@ShashwatShiwam1 @advocate_alakh @anubha1812 @advAkashSinha @DrAMSinghvi JEE&NEET Submitted for kind consideration A child, as per Indian Majority Act and also as per Conventions on the Rights of the Child as adopted by the General Assembly of the United Nations on 20.11.1989
declares a child to be every human being below the age of 18 years. Further Indian Constitution does not specify any special Fundamental Rights of Children except those under Article 15(3) and 24 besides Articles 39(e)&(f) in Chapter 4 of DPSP.
The Notification of NEET examination reveals that the children of 17 years age can appear in the examination. Same is the case with JEE as there is no lower limit for age. Lakhs of applicants appearing in these examinations are actually children. They are minor.
The present case pending in the Supreme Court is not only a case about conduct of examination in life threatening situation but ,IN FACT, it is a case of FUNDAMENTAL and INTERNATIONAL RIHGTS OF CHILD and VIOLATION of those RIGHTS by AUTHORITIES who are duty bound to protect them.
Article 6 of the aforementioned Convention recognizes the right to life of Every Child and casts a responsibility on STATE PARTIES to ensure to the Maximum extent possible the survival and development of child. Further the States shall ensure the child such protection and care ..
as is necessary for his well being. Article 3(1) casts a very important duty and function on the Government and also ON THE COURTS. It records that in all ACTIONS concerning children ( in our discussion it is conduct of JEE&NEET examination), by public or private social
welfare institutions, COURTS OF LAW(Supreme Court in our case), Administrative Authorities (NTA in our case) or legislative bodies(even Parliament) , the BEST INTEREST of the CHILD shall be the PRIMARY CONSIDERATION
This provision of the Convention actually prohibits the Central Government, the State Governments, their Authorities like NTA and all Courts including the Supreme Court to order any action which is not in the best interest of the child. All these Authorities.....
are duty bound to ensure absolute protection and care to the child as is necessary for his well being. I am of the considered opinion that the Supreme Court can not direct the minor children( who can not take care of their person and property as per law) to enter the
theatre of Pandemic and put their life, health, well being and future on the guillotine of Covid19.
And if Supreme Court even remotely thinks of doing so it would be a repetition of the infamous case of ADM Jabalpur case where the Supreme Court refused to upheld the Fundamental Right to Life of citizens and which remains a black spot on the history of Supreme Court till date
