India to lower age for putting youths on trial for ‘heinous crimes’

The Juvenile Justice (Care and Protection of Children) Bill, 2014, provides for the trial of those between 16-18 years as adults for heinous offences.

“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.

The Bill’s passage comes in wake of increasing protests over the release of the juvenile convict in the Nirbhaya gangrape and murder case. According to the new legislation, the Juvenile Justice Board would ascertain whether the convicted juvenile (between 16-18 years of age) is fit to be charged as an adult or he/she should be sen to correctional remand homes.

The parents watched the proceedings from the visitor’s gallery in Rajya Sabha throughout the day as lawmakers debated the bill.

“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 was denied justice. The US has one of the worst systems of criminal justice in the world, with a high crime rate, high incidence of violence, massive corruption and brutality in the prison system, and the harshest punishment, including the highest rate of imprisonment”, Gopal says in the column. If this August House decides, it will be 16 in India, Gandhi said before moving the bill for passage.

Till the end, a sizable section of the House wanted it referred to a select committee as agreed before.

“A family I have come to know has two grown up daughters, well behaved and educated, and an adolescent son, who is a spoilt brat”. Lok Sabha had passed the bill earlier.

“There should be a separate enclosure for juvenile criminals in jail, can’t keep them with hardened criminals”, Congress leader Ghulam Nabi Azad said in the House. “This is a bill that everyone feels strongly about and I am happy that everyone supported it”, Gandhi said as she stepped out of Parliament. There are many reasons why this is unfortunate and misguided. They were also detained by police for holding demonstrations.

“Lowering the age doesn’t matter since such a heinous crime can be committed by a 14-year-old as well”. Sources in both Congress and Trinamool Congress said they did not want to be seen as blocking the Bill and going against “sentiments on the streets”, so they altered their positions.

“We may not be able to do anything about the juvenile convict in the Nirbhaya case but we can deter many other boys from doing so”, Gandhi pleaded.

CPI(M) leader Sitaram Yechury said the whole issue needed serious debate and changing the law was not a lasting solution.

By clearing the Bill, Parliament has sharply veered away from the past “beneficial legislation” for juvenile offenders. The Juvenile Justice Board will be tasked with conducting preliminary inquiry into the nature of the offence and other circumstances.