Topic
Child rights in Indian law encompass protections under the Juvenile Justice Act, Constitution, and other statutes to safeguard minors from exploitation, abuse, and neglect.
Orissa HC rules that denial of bail to a child in conflict with law under Section 12 of the JJ Act, 2015 requires specific grounds, not just the gravity of the offence. The court emphasized that detention is an exception, not the rule, and vague safety concerns are insufficient.
Allahabad HC directs Juvenile Justice Boards to conclude pending juvenile trials within one year under BNSS Section 529, prioritizing expeditious justice for children in conflict with law. The ruling addresses systemic delays in juvenile cases, emphasizing compliance with statutory timelines to protect child rights.
Bombay High Court affirms that courts can order issuance of a new birth certificate in the adoptive parents' name for an abandoned minor, reinforcing the legal identity rights of adopted children under the Juvenile Justice Act. The ruling clarifies judicial authority to modify identity documents post-adoption, ensuring seamless integration of the child into the adoptive family.
The Madhya Pradesh High Court disposed of a habeas corpus petition after the minor expressed willingness to return to her parents but directed a six-month mentoring program under 'Shourya Didi' to address potential emotional trauma. This ruling reinforces the state's duty to provide post-recovery support beyond mere physical freedom, setting a precedent for affirmative care in child protection cases.
The Punjab & Haryana High Court ruled that coercing a minor into marriage qualifies as 'exploitation' under Section 2(14)(vii) of the Juvenile Justice Act, 2015, mandating immediate production before the Child Welfare Committee. The judgment underscores the state's duty to intervene even in the absence of a formal complaint, prioritizing the minor's best interests over familial objections.
The Punjab & Haryana High Court ruled that strict liability under the Electricity Act, 2003 overrides humanitarian compensation policies, awarding Rs.99.94 lakh to a six-year-old electrocution victim. The judgment includes compensation for future prospects, attendant care, and loss of marriage prospects, setting a precedent for full reparation in public utility liability cases involving children.
Rajasthan High Court disposed of a habeas corpus petition after confirming the illegal detention of a minor girl in Delhi, directing police authorities to immediately hand her over to her parents. The ruling underscores the state’s duty to protect minors’ fundamental rights under Article 21 and ensures accountability for unlawful custody.
Punjab and Haryana High Court holds that bail must be granted to juveniles under Section 12 of JJ Act unless objective evidence shows risk of association with criminals or defeat of justice.
Bombay High Court mandates strict compliance with school transport committee meetings and bus safety protocols, holding schools and municipal bodies accountable for student safety.