Kerala High Court Issues Guidelines to Protect Rights of Children in Trial

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.

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