The changes made today to the existing juvenile law follow the anger over the release of a minor convicted in a fatal 2012 gang rape who served the maximum sentence of three yearsin a reform home.
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He was short of his 18th birthday when he and five other men brutally raped a 23-year-old young woman on board a moving bus in the heart of the capital New Delhi.
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Under “don’t ask, don’t tell” Vorderbruggen could not tell her superiors she needed leave to help deliver her son. Lemm and Bonacasa were assigned to the 105th Airlift Wing at Stewart Air National Guard Base in Newburgh.
Need one remind that this bill, once signed by the President, would mark the end of the road for many of them?
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The lower house had already approved the proposal.
While the amended law can not be applied retrospectively to cover the convict, its supporters say it will act as a deterrent.
The parents had led protests calling for the bill to be amended, labelling the existing law as too weak.
The UN Committee on the Rights of the Child, which monitors the implementation of the UN Convention on the Rights of the Child – to which India is a state party – has categorically stated that every person under 18 years of age at the time of an alleged offence must be tried in accordance with the rules of juvenile justice.
But in a rare display of nonpartisan politics, lawmakers came together on Tuesday to pass what has come to be one of the most bitterly contested legal changes since the gang rape incident. “I must sadly accuse the Government of having chosen political expediency over justice”.
Save the Children accused lawmakers of passing the new bill “in haste under public pressure and without due diligence”. “They have taken an emotional decision and only children will suffer the most”.
Anyone under the age of 18 should be tried in accordance with internationally accepted juvenile justice standards, including: The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the “Beijing Rules”); the United Nations Guidelines for the Prevention of Juvenile Delinquency (the “Riyadh Guidelines”); the United Nations Rules for the Protection of Juveniles deprived of their Liberty (the “Havana Rules”); and the Economic and Social Council Guidelines for Action on Children in the Criminal Justice System.
If you have read that, never mind the fact that the bill turns the “juveniles in conflict with law” into criminals without even giving a thought to what brought that first phrase into legal vocabulary.
“Juvenile crime is the fastest rising segment in the country and the bill will help to stop (this)”, she said.
“Juveniles’ involvement in crime is increasing the fastest”.
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The mother of the victim, who met Minister of State for Parliamentary Affairs Mukhtar Abbas Naqvi in the morning, said if the bill had been passed earlier, the juvenile convict would not have walked free.
