Cabinet nod for amendment to Juvenile justice Act

Cabinet clears proposal to try minors above 16 years of age under IPC, discretion to lie with juvenile board in heinous crime cases

GN Bureau | August 7, 2014


Protests after Delhi gang rape in December 2012
Protests after Delhi gang rape in December 2012

Notwithstanding opposition from child rights activists, the union cabinet on Wednesday approved an amendment bill that proposes Juvenile Justice Board can decide if a minor above 16 years of age should be tried in a regular court or sent to correction homes.

Such discretion, the proposal states, is allowed to the board in cases involving heinous crimes such as rape and murder. (Also read: Juvenile laws in India: need for uniformity)

Changes in the juvenile justice (care and protection of children) Act, 2000, were discussed by the cabinet after all the central ministries gave their nod for the amendment, media reports suggest.

The amendments, however, do not allow life imprisonment or capital punishment for the minor accused, irrespective of his trial under the juvenile Act or under the Indian penal code (IPC).

So far, irrespective of the gravity of the crime, accused up to the age of 18 are sent to correction homes and the maximum punishment provided for in the Act is three years confinement.

Proposals to bring changes in the Act comes in the wake of the unprecedented public outrage arising out of the conviction of one of the accused in the December, 2012 gang-rape of a young physiotherapist in a moving bus in Delhi.

Women and child development minister Maneka Gandhi herself had been advocating the move lately suggesting it would act as a deterrent for child offenders.

Child rights activists on the other hand have been pointing that such changes would prove counter-productive instead of acting as deterrents.

In a statement to Governance Now, a spokesperson of ‘Save the Children’ that works for child protection and child education in India said, “Let us all focus on operationalizing juvenile systems, in accordance with the spirit of rehabilitating child offenders. We have to work with children to ensure that they become more responsible instead of only punishing them.

Nishit Kumar, head, communication and strategic initiatives, Childline India Foundation, Mumbai, said: “The decision of the exact term for such reformation process must be left to the JJB and should be based on detailed psychological examination and observation of the Juvenile.”

In a representation to late supreme court justice (retired) J S Verma who was heading a panel to amend anti-rape laws in the wake of the December, 2012 Delhi incident, a group of activists had highlighted that the minor accused in the case had a troubled childhood himself, after being separated from his family at the age of five. Instead, they pointed that the state should lay emphasis on protecting the childhood of such juveniles who end up being offenders.

Meanwhile, the amendment approved by the cabinet also has provisions for faster child adoption procedures and setting up foster care homes.

The government plans to introduce the bill in the current session of the parliament.

Comments

 

Other News

‘World’s biggest festival of democracy’ begins

The much-awaited General Elections of 2024, billed as the world’s biggest festival of democracy, began on Friday with Phase 1 of polling in 102 Parliamentary Constituencies (the highest among all seven phases) in 21 States/ UTs and 92 Assembly Constituencies in the State Assembly Elections in Arunach

A sustainability warrior’s heartfelt stories of life’s fleeting moments

Fit In, Stand Out, Walk: Stories from a Pushed Away Hill By Shailini Sheth Amin Notion Press, Rs 399

What EU’s AI Act means for the world

The recent European Union (EU) policy on artificial intelligence (AI) will be a game-changer and likely to become the de-facto standard not only for the conduct of businesses but also for the way consumers think about AI tools. Governments across the globe have been grappling with the rapid rise of AI tool

Indian Railways celebrates 171 years of its pioneering journey

The Indian Railways is celebrating 171 glorious years of its existence. Going back in time, the first train in India (and Asia) ran between Mumbai and Thane on April 16, 1853. It was flagged off from Boribunder (where CSMT stands today). As the years passed, the Great Indian Peninsula Railway which ran the

Vasudhaiva Kutumbakam: How to connect businesses with people

7 Chakras of Management: Wisdom from Indic Scriptures By Ashutosh Garg Rupa Publications, 282 pages, Rs 595

ECI walks extra mile to reach out to elderly, PwD voters

In a path-breaking initiative, the Election Commission of India (ECI), for the first time in a Lok Sabha Election, has provided the facility of home voting for the elderly and Persons with Disabilities in the 2024 Lok Sabha elections. Voters above 85 years of age and Persons with Disabilities (PwDs) with 4

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter