Browsing: child rights
Madras HC: Juvenile Justice Act Overrides Muslim Personal Law on Adoption, Says Adopted Child Equal to Biological Child
Madras High Court held that the Juvenile Justice (Care and Protection of Children) Act, 2015 prevails over Muslim personal law for adoptions, and that upon an…
Supreme Court Rules Juvenile Justice Act, 2000 has Retrospective Effect; Orders Release of Man Found to Be a Juvenile at the Time of 1981 Offence
The Supreme Court bench of Justices Dipankar Datta and A.G. Masih ordered the release of a man convicted in a 1981 murder case after confirming he was 12 years and 5 months old at the time of the offence. Citing Section 7-A of the Juvenile Justice Act, 2000, the Court held that a claim of juvenility can be raised at any stage and applies retrospectively. The bench ruled that custody beyond the three-year limit under juvenile law violates Article 21 and reaffirmed the rehabilitative nature of juvenile justice while criticizing past procedural lapses.
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