Indian lawmakers Tuesday passed a bill allowing harsher punishments for juveniles aged 16-18 after an outcry over the release of a young rapist who served three years in a detention facility for his part in a notorious gang-rape in 2012. His release sparked outrage and debate over whether the country was too soft on young offenders.
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The law was passed after much debate by the upper house of the nation’s bicameral parliament.
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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.
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Giving out the Bill’s details, Women and Child Development Minister Maneka Gandhi said borstals – a custodial institution for young offenders – would be set up under the proposed law to house juveniles accused of heinous crimes. 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.
The victim died of her injuries.
Many argued that the old law, which emphasised the merits of reformation, did not prove to be a strong deterrent.
“This law will not be applicable in retrospective”, he said, which means it will not be applicable on the rape convict who has already been freed. The other five men convicted in the crime either committed suicide or were sentenced to death. Now juveniles aged 16 years and above will be tried under laws for adults for heinous crimes.
“It is best not to make any abrupt changes in law based on one incident (Nirbhaya gang rape case)” CRISP leader Sudha Rajashekar said.
“We are opposed to the law since vengeance seems to have become the focal point of our view of justice”.
Responding to street protests against the backdrop of the release of the juvenile con-vict in the gangrape-cum-murder case of December 16, 2012, Parliament has amended the Juvenile Justice (Care and Protection of Children) Bill, which provides for lowering the age for trial from 18 years.
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Authorities are saying the rate of juvenile crimes has escalated since previous year with a 38, 565 cases.
