Supreme Court raps Modi govt for ignoring plight of children

News Network
February 12, 2018

The Supreme Court has slammed the Prime Minister Narendra Modi-led union government for the “tardy if not virtual non-implementation” of juvenile justice laws and turning a deaf ear to the plight of “voiceless if not silenced” children of the nation.

The apex court also passed a slew of directions for effective implementation of the Juvenile Justice Act and asked the centre and states to ensure that all positions in national and state commissions for the protection of child rights are filled up.

In a 62-page judgment, the Social Justice Bench of the apex court of Justices Madan B. Lokur and Deepak Gupta described the negligent attitude shown by the country’s power and authority circles to children, including pendency of cases of orphaned, abandoned and surrendered children , the “uncomfortable” conditions of life of children in observation and care homes, the increasing number of vacancies in juvenile justice institutions and the lack of initiative by legal services authorities despite the Juvenile Justice (Care and Protection of Children) Act, 2000 and its new and improved version passed in 2015.

“No one has any doubt that it is time for the State to strongly and proactively acknowledge that even children in our country have fundamental rights and human rights and they need to be enforced equally strongly,” Justice Lokur, who authored the judgment, observed.

The apex court quotes from South African leader Nelson Mandela’s speech in 1997 when he said “our children are our greatest treasure. They are our future. Those who abuse them tear at the fabric of our society and weaken our nation”.

Justice Lokur lashed out at the government, saying “our policy and decision makers need to heed this advice and warning (of Mandela) and appreciate that they are not doing any favour to the children of our country by caring for them — it is their constitutional obligation and the social justice laws enacted by Parliament need to be effectively and meaningfully enforced”.

The implementation of laws meant to protect the fundamental rights of our children has so far been met with “continuing callousness” because children have “no voice in the affairs of the State”.

In a slew of directions, the court directed the Ministry of Women and Child Development and all state governments to ensure that positions in the national and state commissions for protection of child rights, Juvenile Justice Boards and Child Welfare Committees) are filled up expeditiously.

The court requested chief justices of all high courts to register proceedings on their own for effective implementation of the 2015 Act.

"Finally, we request and urge the chief justice of each high court to seriously consider establishing child friendly courts and vulnerable witness courts in each district," the bench said.

It said inquiries under the JJ Act and trials under other statutes like the Protection of Children from Sexual Offences Act, Prohibition of Child Marriage Act, trials in sexual offences cases were required to be conducted with a "high degree of sensitivity, care and empathy for the victim" by establishing dedicated child-friendly and vulnerable witness courts.

The apex court’s judgment came on a PIL seeking implementation of the Juvenile Justice Act and its rules.

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News Network
May 30,2020

May 30: A Delhi court on Saturday granted interim bail for 10 days to former municipal councillor from the Congress Ishrat Jahan, who has been booked under the stringent Unlawful Activities (Prevention) Act, to get married.

She has been booked under the anti-terror law in a case related to communal violence in northeast Delhi in February.

Additional Sessions Judge Dharmender Rana granted the interim relief from June 10 to June 19 to Jahan on furnishing two sureties of Rs 1 lakh.

The court directed her not to tamper with any evidence or influence the witnesses in the case.

According to the interim bail plea, filed through advocates S K Sharma and Lalit Valeecha, Jahan's marriage was fixed in 2018 for June 12, 2020.

The plea further said that Jahan would not tamper with any evidence or influence the witnesses if granted bail.

The petition, also filed through advocates Tushar Anand and Manu Prabhakar, claimed that Jahan has been falsely implicated in the case.

It alleged that upon bare perusal of the contents of the FIR, no incident of violence can be attributed to her and the wild and baseless allegations made against her were not only irresponsible and false, but also caused serious harm to her reputation.

Jahan, who is also an advocate, was only a supporter of ongoing peaceful protests and it was one of the fundamental rights of the citizens to protest and register their dissent against any unreasonable measure of the government, the plea said.

