Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
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Pune Porsche Accident: Juvenile Accused's Bail Cancelled, Sent to Observation Home

Pune Porsche Accident: Juvenile Accused's Bail Cancelled, Sent to Observation Home



In a significant development in the Pune Porsche accident case, the Juvenile Justice Board (JJB) has cancelled the bail of the 17-year-old boy accused of causing the deaths of a biker and a pillion rider. The accused has been remanded to a juvenile observation home for 14 days, until June 5, as confirmed by Pune Police Commissioner Amitesh Kumar.


The Incident


The tragic accident occurred on May 19, 2024, in Pune's Kalyani Nagar. The luxury car, driven by the juvenile, collided with a motorcycle, resulting in the deaths of two young IT professionals, Ashwini Koshta and Aneesh Awadhia, both from Madhya Pradesh. The initial investigation revealed that the accused had been served alcohol at a bar prior to the accident, raising questions about the accountability of the establishment.


Legal Proceedings


The Pune Police filed a review application with the JJB, requesting that the accused be tried as an adult and be remanded to a juvenile observation home. Commissioner Amitesh Kumar stated, "We had filed in a review application before the Juvenile Justice Board, praying that the accused be tried as an adult and that he be sent to a remand home." The board has yet to make a final decision on whether the accused will be tried as an adult.


Advocate Prashant Patil, representing the accused, opposed the application, arguing that it was not maintainable under Section 104 of the Juvenile Justice (Care and Protection of Children) Act, 2015. This section outlines the procedural aspects for appeals and reviews under the Act. Despite the opposition, the JJB directed that the minor be detained in a juvenile observation home.


Juvenile Justice (Care and Protection of Children) Act, 2015


The Juvenile Justice (Care and Protection of Children) Act, 2015, is a comprehensive legislation in India that provides for the care, protection, development, treatment, and rehabilitation of children in conflict with the law. Key provisions relevant to this case include:


- Section 104: Outlines the procedural aspects for appeals and reviews.

- Section 15: Allows for juveniles aged 16-18 involved in heinous crimes to be tried as adults, subject to a preliminary assessment by the JJB regarding the child's mental and physical capacity to commit the offense, the circumstances, and the child's ability to understand the consequences of the offense.

- Section 74: Prohibits the disclosure of the identity of children involved in legal proceedings.


Ongoing Investigations


In addition to the review application, the police are also investigating the bar where the accused was served alcohol. It was found that the establishment did not display a mandatory notice prohibiting the sale of alcohol to minors. The staff of the bar is currently under scrutiny, and their custody has been sought by the police.


Father's Custody and Legal Implications


The father of the juvenile accused has been detained and sent to police custody until May 24. Advocate Asim Saraode highlighted that the court rejected the father's plea for bail based on its legal grounds and placed him under judicial custody. This indicates the stringent measures taken by the authorities in response to the accident and the subsequent legal violations.


Privacy Concerns


The National Commission for Protection of Child Rights (NCPCR) has urged activists and media personnel to refrain from disclosing the identity of the minor involved, in compliance with Section 74 of the Juvenile Justice Act. NCPCR Chairperson Priyank Kanoongo emphasized that revealing the identity of juvenile offenders or victims is a punishable offense under the Act.


Conclusion


The cancellation of bail for the 17-year-old accused in the Pune Porsche accident case marks a critical step in the ongoing legal process. The Juvenile Justice Board's decision to remand the minor to an observation home underscores the seriousness of the charges and the need for a thorough judicial review. As the case progresses, the focus remains on ensuring justice for the victims while adhering to the legal protections afforded to juveniles under the Juvenile Justice Act.

Location: Pune, Maharashtra, India

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