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 amended juvenile justice law is a response to the increase in the number of heinous crimes committed by youngsters in the age group of 16-18 years.
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While four of the perpetrators were sentenced to death and the ringleader, the bus driver, allegedly hanged himself in jail, a 17-year-old who also participated in the crime was recently released from a correctional home.
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“#JuvenileJusticeBill attempts to bring balance between rights of the child and need to deter heinous juvenile crimes, esp. against women”, Maneka Gandhi, the federal minister for women and child development, posted on Twitter after the bill was cleared.
JD(U)’s Kehkeshen Parveen who was also a former Bihar women commission chief wanted to know how the government, despite being a signatory to the UN Charter of Rights of the Child, was reducing the age of juvenile criminality from 18 to 16 years.
Stating that the Juvenile Justice bill was “rushed through” in the Rajya Sabha without thinking on ways to fight crime in detail, CPI(M) has rued that Parliament missed an opportunity to consider the “important” bill in a more “dispassionate and scientific” manner.
He said it was a shame for the society that such rapes happen even when we say the country is developing and Indian girls go to foreign universities and are excelling.
She said the Justice Board has experts and psychologists who will first decide whether the crime committed has been “child-like” or was it committed in an “adult frame of mind”. This initiation will take place regardless of whether the bill passes or not.
But Gandhi said, “this is a very nuanced Bill… some people are over simplifying this bill”. “But I am sad that my daughter did not get justice”, she added. The question many asked is whether the new law will act as a deterrent to youth from committing a crime.
The bill, which was passed by the lower house in May, had been listed for passage in the upper house during the ongoing winter session but proceedings have been hampered by perennial spats between the ruling Bharatiya Janata Party and opposition members. Children walk into police stations and say “we have murdered… send us to a juvenile home, ‘” the minister said. He served only three years in custody, a sentence that many felt amounted to a severe miscarriage of justice.
“There has been an argument that if you are old enough to rape, you are old enough to be hanged and I feel this is absolutely wrong”, she said.
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Parliamentary Affairs Minister M Venkaiah Naidu attacked the Congress for paralysing the Rajya Sabha.
