Juvenile boards will take final call
The Juvenile Justice Act will be changed to allow for trial of juveniles aged 16-18, accused of heinous crimes, as adults under the Indian Penal Code, with the Modi government bowing to the clamour for a tough deterrent against young criminals who go unpunished because of the lenient provisions under the law.As per the changes cleared by the Union Cabinet on Wednesday , Juvenile Justice Boards will decide whether a juvenile accused of a heinous crime ought to be treated as a child or an adult. The proposed Juvenile Justice (Care and Protection of Children) Bill also provides for classification of crimes as “petty“, “serious“ and “heinous“, and differentiated processes for each category . Under existing law, only those aged 18 and above are tried under IPC.
The decision heeds the demand for tougher punishment to hardened “juvenile criminals“, which spiked after the Nirbhaya gang rape in December 2012. One of the accused in the crime which shook the nation is a juvenile who was said to be the most brutal of the gang.
The proposed changes come in the teeth of opposition from child rights activists and members of the parliamentary standing committee who argued that even horrific crimes don't subvert the reason for laying down a milder legal regime for minors. The Juvenile Justice Act provides for leniency for juvenile criminals on the ground that they are of impressionable mind and, hence, incapable of either thinking through their actions or fully recognizing the consequences of their alleged crimes.
While the opponents have been overruled, their concern has been factored in by providing for a two-stage process to determine whether a juvenile accused of a crime classified as “heinous“ deserved to be treated as an “adult“ and, therefore, was unworthy of protection provided for under the Juvenile Justice Act.
Under the proposed law, Juvenile Justice Boards will take the final call on the sensitive matter. An official press release emphasized, “Since this assessment will take place by the JJB, which will have psychologists and social experts, it will ensure that the rights of the juvenile are duly protected. The trial will take place as a juvenile or as an adult on the basis of this assessment.“
It further said, “This brings about a balance that is sensitive to the rights of the child, protective of his legitimate interests and yet conscious of the need to deter crimes, especially brutal crimes against women.“
Although the decision is expected to go down well with people outraged by the growing involvement of “juveniles“ in serious crimes as well as that they could get away lightly , it was not an easy one to take in view of the passionate advocacy of child rights activists and UN laws which put the young on a different footing in matters of crime and punishment.
Earlier this month, PM Narendra Modi referred the issue to a group of ministers for a final round of deliberations in the light of warnings that changes in the JJ Act would mean a raw deal for juveniles who are not mature enough to comprehend the results of their alleged crimes.
“The Cabinet has approved amendments to the Juvenile Justice Act so that those in 1618 age bracket can be tried under IPC if they are accused of heinous crimes,“ telecom minister Ravishankar Prasad told reporters after a meeting of the Union Cabinet.
The bill was introduced in the monsoon session last year and was referred to the standing committee.
The parliamentary panel, in its report in February , rejected the government's proposals to try juveniles between 16-18 years of age as adults on grounds that it is discriminatory , in contravention of the UN Rights of Child and in violation of Article 14 that ensures all are equal in the eyes of law.
For the full report, log on to http:www.timesofindia.com
The decision heeds the demand for tougher punishment to hardened “juvenile criminals“, which spiked after the Nirbhaya gang rape in December 2012. One of the accused in the crime which shook the nation is a juvenile who was said to be the most brutal of the gang.
The proposed changes come in the teeth of opposition from child rights activists and members of the parliamentary standing committee who argued that even horrific crimes don't subvert the reason for laying down a milder legal regime for minors. The Juvenile Justice Act provides for leniency for juvenile criminals on the ground that they are of impressionable mind and, hence, incapable of either thinking through their actions or fully recognizing the consequences of their alleged crimes.
While the opponents have been overruled, their concern has been factored in by providing for a two-stage process to determine whether a juvenile accused of a crime classified as “heinous“ deserved to be treated as an “adult“ and, therefore, was unworthy of protection provided for under the Juvenile Justice Act.
Under the proposed law, Juvenile Justice Boards will take the final call on the sensitive matter. An official press release emphasized, “Since this assessment will take place by the JJB, which will have psychologists and social experts, it will ensure that the rights of the juvenile are duly protected. The trial will take place as a juvenile or as an adult on the basis of this assessment.“
It further said, “This brings about a balance that is sensitive to the rights of the child, protective of his legitimate interests and yet conscious of the need to deter crimes, especially brutal crimes against women.“
Although the decision is expected to go down well with people outraged by the growing involvement of “juveniles“ in serious crimes as well as that they could get away lightly , it was not an easy one to take in view of the passionate advocacy of child rights activists and UN laws which put the young on a different footing in matters of crime and punishment.
Earlier this month, PM Narendra Modi referred the issue to a group of ministers for a final round of deliberations in the light of warnings that changes in the JJ Act would mean a raw deal for juveniles who are not mature enough to comprehend the results of their alleged crimes.
“The Cabinet has approved amendments to the Juvenile Justice Act so that those in 1618 age bracket can be tried under IPC if they are accused of heinous crimes,“ telecom minister Ravishankar Prasad told reporters after a meeting of the Union Cabinet.
The bill was introduced in the monsoon session last year and was referred to the standing committee.
The parliamentary panel, in its report in February , rejected the government's proposals to try juveniles between 16-18 years of age as adults on grounds that it is discriminatory , in contravention of the UN Rights of Child and in violation of Article 14 that ensures all are equal in the eyes of law.
For the full report, log on to http:www.timesofindia.com
