FACTS :

The outrage that was seen in the streets of New Delhi through the various groups of

NGOs protesting against the heinous gang-rape and murder of a Para-medico girl,

now known as the 'Nirbhaya Case' was unanimously claiming that the benefit of

Juvenile Justice Act, be not extended to the persons of age above sixteen years who

are involved in such heinous crimes of rapes and murder. The Justice J.S.Verma

committee that suggested measures to amend the IPC, (Indian Penal Code) to curb

the menace of crime against women, formed a view that the age of Juveniles neither

can be brought down nor can the persons between age-group of sixteen to eighteen

be even exceptionally be treated and tried as adults, before Courts of Sessions. The

IPC was hence amended, but without reducing age and increasing punishment for

such offenders between age-group of 16 to 18, in the cases of rape and/or murder.

Being aggrieved by the above, an NGO by name 'Stree Suraksha' filed a writ petition

before the Supreme Court of India seeking an order to the Government of India by

an appropriate writ, ordering it to review its amendment to IPC in the above light

and reconsider adding an exceptional provision both in Juvenile Justice Act and the

IPC, by which the Juveniles under the present Act, of age-group between 16 to 18, be

treated as adults, as an exception, if they are involved in heinous crimes of rapes

and/or murder. The matter was admitted by the Supreme Court of India and

Notices/writs were issued to the Union of India, all State Governments and Public

Notice of it was published in all leading National and Regional Newspapers as well

as through electronic Media. Responding to the above Public Notice, an NGO by

name 'Bachpan Ke Adhikar' intervened in the said writ petition as an Objector and

claimed that the Union Government of India and the State Governments have
miserably failed to provide a congenial social condition for the adolescent youth in

particular and all the student class in general. The lack of adequate support by theses

Governments for educational, sports and cultural development of the youth, it is

alleged, deviate the raw minds of some of such adolescents, who fall in the trap in

committing such crimes. It is contended that these Juveniles be treated as victims of

Government inaction rather than treating them as regular criminals. Draft

appropriate memorials, representing all the three parties and the competitors are to

treat Writ petitioner as one side and all Opponents as the other side.