Introduction:

The Punjab and Haryana High Court responds to a PIL filed by Akshay Chopra, a fourth-year law student from NLU Delhi, seeking urgent directions for the timely determination of the age of accused individuals in accordance with the Juvenile Justice Act, 2015 (JJ Act). The court, comprising Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji, issues notices to the states of Haryana, Punjab, and UT Chandigarh, recognizing the gravity of the matter concerning the treatment of juveniles in conflict with the law.

Arguments:

Chopra contends that the police, prison authorities, and courts in Punjab, Haryana, and UT Chandigarh must adhere to the JJ Act in determining the age of accused individuals promptly. The petitioner raises concerns about the lack of effort by investigating agencies to collect documentary evidence, such as matriculation certificates or birth certificates, resulting in arbitrary age determinations. Chopra highlights cases where juveniles spend years in jail before being correctly identified, emphasizing the urgent need for procedural improvements.

Court’s Judgement:

The Punjab and Haryana High Court, acknowledging the public importance of the issue, issues notices to the concerned states and authorities, including the Legal Services Authority. The court recognizes the petitioner’s plea for strict adherence to the Delhi High Court’s principles in Court on its own motion vs. Department of Women and Child Development, emphasizing the preparation of an Age Memo and its timely delivery to the alleged offender and their parents or guardians. The matter is deferred to April 2 for further consideration, indicating the court’s commitment to addressing systemic issues surrounding juvenile age determination.