The Supreme Court in the case KSR Menon vs. Union Of India observed wherein the petition is moved under Article 32 of the Constitution of India which seeks guidelines for children with special needs on the attainment of the legal age of majority i.e., the 18 years under the Juvenile Justice (Care and Protection of Children) Act, 2015, JJ Act, 2015.
The Supreme Court bench comprising of Chief Justice of India, DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing the present matter.
The counsel appearing on behalf of the Petitioner contended before the court that there existed no specific provisions of ‘aftercare’ for children falling under the ambit of Section 2 (14)(iv) of the JJ Act, 2015.
It has been stated under section 2(14)(iv) of the JJ Act, 2015 defines that ‘Child in need of care and protection’ to include those children who are mentally ill, or mentally or physically challenged, or suffering from terminal or incurable disease and either have no one to support or have guardians unfit to take care and protect such a child.
The bench in the case observed and has issued the notice that the grievance which has been made in the Petition under Article 32 of the Constitution of India is that there are no provisions with regards to aftercare for children in need of care and protection falling within the definition under section 2(14)(iv) of the JJ Act, 2015 after they attain the age of 18 years extendable to 21 years.
The court while considering the facts and circumstances of the case observed and has granted that the liberty was given to service the Central Agencies in addition.
Accordingly, the court listed the matter for further consideration after 4 weeks.