Human Rights Law Network


PILs & Cases

Teacher convicted for raping a minor student

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In February 2016, the Hon'ble Sessions Court in Srinagar announced the conviction of "13 Years" imprisonment to a teacher who had raped a minor girl. The case was filed in 2013 against the teacher who raped her 14 year old student.

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SC direct States to clear pendency in Juvenile Justice Boards in Sampurna Behrua Case

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SC direct States to clear pendency in Juvenile Justice Boards – Another HRLN achievement towards ensuring child rights.

Highlights of the Judgement in W.P. (Civil) 473/2005

  • “It is mandated that every State should have a Juvenile Justice Board in place in every District on or before 31st December, 2015.”
  • “It is made clear that there is no prohibition in law in having more than one Juvenile Justice Board in a District depending upon the number of pending inquiries and the distance involved in moving children from the Observation Home to the venue of the Juvenile Justice Board. Therefore, it is made clear that a District can have more than one Juvenile Justice Board.”
  • “As regards vacancies, we direct that all vacancies in the Juvenile Justice Boards should be filled up on or before 31st December, 2015 in accordance with Rule 92 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (for short “the Rules”) by a Selection Committee presided over by a retired Judge of the High Court.”
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Subramanian Swamy and Ors. Vs. Raju Thr. Member Juvenile Justice Board and Anr.

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A ghastly incident of gang rape took place in a moving bus in the streets of Delhi. In connection with the said incident six accused were arrested on 22.12.2012, one of whom, namely, the first respondent in the present special leave petition was a juvenile on the date of the occurrence of the crime. The victim of the offence died on 29.1.2013. While the Juvenile Justice Board (hereinafter for short “the Board”) was in session of the matter against the first respondent, the petitioners in the special leave petition approached the Board seeking implement in the proceedings before the Board and an interpretation of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter for short ‘the JJ Act’) so as to enable the prosecution of the first respondent in a regular criminal court.

The Hon. Supreme Court by dismissing the petition upheld the constitutional validity of the J.J.Act -2000 (2006) and stated that “ If the provisions of the Act clearly indicate the legislative intent in the light of the country’s international commitments and the same is in conformity with the constitutional requirements, it is not necessary for the Court to understand the legislation in any other manner. In fact, if the Act is plainly read and understood, which we must do, the resultant effect thereof is wholly consistent with  The Act, therefore, need not be read down, as suggested, to save it from the vice of unconstitutionality for article 14. are such unconstitutionality does not exist”

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Public Union for Civil Liberties Vs. State of Tamil Nadu and Ors.

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Writ Petition (Civil) No. 3922 of 1985 brings out facts on bonded labour are the harsh reality of the same is elaborated. Bonded labour is rampant in brick kilns, stone quarries, crushing mines, beedi manufacturing, carpet weaving, construction industries, agriculture, in rural and urban unorganized and informal sector, power looms and cotton handlooms, fish processing etc. The Vigilance Committees are directed to give more attention to these areas and take prompt action in case violation is noticed.

Large numbers of children are working as domestic help in the urban, town and rural areas with no chance to go to schools even though the education from standard I to VIII is compulsory under the Right of Children to Free and Compulsory Education Act, 2009. Local Panchayats and local bodies should identify such children and ensure that they get proper education.

Thus the following PIL was filed in 2012 in order to deal with the issue of bonded labour and child labour that follows the same. This PIL elaborated several facts of bonded labour and discrimination amongst children who are employed for the same.

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Pratap Singh vs State of Jharkhand and Anr

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Criminal Appeal No. 210 of 2005 (Arising out of Special Leave Petition (Cri.) No. 3749 of 2001) was filed and was decided in 2005

The appellant Pratap Singh had abducted and murdered by poisoning, in conspiracy with others, the deceased on 31-12-1998. He was arrested and produced before the CJM on 22-11-1999. In response to a petition that on the date of occurrence he was a juvenile in terms of the 1986 Act, the case was transferred to the Juvenile Court. On satisfaction about the age of juvenility on the basis of school certificate the ACJM released the appellant on bail. Aggrieved by the release the informant filed an appeal before the Additional Sessions Judge. The ASJ relied upon Arnit Das v. State of Biharand ordered a fresh enquiry on the issue of age. The appellant preferred a criminal revision before the High Court that again relied uponArnit Das2 and dismissed the revision. The issue was finally agitated before the Supreme Court, which in view of conflicting rulings in Umesh Chandra v. State of Rajasthan3and Arnit Das2 referred the matter to a Constitution Bench of five Judges.

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HRLN is a division of the Socio-Legal Information Centre (SLIC). SLIC is a non-profit legal aid and educational organization, registered under the Registration of Societies Act, 1860, Indian Public Trust Act, 1950 and the Foreign Contributions (Regulation) Act, 1976.