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Maneka Gandhi Thanks Opposition For Passing Juvenile Justice Bill
The Bill will now become a law under which juveniles between the ages of 16-18 years will be tried as adults for heinous offences.
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She clarified that no juvenile would be imprisoned directly and that experts and psychologists of the Justice Board would first decide whether the crime committed had been done so in a “child-like” manner or in an “adult frame of mind”. The Lok Sabha had already passed the bill in May.
She said the incidents of heinous crimes by juveniles of the age of 16 years and above were on the rise and cited statistics to support her contention. She said the juvenile crime is the fastest rising segment of the crime and “You can not have a more comprehensive, nuanced and compassionate bill”.
Can it be more shameful for us to learn that India has seen a 288 per cent increase in the arrest of juveniles for committing rapes in 10 years – from 2003 to 2013.
Yechury said the law would not apply to the juvenile convict in the Nirbhaya case.
India has changed its laws to allow under-18s to be tried as adults for rape amid outrage at the release of one of the men who fatally gang raped a woman on a Delhi bus.
Parents of the December 16 gangrape victim today welcomed the passage of the long-pending Juvenile Justice Bill saying that it will deter juveniles from committing such crime against women even though they rued that their daughter has been denied justice. The perpetrator (just six months away from adulthood in December 2012) was tried as a juvenile and sentenced to three years in a correctional facility. “If it is perceived that it was a thought-out, adult and planned crime, it would not be considered a child-like crime”, she added.
Claiming that the ruling regime didn’t do anything wrong, Naidu said “No minister has done anything wrong; no one can raise a finger on us”.
Importantly, the justice system has not been given a carte blanche to treat the 16-to 18-year-old as an adult. It was then referred to the Standing Committee on Human Resource Development in September and the report was submitted on 25 February, 2015.
Of course, the Bill will work to prevent crime among minors to an extent. The release of the teenager involved in the 2012 gang rape sparked street protests by students and the victims parents. “Don’t generalise it. Can there be a circumstance/consequence justifying rape”, he questioned. At another level, society also needs to do more to protect its children.
Congress Party leader Ghulam Nabi Azad said juvenile convicts should not be kept in jail with “hardened criminals” and there should be a separate place for them.
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Several rehabilitation and social reintegration measures have been provided for institutionalization and non-institutionalization of children.