Latest news with #CareandProtectionofChildren)Act
Indian Express
a day ago
- Indian Express
37 years after raping a minor, Rajasthan man, now 53, is declared a juvenile
Thirty-seven years after he raped an 11-year-old girl in Rajasthan's Ajmer, a man was declared a juvenile by the Supreme Court, which upheld his conviction by lower courts but directed him to appear before the Juvenile Justice Board (JJB) instead. The man, now almost 53, was convicted and sentenced in February 1993 by the Additional Sessions Judge, Kishangarh, Ajmer, for rape and wrongful confinement. This was upheld by the Rajasthan High Court in July last year. However, his lawyers claimed before the SC bench, comprising Chief Justice B R Gavai and Justice Augustine George Masih, that he was a juvenile at the time of the incident in November 1988. They said that his date of birth is September 14, 1972, and therefore, on the date of the incident, his age would be 16 years 2 months and 3 days. Since he was a juvenile, the proceedings as held cannot sustain, especially the sentence, they said. They had also prayed that an inquiry be held to determine his age 'so that he may get the benefits of the Juvenile Justice (Care and Protection of Children) Act, 2000 and the Juvenile Justice (Care and Protection of Children) Rules, 2007.' In January this year, the SC directed the Ajmer District and Sessions Judge to conduct an inquiry into the claims of the petitioner, complete its findings in eight weeks and report to the SC. After the school admission and other documents confirmed his date of birth in September 1972, the SC ruled, 'The Appellant was therefore a juvenile on the date of commission of the crime.' With the issue of age not being raised in earlier courts, the SC said that 'authoritative judgments passed by this Court … (have) categorically held that the plea of juvenility can be raised before any court and has to be recognised at any stage, even after disposal of the case.' 'Consequently, the sentence as imposed by the Trial Court and upheld by the High Court will have to be set aside, as the same cannot sustain. We order accordingly,' the SC said, referring the case to the Board for passing appropriate orders and directed the man to appear before the Board on September 15, 2025.
Hindustan Times
a day ago
- Hindustan Times
Mohali: Seven child beggars rescued in Zirakpur
Toughening its stance to eradicate child begging from the state, the Child Welfare Committee (CWC) on Wednesday rescued seven children who were found begging at various locations in Zirakpur. The Mohali district administration has appealed to citizens to report any instances of child begging or exploitation so that timely action can be taken to ensure the safety and welfare of vulnerable children. (HT photo for representation) During the action, parents of some children resisted against CWC's action and refused to send their children with the committee. Later, police stepped in and rescued the children. All children have been shifted to a child care home for their protection and rehabilitation. Over the past two months, the committee has rescued 26 children from across the district. During a similar rescue operation conducted on July 17, 12 children were taken into protective custody. Of these, seven were handed over to their parents after verification, while the parents of the remaining five children were directed to submit proper identification and documentation within a week. A senior CWC official stated, 'We suspect the guardianship claims of two children and may need to conduct DNA testing. However, we are giving the families time to produce valid documents.' When asked about the DNA testing process, the official explained that the deputy commissioner (DC) must send a recommendation to the appropriate authorities before testing can proceed. DC Komal Mittal confirmed that the rescued children were produced before the CWC on Wednesday evening and subsequently sent to a child care home. 'We have summoned the parents for verification on Friday and asked them to submit proper documentation. Failing to do so may result in DNA testing,' she said. The CWC has announced that such rescue operations will continue in other subdivisions of the district in the coming days. 'Last month, three children engaged in begging were rescued in a similar operation. After verifying their identities and documents, the children were reunited with their families under strict warnings,' the committee said. District child protection officer Navpreet Kaur emphasised that involving children in begging is a punishable offence under the Juvenile Justice (Care and Protection of Children) Act, 2015, which ensures the care, protection, and rehabilitation of children in need. She warned that repeat violations would invite legal consequences, including imprisonment and fines. CWC chairman Kulwant Singh Guru pointed out that forcing minors to sell items on the streets also falls under the legal definition of begging. He urged the public to refrain from giving alms or buying goods from children, as these actions inadvertently encourage families to continue pushing minors into street-based exploitation. The district administration has appealed to citizens to report any instances of child begging or exploitation so that timely action can be taken to ensure the safety and welfare of vulnerable children.
