Court rules mere fatherhood does not fulfill statutory requirements under Section 75 of the Juvenile Justice Act
In a significant ruling, the Kerala High Court quashed criminal proceedings against Ummerkutty Nazar, who was charged under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The court found that the statutory requirements for such charges were not met, as the petitioner did not have actual charge or control over his child at the relevant time.
Justice Jobin Sebastian presided over the case, Crl.M.C. No. 4321 of 2020, where the petitioner was accused of abandoning his 16-year-old son and failing to provide for his basic needs. The court examined the allegations and found that they did not disclose the essential ingredients of the alleged offense. The prosecution's case was based on a private complaint filed by the petitioner's wife, who claimed that the petitioner had neglected their son.
The court emphasized that for an offense under Section 75 to be substantiated, the accused must have actual charge or control over the child and must have willfully neglected or abandoned the child. In this case, the child was residing with the petitioner's wife, and there was no indication that the petitioner had control over the child during the relevant period.
The ruling highlighted that mere non-payment of maintenance or the relationship of fatherhood does not satisfy the statutory requirements of Section 75. The court reiterated that criminal proceedings cannot be sustained when the basic ingredients of the alleged offense are not present.
This decision underscores the importance of examining the specific legal criteria required under the Juvenile Justice Act before pursuing criminal charges. The judgment is expected to have significant implications for similar cases, ensuring that statutory requirements are strictly adhered to.
Bottom Line :
Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 cannot be invoked against a parent solely based on their relationship with the child unless the statutory requirement of having actual charge of or control over the child and wilfully neglecting or abandoning the child is established.
Statutory provision(s): Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015
Ummerkutty Nazar v. State of Kerala, (Kerala) : Law Finder Doc id # 2969626
