Supreme Court: child psychologist aid not mandatory in JJ Act appeals

S.101(2) JJ Act | Not Mandatory For Court Hearing Appeal Against JJB Order To Take Child Psychologist Assistance : Supreme Court

The Supreme Court has held that the requirement to take the assistance of a child psychologist during the preliminary assessment of a child in conflict with law does not extend to appeals…

The Story in Brief

The Supreme Court has held that the requirement to take the assistance of a child psychologist during the preliminary assessment of a child in conflict with law does not extend to appeals under Section 101(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015. The court ruled that the proviso to Section 15(1), which mandates such expert help, is not binding on appellate benches hearing appeals against orders of juvenile justice boards (JJBs).

Supreme Court: child psychologist aid not mandatory in JJ Act appeals

The Indian Opinion

Activist narratives paint this ruling as a dilution of child rights, but the court’s logic is practical. The 2015 Act already mandates a preliminary assessment with a psychologist at the first stage. Applying the same rigid requirement to appellate benches would clog appeals and delay justice. The test now lies in whether juvenile justice boards and appellate courts actually use the discretion wisely, or whether they cut corners without expert aid. The real question: will the next batch of violated rights reach the Supreme Court again?


Source: livelaw.in

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