvenile justice. = This being the understanding of the Government behind the enactment of the Juvenile Justice (Care and Protection of Children) Act, 2000, and the amendments effected thereto in 2006, together with the Rules framed thereunder in 2007, and the data available with regard to the commission of heinous offences by children, within the meaning of Sections 2(k) and 2(l) of the Juvenile Justice (Care and Protection of Children) Act, 2000, we do not think that any interference is necessary with the provisions of the Statute till such time as sufficient data is available to warrant any change in the provisions of the aforesaid Act and the Rules. On the other hand, the implementation of the various enactments relating to children, would possibly yield better results. 50. The Writ Petitions and the Transferred Case are, therefore, dismissed, with the aforesaid observations. There shall, however, be no order as to costs.
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published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40577 ...
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