Delhi HC issues notice challenging constitutional validity of Juvenile Justice Act's clauses on DCPCR's plea
Jan 13, 2023
New Delhi [India], January 13 : The Delhi High Court on Friday issued notice to the Central and the Delhi Government on the plea of the Delhi Commission for Protection of Child Rights (DCPCR) challenging the constitutional validity of clauses related to social background report and social investigation report of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.
The division bench of justices Mukta Gupta and Poonam A Bamba issued notice to the Ministry of Women and Child Development, the Ministry of Law and Justice and the Delhi government.
The bench has directed them to file their affidavits within four weeks and listed the matter for further hearing on March 28, 2023.
The DCPCR has said that these clauses are violative of Articles 14, 20 and 21 of the Constitution of India as they authorise extracting a confession from the child. It amounts to testimonial compulsion as they compel a child to be a witness against himself and criminate himself.
The petition moved through Advocate RHA Sikander has challenged the constitutional validity of Clauses 21 and 24 of Form 1 (Social Background Report) and Clauses 42 and 43 of Form 6 (Social Investigation Report for Children in Conflict with Law) of the Juvenile Justice (Care and
Protection of Children) Model Rules, 2016.
It is stated in the petition: "As per Clauses 21 and 24 of Form 1 (Social Background Report), the Child Welfare Police Officer is required to note the reason for alleged offence and the alleged
role of the child in the offence."
According to Clauses 42 and 43 of Form 6 (Social Investigation Report for Children in Conflict with Law), the Probation Officer/Child Welfare Officer/ Social Worker is required to note the alleged role of the child in the offence and the reason for the alleged offence, respectively.
The petition submitted that these Clauses of Forms 1 and 6 of the JJ Model Rules, 2016 thus, authorise extracting a confession from the child in violation of Article 20(3) of the
Constitution of India.
The child rights body has made the central government, ministry of law and justice and Delhi Government as parties to the petition.
It is submitted that these Clauses cannot remain in the form on the grounds stated in the present Writ Petition.
These are liable to be struck down and declared unconstitutional on the grounds including that the forms are antithetical to the Right Against Self-incrimination guaranteed under Article 20(3) of the Constitution of India and amount to testimonial compulsion as they compel a child to be a witness against himself and criminate himself, the petition submitted.
The petition has prayed for the direction to declare these forms as unconstitutional and void
being ultra vires the Articles 14, 20 and 21 of the Constitution of India.
