Under the new law juveniles in the age group of 16-18 years who commit heinous crimes like murder, rape and robbery stand to face a regular court like adults. Under the existing law, as a juvenile he could only remain in detention for a maximum of three years. It will put children in the 16-18 age group, who are charged with serious crimes, in the adult criminal justice system.
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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. Gandhi refuted Oppositions charges that the amended bill violated the United Nations Convention on the Rights of the Child (UNCRC), which was ratified by India in 1992.
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Van Dyke has been charged with murder, but is out on bail pending formal arraignment by the end of December. The 17-year-old was shot 16 times, but the video of his killing was kept from the public until last month.
Amid disruptions during the Winter Session, the Rajya Sabha, however, passed the landmark Juvenile Justice (Care and Protection of Children) Bill 2015 on Tuesday.
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The debate has been triggered after the Supreme Court on Monday rejected the plea against release of the “juvenile” convict in December 2012 gangrape case. Parliament has done its bit by passing the new law but if crimes by juveniles have to be controlled, the other organs of the state and, indeed, also the public, must uphold their side of the bargain. “Case to case understanding of the culprits about their maturity levels is a must for a fair trial and if proven guilty, he/she has to go through the punishment like the adults”, he said.
The man was short of his 18th birthday when he and five other men brutally raped a 23-year-old woman on a bus in the heart of the Indian capital.
‘The new law will decide whether a child committed the crime in a childish or adult frame of mind’.
“This session has been a victim of a strategy conceived before the commencement of this session which was to see that parliament was paralysed, come what may”, Naidu said, reports IANS.
Singh’s parents, who watched the proceedings from the visitor’s gallery of the parliament, welcomed the passage of the bill. “I am satisfied, but sad that my daughter couldn’t get justice”, Jyoti’s mother Asha Devi said.
“Children do sometimes commit crimes as violent as those committed by adults”, said Aakar Patel, executive director of the Amnesty International India.
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But several lawmakers also asked that the law be sent to an expert committee and more children’s rights experts weigh in before the changes were made law.
