Lok Sabha passed a bill that allows juveniles aged between 16 and 18 years to be tried as adults for heinous crimes, with the government assuring that it had tried to strike a “fine balance“ to ensure that no injustice was done to innocent children and the legislation would act as a minimum deterrent.
The Juvenile Justice (Care and Protection of Children) Bill was passed after the government agreed to delete a controversial clause which said if a minor commits a crime at an age between 16 and 18 but is caught after turning 21, he or she should be tried under IPC and not juvenile laws. The new bill also provides that a convicted juvenile will not be eligible for government employment.
At least 42 official amendments moved by the government were adopted while all the amendments moved by opposition members like Shashi Tharoor (Congress) and N K Premchandran (RSP) were negated.
Opposition members opposed the proposal to raise the age bar, expressing apprehensions about misuse and violation of rights of children by the new law which comes against the backdrop of the involvement of a 16-year-old in the 2012 Nirbhaya gangrape case.
However, minister for women and child development Maneka Gandhi said she has tried to be “pro-child“ and made efforts to strike a “fine balance“ between justice to victims and rights of children. Justifying the need for the new law, she said according to National Crime Records Bureau, around 28,000 juveniles had committed various crimes in 2013 and of them, 3,887 had allegedly committed heinous crimes. She also cited a recent SC order wherein it had favoured a re-look at the law in view of the growing number of juveniles involved in heinous crimes. “The new law is meant to apply to such 3,887 juveniles out of the 47.2 crore young population in the country ,“ Maneka Gandhi said while seeking to allay the members' concerns.
Rejecting the opposition's contention that the recommendations of the parliamentary standing committee were disregarded, she said 11 out of 13 recommendations had been accepted. To concerns expressed by some that the new law may be misused against the poor, `adivasis' and other deprived sections of society , she said most crimes are committed against the poor and she was trying to ensure justice to them.The minister underscored the point that poverty may provoke anger and envy , but it cannot be used as an excuse for crimes. She suggested that there could be some other factors for crimes.
“We do not want to be mean to children.... This Act is a deterrent,“ said Maneka rejecting allegations that while she loved animals, she was not favourable to juveniles. She emphasized that under the law there were provisions for appeal and that any juvenile in age group of 16-18 years will stay in Borstal, an institution meant for housing adolescent offenders, till the age of 21 years whatever be the sentence. Also, under the new law there will be no provision for death sentence or life imprisonment. At the age of 21 years, their behaviour will be assessed and if an offender has reformed, his sentence may be curtailed.
The Juvenile Justice (Care and Protection of Children) Bill was passed after the government agreed to delete a controversial clause which said if a minor commits a crime at an age between 16 and 18 but is caught after turning 21, he or she should be tried under IPC and not juvenile laws. The new bill also provides that a convicted juvenile will not be eligible for government employment.
At least 42 official amendments moved by the government were adopted while all the amendments moved by opposition members like Shashi Tharoor (Congress) and N K Premchandran (RSP) were negated.
Opposition members opposed the proposal to raise the age bar, expressing apprehensions about misuse and violation of rights of children by the new law which comes against the backdrop of the involvement of a 16-year-old in the 2012 Nirbhaya gangrape case.
However, minister for women and child development Maneka Gandhi said she has tried to be “pro-child“ and made efforts to strike a “fine balance“ between justice to victims and rights of children. Justifying the need for the new law, she said according to National Crime Records Bureau, around 28,000 juveniles had committed various crimes in 2013 and of them, 3,887 had allegedly committed heinous crimes. She also cited a recent SC order wherein it had favoured a re-look at the law in view of the growing number of juveniles involved in heinous crimes. “The new law is meant to apply to such 3,887 juveniles out of the 47.2 crore young population in the country ,“ Maneka Gandhi said while seeking to allay the members' concerns.
Rejecting the opposition's contention that the recommendations of the parliamentary standing committee were disregarded, she said 11 out of 13 recommendations had been accepted. To concerns expressed by some that the new law may be misused against the poor, `adivasis' and other deprived sections of society , she said most crimes are committed against the poor and she was trying to ensure justice to them.The minister underscored the point that poverty may provoke anger and envy , but it cannot be used as an excuse for crimes. She suggested that there could be some other factors for crimes.
“We do not want to be mean to children.... This Act is a deterrent,“ said Maneka rejecting allegations that while she loved animals, she was not favourable to juveniles. She emphasized that under the law there were provisions for appeal and that any juvenile in age group of 16-18 years will stay in Borstal, an institution meant for housing adolescent offenders, till the age of 21 years whatever be the sentence. Also, under the new law there will be no provision for death sentence or life imprisonment. At the age of 21 years, their behaviour will be assessed and if an offender has reformed, his sentence may be curtailed.
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