Juvenile Justice act amendment, long pending

April 23, 2015 10:44
Juvenile Justice act amendment, long pending

The Union Cabinet has cleared a proposal to try juvenile in the age group of 16-18 under laws for adults for heinous crimes. Confirming the news, Union Minister of Law told media persons, "Juvenile Justice Act at has been approved by the Cabinet today." He also said, "Important feature is while recognising rights of a juvenile in the event he is between 16-18 years and the children's court comes to a conclusion that because of circumstances of his crime and his psychology he has committed a heinous crime, it is important that he (juvenile) be treated like an adult". Several ministers in the Cabinet supported the proposal saying a person accused of crimes like rape should be treated as an adult, a senior minister said after the meeting.

"The new proposed Act (the amendment bill) provides that in case a heinous crime has been committed by a person in the age group of 16-18 years it will be examined by the Juvenile Justice Board to assess if the crime was committed as a 'child' or as an 'adult'. Since this assessment will be made by the Board which will have psychologists and social experts, it will ensure that the rights of the juvenile are duly protected if he has committed the crime as a child. The trial of the case will accordingly take place as a juvenile or as an adult on the basis of this assessment," an official statement said.

On April 06, 2015, the Supreme Court had said that there was a need to re-examine various laws dealing with juveniles involved in heinous crimes like murder and rape and had asked the government to see to it. The apex court had asked Attorney General Mukul Rohatgi to consult competent authorities and suggest to it whether the relevant laws can be "re-looked, re-scrutinized and re- visited" for sending a message to the society that life of the victim is equally important under the rule of law. Increasing cases of crimes committed by children aged 16-18 years in recent years makes it evident that the current provisions and system under the Juvenile Justice Act of 2000 "are ill equipped to tackle child offenders in this age group".

Parents of braveheart Nirbhaya have welcomed the Union Cabinet's nod to a proposal to change the Juvenile Justice Act to try juveniles in the age group of 16-18 under laws for adults for heinous crimes. “A juvenile should be tried as per the crime he commits,” said Nirbhaya’s father. “Good decision, hope that it will soon be implemented,” added her mother.

By Premji

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