DR. SUBRAMANIAN SWAMY Vs. RAJU

JUDGEMENT

(1.) The issue "whether a juvenile in conflict with law, who is found to have committed an offence and sent to Special Home by Juvenile Justice Board, can be released on expiry of the period of stay ordered without ascertaining the factum of reformation that is necessary for his social reintergration" is sought to be espoused in this petition filed as Public Interest Litigation.

(2.) Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act') provides for orders that may be passed by the Juvenile Justice Board regarding a juvenile who has committed an offence. The most stringent of the orders that can be passed under Section 15 is directing the juvenile to be sent to a Special Home for a maximum period of three years.

(3.) Contending that the scheme of the Act is silent about the mechanism to ascertain the reformation of the juveniles sent to the Special Home, particularly, the juveniles who had committed heinous crimes like rape, before releasing them from the Special Home and apprehending that release of such juveniles at the end of the stay in the Special Home would be a menace to the society, the present petition is filed seeking a writ, order or direction: