Unshrouding the enigma behind preliminary assessment under the juvenile justice (care and protection of children) Act, 2015
By: Varma, Arul
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Material type: 
BookPublisher: Journal of The Indian Law Institute Description: 62(3), Jul-Sep, 2020: p.263-281.
In:
Journal of The Indian Law InstituteSummary: The extant Juvenile Justice Act has incorporated a provision for conducting preliminary assessment in cases of heinous offences allegedly committed by a distinct category of children. An attempt to challenge the constitutionality of the provision was thwarted at the threshold as the apex court declined to hear a public interest litigation assailing the validity of the provision. For the time being, the law, as it stands, needs to be interpreted in the right perspective, so as not to defeat the intention of the legislature. The need of the hour is to strike a delicate balance between inviolable rights of children in conflict with law, and to fulfill the legislative mandate of giving effect to the subjective, and seemingly equivocal provisions of the new law. – Reproduced
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 62(3), Jul-Sep, 2020: p.263-281 | Available | AR126037 |
The extant Juvenile Justice Act has incorporated a provision for conducting preliminary assessment in cases of heinous offences allegedly committed by a distinct category of children. An attempt to challenge the constitutionality of the provision was thwarted at the threshold as the apex court declined to hear a public interest litigation assailing the validity of the provision. For the time being, the law, as it stands, needs to be interpreted in the right perspective, so as not to defeat the intention of the legislature. The need of the hour is to strike a delicate balance between inviolable rights of children in conflict with law, and to fulfill the legislative mandate of giving effect to the subjective, and seemingly equivocal provisions of the new law. – Reproduced
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