The amendment comes at a time where there are vast protests going on across the country to amend the current bill for two reasons.
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The changes to the law will allow minors aged 16 onwards to be sentenced to at least seven years in young offenders’ institutions if convicted of “heinous crimes” including rape and murder. Under the juvenile law till now, even those accused of heinous offences like rape could be tried only by Juvenile Justice Boards and could not be jailed for more than three years. It will put children in the 16-18 age group, who are charged with serious crimes, in the adult criminal justice system.
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I’m calling on our legislatures to get back to Harrisburg , to get back to the work they left unfinished last week”, Wolf said. That money will go toward education funding, state corrections institutions and medical assistance, Wolf said.
The Bill replaces the Juvenile Justice (Care and Protection of Children) Act, 2000.
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According to the bill, the juvenile between 16-18 will be permitted to be tried as adults in heinous crimes.
On Tuesday in Rajya Sabha, principal Opposition Congress climbed down from its earlier position of referring the Bill to a Select Committee and allowed for the legislation to be passed. Also, if a juvenile committed the crime along with adults, then he or she could face legal action in a regular court and not in a special court. Parliament has done its bit by passing the new law but if crimes by juveniles have to be controlled, the other organs of the state and, indeed, also the public, must uphold their side of the bargain.
“Children do sometimes commit crimes as violent as those committed by adults”, said Aakar Patel, executive director of Amnesty International India, in a statement.
Proponents of child rights say govt should have focussed more on implementation of existing law. “Though it has been delayed, we want this bill to be passed in parliament at the earliest”, Asha Devi told reporters.
“We may not be able to do anything about the juvenile convict in the Nirbhaya case but we can deter many other boys from doing so”, Gandhi pleaded. Rajya Sabha passed legislation following the 2012 fatal gang rape of a 23-year-old woman on a Delhi bus by five adults and a minor.
While the new law won’t help prosecute the juvenile in the December 16 gangrape case, since it wasn’t in existence when the incident took place, it is applicable in future cases where a juvenile is involved.
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She expressed concern on lowering the age of the juvenile in India from 18 to 16, saying that lowering the age is completely wrong. “I think the ayes have it, the ayes have it, the ayes have it. The bill has been passed”, P.J. Kurien, Speaker of the upper house, announced at the end of the vote.
