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Juvenile Justice Bill passed- The road ahead
The Indian parliament has passed a bill which allows juveniles between 16 and 18 years of age to be tried as adults for serious crimes like rape or murder.
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“This is a nuanced Bill….It does not mean that a 16-year-old goes to jail at all”, said Maneka Gandhi, Union minister for women and child development.
Demonstrators shout slogans from a police bus after being detained by police during a protest against the release of a juvenile rape convict, in New Delhi, India, December 20, 2015. The bill permits children between the ages of 16-18 years to be tried as adults for heinous offences.
Parents of the December 2012 Delhi gang-rape victim, Asha Devi and Badri Singh Pandey, were present in the visitors’ gallery of the House when the Bill was being discussed in the House. “Although we are satisfied that the amendments have been passed as these will help victims of heinous crime get justice, there is grief that our daughter Jyoti was denied justice”.
The three member Verma Committee had then visited one such “Home” in Rohtak (Haryana) and discovered that the children were being sent out to work as construction workers.
However, the Bill was passed with an overwhelming majority from the members of the House – paving a way for many who are still awaiting justice in similar rape cases across the country.
Calling it an “extremely unjust” and “bad law”, Tharoor said, “I must sadly accuse the Government of having chosen political expediency over justice”. “I am happy (with the passage of the bill) but somewhat I’m unhappy that justice wasn’t served to our Nirbhaya”, she said.
Until last Friday, the majority opinion had been to send the bill, due to certain concerns, to a Select Committee. There are many reasons why this is unfortunate and misguided. “The Congress supported the bill, though many of its leaders had said they favoured sending it to a select committee”.
Shiv Sena MP Sanjay Raut said if the Juvenile Justice Act is not more stringent, people like terror convict Ajmal Kasab or underworld don Dawood Ibrahim would walk free, given that they committed major crimes as minors. The Juvenile Justice Board will be refined again and again. A 17-year-old delinquent from a well-off family will continue to be declared “under-age” and given protection in lieu of money or other considerations while a 15-year-old delinquent, homeless and often abandoned by the family, will continue to be declared a 16 year old and sent to prison.
Several new offences committed against children, which are so far not adequately covered under any other law, have also been made part of this law. She termed the Bill as “historic” and promised that it will lead to reforms in the juvenile justice system. The Bill was earlier passed by the Lok Sabha on May 7 this year.
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A senior Congress leader said, “We decided in the morning that on a highly sensitive issue like this, Congress should not be isolated”.