Firstpost
Juveniles aged 16 years and above
will now be tried under laws for adults for heinous crimes as Parliament on
Tuesday passed a much-expected bill in this regard against the backdrop of a
juvenile convict being released in the gangrape-cum-murder case of December
2012.
The Juvenile Justice (Care and
Protection of Children) Bill, which provides for lowering the age for trial
from 18 years, was passed by Rajya Sabha with a voice vote after a walkout by
Left parties which wanted it to be sent to a Select Committee. Lok Sabha passed
the bill earlier.
Replying to the debate on the
bill, Women and Child Development (WCD) Minister Maneka Gandhi said the
legislation was a “nuanced” one and was much needed to act as a “deterrent”.
She said the incidents of heinous crimes by juveniles of the age of 16 years
and above were on the rise and cited statistics to support her contention.
The bill was taken up against the
backdrop of uproar over release of juvenile convict in the gangrape-cum-murder
of a 23-year-old girl on December 16, 2012. The parents of the victim have said
that the convict could escape after spending three years in a correction home
only because the law is weak.
Senior advocate K T S Tulsi came
out in strong support of lowering the age bar the first post reported.
“In England and Wales, for several
offences, children above the age of 10 are held to be criminally liable. In
Australia, the prescribed age is 14-18 years for children to be responsible for
their actions under criminal law. In the United States, many states have the
age of 12 years for holding children responsible for criminal acts. In New York
and Texas, the age is 17 years. In Bangladesh, it is 16 years and in Denmark,
it is 15 years. And psychologists now feel that the children are grown-ups by
the age of 14, responsible for their actions,” Tulsi said.
Under the new law,
children between the ages of 16 years and 18 years who commit heinous crimes
can now be tried as adults. This, however, will be after the Juvenile Justice
Board conducts a preliminary investigation to determine the severity of the
offence, the circumstances of the offender and ability of the juvenile to
understand the consequences of his or her actions. The Bill gives the
option to a children's court to direct that the offender in such a case should
complete the remainder of his or her term in a jail.
'Heinous offences' have been
defined as those, which carry a sentence of imprisonment for seven or more
years.
The newly passed law, however,
does not allow for juveniles to be sentenced to death or to life imprisonment
without the possibility of release.
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