The proposal to try juveniles in the age of 16 to 18 years as adults was accepted on Thursday. Juveniles accused for heinous crimes under laws for adults will be tried as adults. The government has overruled the recommendations of a parliamentary panel and went ahead with this decision.
“The Cabinet has approved amendments to the Juvenile Justice (Care and Protection of Children) Act, whereby juveniles in the age group of 16-18 can be tried under Indian Penal Code (IPC) if they are accused of heinous crimes,” said IT and Communication Minster Ravi Shankar Prasad.
A decision was taken that an informal group of ministers will examine the issue. Before that, this topic was produced before the Cabinet and was dropped from the agenda at the eleventh hour.
The Women and Child Development Ministry has declined the recommendations of the Parliamentary Standing Committee and has proceeded with the proposal.
The Supreme Court has recently observed that there was a need to look at the provisions of the Juvenile Justice Act again. Cases of rape, murder, dacoity and acid attacks were the cases that were paid most attention.
A person accused of crimes like rape should be treated as an adult, a senior minister said post Cabinet.
“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.
The major amendments include the removal of Clause 7 that states ‘ trial of a person above the age of 21 years as an adult for committing any serious or heinous offence when the person was between the ages of 16-18 years; enhancing the period of preliminary inquiry by the Juvenile Justice Board in case of heinous offences committed by children in the age group of 16-18 years; increasing the reconsideration period for surrender of children by parents or guardians; enhancing the period for inter-country adoption in case the child is not given for domestic adoption; assigning the role of designated authority to monitor the implementation of the Bill to the National Commission for Protection of Child Rights and making the central and state governments responsible for spreading awareness on the provisions of the bill’.
The newly amended bill will be preduced before the parliament again in the ongoing budget session, officials say.
Tags: Juveniles