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Business Standard
17-07-2025
- Politics
- Business Standard
No fundamental right of Indians to adopt US citizen child of relative: HC
An Indian does not have the fundamental right to adopt a child of American nationality even from among relatives when the child is neither "in need of care and protection" nor in "conflict with law", the Bombay High Court has said. A division bench of Justices Revati Mohite Dere and Neela Gokhale on Wednesday refused an Indian couple's plea to adopt their relative's son, who is a US citizen by birth. The child in the present case does not fall within the definition of either a 'child in need of care and protection' or a 'child in conflict with law' as per provisions of the Juvenile Justice (Care and Protection of Children) Act and Adoption Regulations, the HC said. "There is no provision in the Juvenile Justice Act nor the Adoption Regulations providing for adoption of a child of foreign citizenship even between relatives unless the 'child is in need of care and protection' or a 'child is in conflict with law'," it stated. The bench also refused to exercise its extraordinary jurisdiction to allow the adoption and said there is no "fundamental right" of the petitioners to adopt an American child. Neither is there any violation of any fundamental right of the child of American nationality to be adopted by an Indian citizen, it added. The couple will have to complete all necessary formalities of adopting the child from the US as per American laws and procedure, only after which they can go ahead with the post-adoption procedure in terms of bringing the foreign child adopted to India, the HC said. The couple sought to adopt their relatives' child, who is a citizen of the United States of America by birth. The Central Adoption Resource Agency (CARA) refused to register the couple as prospective adoptive parents as the Adoption Regulations do not facilitate adoption of an American citizen. As per CARA, provisions of the Juvenile Act only permit adoption when the child is in need of care and protection or is a child in conflict with law. The child was born in the US in 2019, but the petitioner couple brought him to India when he was a few months old. The boy has since then been living with them and they were desirous of adopting him. The CARA informed the HC that it cannot give clearance for the adoption without the child first being adopted in the US under laws applicable in that country. The bench dismissed the petition, saying it was not inclined to allow the adoption. (Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
Time of India
17-07-2025
- Politics
- Time of India
No fundamental right of Indians to adopt US citizen child of relative: Bombay HC
An Indian does not have the fundamental right to adopt a child of American nationality even from among relatives when the child is neither "in need of care and protection" nor in "conflict with law", the Bombay High Court has said. A division bench of Justices Revati Mohite Dere and Neela Gokhale on Wednesday refused an Indian couple's plea to adopt their relative's son, who is a US citizen by birth. Explore courses from Top Institutes in Select a Course Category Digital Marketing Data Analytics Others PGDM Healthcare MBA Design Thinking Product Management Operations Management Data Science Management Finance Leadership Technology Data Science Degree MCA Public Policy Artificial Intelligence Project Management healthcare CXO Skills you'll gain: Digital Marketing Strategies Customer Journey Mapping Paid Advertising Campaign Management Emerging Technologies in Digital Marketing Duration: 12 Weeks Indian School of Business Digital Marketing and Analytics Starts on May 14, 2024 Get Details The child in the present case does not fall within the definition of either a ' child in need of care and protection ' or a 'child in conflict with law' as per provisions of the Juvenile Justice (Care and Protection of Children) Act and Adoption Regulations , the HC said. "There is no provision in the Juvenile Justice Act nor the Adoption Regulations providing for adoption of a child of foreign citizenship even between relatives unless the 'child is in need of care and protection' or a 'child is in conflict with law'," it stated. The bench also refused to exercise its extraordinary jurisdiction to allow the adoption and said there is no "fundamental right" of the petitioners to adopt an American child. Live Events Neither is there any violation of any fundamental right of the child of American nationality to be adopted by an Indian citizen, it added. The couple will have to complete all necessary formalities of adopting the child from the US as per American laws and procedure, only after which they can go ahead with the post-adoption procedure in terms of bringing the foreign child adopted to India, the HC said. The couple sought to adopt their relatives' child, who is a citizen of the United States of America by birth. The Central Adoption Resource Agency (CARA) refused to register the couple as prospective adoptive parents as the Adoption Regulations do not facilitate adoption of an American citizen. As per CARA, provisions of the Juvenile Act only permit adoption when the child is in need of care and protection or is a child in conflict with law. The child was born in the US in 2019, but the petitioner couple brought him to India when he was a few months old. The boy has since then been living with them and they were desirous of adopting him. The CARA informed the HC that it cannot give clearance for the adoption without the child first being adopted in the US under laws applicable in that country. The bench dismissed the petition, saying it was not inclined to allow the adoption. Economic Times WhatsApp channel )
The Hindu
16-07-2025
- The Hindu
Minor held on charge of bank robbery bid
A 17-year-old boy accused in a bank robbery case in Cheruvathur was arrested by the Chandera police and later released to his father's custody, as per the Juvenile Justice (Care and Protection of Children) Act. The boy was nabbed in connection with a break-in at the ESAF Bank near Pakkanar theatre in the early hours of June 29. He allegedly broke the lock, entered the premises, and attempted to breach the strongroom but failed. He then targeted a nearby hotel and a petrol pump, stealing ₹7,000 and a mobile phone. The police said that the boy was already wanted in several theft cases under the limits of Hosdurg, Kannur Town, Chandera, Nileswaram, Ambalathara and Bekal stations. As per the Juvenile Justice Act, a minor committing an offence for the first time must be released to the custody of a guardian. In line with this provision, the boy was produced before the court and released to his father.
