Right to Juveniles

                                                                                     TSA FOUGHT FOR DOMESTIC VIOLENCE VICTIM’S RIGHT TO Juveniles

In this case around five people were arrested based on the allegations of gang rape. The alleged incident took place on 11.06.2021 and since no documentary proof of date of birth of two boys was available, ossification test of both was conducted by the Medical Board of Sanjay Gandhi Memorial Hospital, GNCTD, Mangol Puri Delhi on 06.07.2021. As per ossification test report of applicant, bone age of both the boys was between 18 to 20 years.
TSA team filed an application u/s 9 (2) along with Section 94

Juvenile Justice Act, 2015 for declaring the boys as juveniles and transferring the case to the Juvenile justice board.
It was argued by the TSA team that the boys were CCL on the date of incident. The alleged incident took place on 11.06.2021 and bone ossification test was conducted one month after

the incident and even after one month the age of the boys fell between 18-20 years range. Hence the boys were juveniles at the time of incident and hence we requested Hon’ble court

that the boys be declared as CCL and case file be transferred to concerned JJB and Jail Superintendent be also directed to transfer the boys to observation home.

After few days the complainant’s husband and in-laws of complainant vacated the shared household, took all the furniture and other household articles along with them and left the complainant and her child helpless alone in the household. The landlord of the said premises also threatened to throw the complainant out of the said property. The complainant did not have any source of income and her husband and in-laws left her alone in the household having rent of Rs. 50,000/- per month.

 

TSA team filed yet another application regarding breach of order and securing the right of residence of the victim wherein the court observed that the complainant’s in-laws have, by vacating the said premises, disrupted the existing status and have rendered the interim residence order granted by this court unfruitful. Hence the Hon’ble court while deciding the application directed the mother-in-law of the complainant to make regular payments of rent to the landlord of the tenanted premises and clear the arrears of the rent within 15 days from today and as a result TSA secured the right to live in shared household/matrimonial home of the complainant.