Source: Supreme Court

Why in News?

Recently, the Supreme Court comprising of Justices CT Ravikumar and Rajesh Bindal heard a review petition in the case of Gaurav Kumar @ Monu v. The State of Haryana dealing with Juvenile Justice (Care and Protection of Children) Rules, 2007.

What was the Background of Gaurav Kumar @ Monu v. The State of Haryana Case?

• Review petitions were filed to seek review of a judgment dated 15th February 2019.
• The judgment requested the High Court to reconsider the question of juvenility before proceeding with the pending appeal.
• The contention for review was based on a manifest error in the judgment, citing Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007.

What were the Court’s Observations?

• After hearing both the petitioner's and state's counsels, the court found that the applicable provisions for considering the question of juvenility were under the Juvenile Justice (Care and Protection of Children) Act, 2000 and Juvenile Justice (Care and Protection of Children) Rules, 2007.
• Despite the respondent's argument that the original judgment was rightly decided, the court acknowledged a manifest error and deemed it necessary to correct it.
• The court emphasized that the petitioner should not suffer due to the court's mistake, and therefore, the error needed correction within the judgment itself.
• Consequently, the court reviewed paragraph 17 of the original judgment and corrected the requirement for the High Court to consider the relevant rules under the Juvenile Justice (Care and Protection of Children) Rules, 2007.
• The review petitions were disposed of accordingly.

What is Rule 12 of JJ Rule, 2007?

The rules provide the procedure to be followed in determination of age of juvenile.

• Timeframe for Age Determination:
  • In every case concerning a child or a juvenile in conflict with law, the court or the Board or as the case may be the Committee referred to in rule 19 of these rules shall determine the age of such juvenile or child or a juvenile in conflict with law within a period of thirty days from the date of making of the application for that purpose.
• Initial Assessment of Juvenility:
  • The court or the Board or as the case may be the Committee shall decide the juvenility or otherwise of the juvenile or the child or as the case may be the juvenile in conflict with law, prima facie on the basis of physical appearance or documents, if available, and send him to the observation home or in jail.
• Age Determination Inquiry Process:
  • In every case concerning a child or juvenile in conflict with law, the age determination inquiry shall be conducted by the court or the Board or, as the case may be, the Committee by seeking evidence by obtaining –
  • Documentation
    • Matriculation or Equivalent Certificates, if available;
    • Date of Birth Certificate from the school (other than a play school) first attended, in absence of (i);
    • Birth Certificate from a corporation, municipal authority, or panchayat, in absence of (i) and (ii).
  • Medical Opinion
    • In the absence of (i), (ii), or (iii) of clause (a) above, seek a medical opinion from a duly constituted Medical Board.
    • If exact assessment of the age cannot be done, the Court or the Board or, as the case may be, the Committee, may, if considered necessary, give benefit to the child or juvenile by considering his/her age on lower side within the margin of one year.
  • Determination of Juvenility:
    • If the age of a juvenile or child or the juvenile in conflict with law is found to be below 18 years on the date of the offence, based on any of the conclusive proof specified in sub-rule (3), the court or the Board or as the case may be the Committee shall in writing pass an order stating the age and declaring the status of juvenility or otherwise, for the purpose of the Act and these rules and a copy of the order shall be given to such juvenile or the person concerned.
  • Conclusion of Inquiry:
    • Save and except where further inquiry or otherwise is required, no further inquiry shall be conducted by the court or the Board after examining and obtaining the certificate, or any other documentary proof referred to in sub-rule (3) of this rule.
  • Application of Rule Provisions:
    • The provisions contained in this rule shall also apply to those disposed-off cases, where the status of juvenility has not been determined in accordance with the provisions contained in sub-rule (3) and the Act, requiring dispensation of the sentence under the Act for passing appropriate order in the interest of the juvenile in conflict with law.