SC to hear tomorrow Swamy's plea to reinterpret term juvenile

The Supreme Court will hear tomorrow a petition filed by Janata Party president Subramanian Swamy seeking a fresh interpretation of the term juvenile saying instead of 18 years age limit, the "mental and intellectual maturity" of such offenders be considered while fixing their culpability.
The matter will be heard by a bench headed by Chief Justice P Sathasivam.
In his petition, Swamy has said the Juvenile Justice (Care and Protection of Children) Act (JJA) provides for a "straitjacket" interpretation of term juvenile that a person below the age of 18 years is a minor and it was in violation of the United Nations Convention for the Rights of the Child (UNCRC) and Beijing Rules on the issue.

The UNCRC and Beijing Rules say the presumption of "the age of criminal responsibility" be fixed while "bearing in mind the mental and intellectual maturity" of offender, he said.
A provision of the JJA says "'juvenile' or 'child' means a person who has not completed eighteenth year of age."
"I submit, that since it was the intention of Parliament, as stated in the Preamble, to enact JJA in consonance with the ratified UNCRC and Beijing Rules it is prayed that this Court after hearing the UOI if necessary, may read the words 'mental and intellectual maturity' into the wording of Section 2(k) on the age of innocence," he said.

Swamy, in his plea, also cited the alleged role of a juvenile in the December 16 gang rape of a 23-year old girl in a moving bus here who later died at a Singapore hospital.
The present interpretation of term juvenile has the effect of "nullifying" the fundamental right to life of the victim, he contended.