Kerala High Court Issues Guidelines to Protect Rights of Children in Trial
Important directions issued by the Kerala High Court to safeguard juvenility from being tried as an adult and hence reaffirmed protection given under the Act Juvenile Justice (Care and Protection of Children) Act, 2015: It is reflected in judgments about the judiciary's concern with safeguarding the rights of minors and correcting errors of procedure in the process.The Juvenile Justice Act is, in fact, a special mechanism of justice with rehabilitation and integration of children into society at its core. At times, due to procedural errors, juveniles are dealt with in the same way as adults. Observations from the Courts The Kerala High Court observed in the said case that this cannot be done unless procedures followed by the Juvenile Justice Act are adhered to while determining the age of the accused.The bench observed that an incorrect identification of a juvenile as an adult deprives the juvenile justice system of the very purpose, which it seeks to fulfill, to rehabilitate since the child is then treated with punitive measures rather than corrective measures. It laid down the principle that administration of justice should be in furtherance to the welfare and development of minors. Guidelines Engrafted High Court prescribed guidelines for this purpose to avoid mistakes. Mandatory Age Verification: If the juvenile accused is a minor, then all age verification must be done at the earliest level with birth certificates, school records, or medical checks if required. Juvenile Justice Boards (JJB): All age disputes arise must be settled by JJB and their decision must be final unless appealed. Training to Authorities: Law enforcement officers and judicial officers must be educated on how to detect children and also procedures that are adopted in the Juvenile Justice Act. Periodical Review Cases of juveniles must be reviewed periodical to check the procedure adopted, which protects the rights of the juvenile as well. End The guidelines by the court would be a proactive measure in preventing undue hardships to minors from the criminal justice system. This judgment, therefore, reinforces the child protection and rehabilitation principles at the core of the Juvenile Justice Act. Conclusion The judgment of the Kerala High Court is a vital intervention in ensuring that the judiciary treats juveniles fairly. Strict compliance with age determination procedures is mandated, and this along with the welfare of the minors is what made the court reaffirm the role of the judiciary as guardians of vulnerable sections of society.
Jharkhand High Court Halts 75% Reservation Law for Local in Private Sector Jobs
Jharkhand High Court stayed the law passed by the state government to implement 75% reservation in jobs under the private sector. It has evoked widespread reaction since it was termed a landmark decision on the aspect of unemployment at the regional level. The constitutional validity is a pertinent issue in the bill as well.Background of the Law This was the Jharkhand State Employment of Local Candidates Act, 2021 that helped to ensure that there would be employment in the state by private sector jobs of any state for remunerations up to ₹40,000 a month. The law has compelled its private employers within the state to employ at least 75% of the local people within their workforce. It had intended to reduce the swelling unemployment crisis of the youth of Jharkhand by reserving jobs in industries, factories, and businesses for the domiciled population of the state. The employers were required to register their workforce details on a government portal and ensure compliance with reservations. Petitions filed against the law Several business associations and private companies challenged the law, arguing that it infringed on their fundamental right to conduct business freely under Article 19(1)(g) of the Indian Constitution. The petitioners also argued that such mandatory reservation would deter skilled labor availability and investment in the state, thereby affecting its economic growth. They also stated that discriminatory practices would arise with this law since it emphasized domicile status and not merit or skill, thereby violating Article 14 of the Constitution, which is equality before the law. Court Observations The Jharkhand High Court, while granting stay to the law, said prima facie it throws up serious constitutional concerns. The court noted that it could have a significant ramification on the rights at the foundation and ease of doing business in the state. The Jharkhand High Court's stay of the law of 75% reservation underlines the role that judicial scrutiny has in seeing that state policies align themselves with constitutional mandates. Such a case is a reminder that although unemployment issues are very crucial to be addressed, policy measures must balance socio-economic objectives with fundamental rights and business interests.
