Subramanian Swamy and Ors. Vs. Raju Thr. Member Juvenile Justice Board and Anr

A ghastly incident of gang rape took place in a moving bus in the streets of Delhi. In connection with the said incident six accused were arrested on 22.12.2012, one of whom, namely, the first respondent in the present special leave petition was a juvenile on the date of the occurrence of the crime. The victim of the offence died on 29.1.2013. While the Juvenile Justice Board (hereinafter for short "the Board") was in session of the matter against the first respondent, the petitioners in the special leave petition approached the Board seeking implement in the proceedings before the Board and an interpretation of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter for short 'the JJ Act ) so as to enable the prosecution of the first respondent in a regular criminal court. The Hon. Supreme Court by dismissing the petition upheld the constitutional validity of the J.J.Act -2000 (2006) and stated that " If the provisions of the Act clearly indicate the legislative intent in the light of the country s international commitments and the same is in conformity with the constitutional requirements, it is not necessary for the Court to understand the legislation in any other manner. In fact, if the Act is plainly read and understood, which we must do, the resultant effect thereof is wholly consistent with The Act, therefore, need not be read down, as suggested, to save it from the vice of unconstitutionality for article 14. are such unconstitutionality does not exist"