Besides Jahan, Jamia Millia Islamia University students Asif Iqbal Tanha, Gulfisha Khatoon, Jamia Coordination Committee members Safoora Zargar, Meeran Haider, president of Jamia Alumni Association Shifa-Ur-Rehman, suspended AAP councillor Tahir Hussain, activist Khalid Safi, JNU student Natasha Narwal and former student leader Umar Khalid have also been booked under the anti-terror law in the case.

The police had claimed in the FIR that Khalid and his associates had instigated people to start riots in the area and it was a "premeditated conspiracy".

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control, leaving at least 53 people dead and around 200 injured.

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News Network
June 2,2020

New Delhi, Jun 2: Manu Sharma, a convict in the 1999 Jessica Lal murder case, was released from Tihar Jail yesterday on the grounds of good behaviour after serving more than 16 years in prison, jail officials said on Tuesday.

Sharma had received the approval of the Lieutenant Governor of Delhi for his release after a recommendation of the Sentence Review Board for the same.

Advocate Amit Sahni, while speaking to ANI, had said that Delhi Lieutenant Governor Anil Baijal had approved the name of Siddharth Vashishth also known as Manu Sharma for release from Tihar Jail.

He said that Sharma's name was approved in a sentence review board meeting held on May 11. Earlier, Delhi High Court had also asked the SRB to consider his name for release.

Sharma, the son of former Congress leader Venod Sharma, was convicted for shooting and murdering Jessica Lal, when she refused to serve him liquor at Tamarind Court restaurant at Qutub Colonnade in south Delhi's Mehrauli on April 29, 1999.

Vashishth, 45-years-old, was serving a life term in connection with a case registered under Section 302 (murder), 201 (causing disappearance of evidence of the offense or giving false information to screen offender) and 120B (criminal conspiracy) of the Indian Penal Code (IPC).

According to officials, the convict has undergone imprisonment for 16 years, 11 months and 24 days in actual, and 23 years 4 months and 22 days with remission. He has availed parole 12 times and furlough 24 times.

Earlier, Manu's wife -- Preity Sharma -- had approached the National Human Rights Commission (NHRC) claiming that her husband had been illegally detained for more than the prescribed period of incarceration (20 years with remission) as per the prevalent policy of the state.

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News Network
March 20,2020

New Delhi, Mar 20: Bodies of the four Nirbhaya convicts who were hanged on Friday morning at Tihar Jail have been sent to hospital for a post-mortem, following which it will be handed over to the families, according to an official.

After the hanging at 5:30 am today, the bodies were taken from Tihar Jail to Deen Dayal Upadhyay (DDU) Hospital for post mortem at around 8:20 am.

Tihar jail Director-General Sandeep Goel said that the bodies will be handed over to the families after the post mortem.

The families, however, will have to give a written undertaking that they will not make a public demonstration of the cremation or burial of the executed person.

The superintendent will also consult the District Magistrate and the Deputy Commissioner of Police for arrangements for the disposal of the body.

The post mortem comes in line with the Supreme Court's order in Shatrughan Chauhan's case in January 2014, which had mandated the same observing that there is a dearth of experienced hangman in the country.

"By making the performance of post mortem obligatory, the cause of the death of the convict can be found out, which will reveal whether the person died as a result of the dislocation of the cervical vertebrate or by strangulation which results on account of too long a drop," the apex court had said in its order.

"Our constitution permits the execution of death sentence only through the procedure established by law and this procedure must be just, fair and reasonable," the order added.

All four convicts in the 2012 Nirbhaya gang-rape and murder case -- Akshay Singh Thakur, Pawan Gupta, Vinay Sharma, and Mukesh Singh -- were hanged till death at 5:30 am this morning.

The case pertains to the brutal gang-rape and killing of a 23-year-old paramedical student in a moving bus on the night of December 16, 2012, by six people including a juvenile in the national capital. The woman had died at a Singapore hospital a few days later.

One of the adults accused had allegedly committed suicide in the prison during the trial, while the juvenile was released from a correction home after a period of three years.

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