Court rejects heir's claim over Red Fort possession
Recently, the Delhi High Court dismissed the petition that was filed by one Sultana Begum. Her claim is as one Bahadur Shah Zafar's descendant; in all probability, the last Mughal Emperor of India. She claimed she owns the Red Fort which symbolizes a huge heritage symbol and is under the care and jurisdiction of the Government of India. This, obviously represents the legal complication at one level with regard to any such historical claims.Background of the Case Sultana Begum, the wife of the late Mirza Mohammad Bedar Bakht, a pretender to the house of Bahadur Shah Zafar, appeared before the court. She claimed that this property was originally Mughal property fraudulently acquired by the British East India Company after capturing Delhi in the 1857 Revolt. The petition claimed that after India gained independence in 1947, the rightful ownership of the fort should have reverted to the descendants of the Mughals. The petitioner had contended that the seizure of the fort by the British and its subsequent management by the Indian government was a violation of her ancestral rights. She sought directions for the fort to be handed back to her as a legal heir. Court's Observations However, Delhi High Court dismissed the plea because of a series of legal and procedural hurdles. The court went further and commented that claims of historical lineage and ancestral rights cannot be automatically translated into actionable legal rights, especially where the property has remained a public asset for over a century. The court added that the petition was not only bereft of substantive evidence to prove that Sultana Begum was a direct descendant of Bahadur Shah Zafar but also did not establish her locus standi in the case. The bench also stated that the Red Fort is a national monument and its administration is being taken care of by the government. Legal Implications This is because claims to public property must be supported by enforceable rights and credible evidence. The court emphasized the fact that public interest for preserving national monuments is supreme over private claims based on historical grievances. Conclusion This case reminds the fact that although ancient fables are still significant, in the present time it is modern laws and constitutional provisions that govern the legality of ownership of such national treasures as the Red Fort. It has been dismissed from her plea that the court was unbiased in its steps to protect the heritage of the nation with the legal provision.
High Court Appalled Over 153 Detenues Still Behind Bar Despite Bail
The State of Tamil Nadu informed Madras High Court that there were still 153 detenues behind bars despite grant of bail. This disturbing matter shows how systemic failure is preventing timely release of detainees who are entitled to freedom as per law.The facts emerged in the course of a hearing when the High Court was inquiring into the state of affairs regarding prisoners in the jails of Tamil Nadu. The State submission disclosed that bureaucratic delay, lack of communication, and procedural inefficiency were major causes for which these people were still detained. The Court expressed serious concern over this infringement on basic rights. Article 21 of the Indian Constitution stipulates the right to life and personal liberty. It also undermines the public's trust in the criminal justice system. The delay in communication of bail orders to prison authorities is considered one of the significant reasons for this situation. Many a time, there is delay in transmitting bail orders, so prisoners remain ignorant of the bail granted or the prison authorities fail to take timely action. Additionally, logistical problems like delays in the provision of bail bonds or failure to find sureties compound the problem. The Court noted that failures of such nature burden, not only the prisoners but, also, place undue burdens on the prisons. Detention beyond what is required to be kept by law strains cramped jails and diverts scarcest resources that otherwise might have been used for purposes other than judicial or administrative. The Madras High Court directed the State to take measures for the time-bound execution of bail orders. Suggestions made include digital platforms that would ensure real-time communication between courts and prison authorities, legal aid to remand prisoners so that they can complete the formalities to get out on bail. This case brings out the paramount need for systemic reforms in India's criminal justice system to ensure that procedural delays do not affect the rights of individuals. It also underlines the importance of holding administrative and judicial systems accountable for the fact that bail orders have to be executed without delay.
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In the digital era today, having access to legal expertise online has become the choice of every being. There is an option to hire legal advisors, advocates or lawyers online for legal consultation in Delhi or NCR, be it individuals or businesses, anyone can easily get legal suggestions for their complex legal matters from the comfort of their homes or workplace. Online legal consultation in India has opened up various opportunities for the clients like getting advice whenever required, problem-solving with efficiency, and cost-effective or pocket friendly solutions accustomed as per your specific needs. Whether seeking help for drafting a deed or contracts, having to resolve disputes, or get rid of compliance issues, online legal consultation services offer a practical and reliable solution which maintains privacy of the client while addressing their legal concerns.
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