India lowers crime trial age to 16 after Delhi gang rape furor

Indian lawmakers voted Tuesday to lower to 16 from 18 the age at which a person can be tried as an adult for heinous crimes following anger over the release of one of the attackers in a fatal 2012 gang rape.

The upper house of parliament passed the bill after the release last week of the minor convicted in the case sparked outrage and debate over whether the country was too soft on young offenders.

The Lok Sabha had already passed the bill in May. “Do we really think they are children?”

Anyone under the age of 18 should be tried in accordance with internationally accepted juvenile justice standards, including: The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the “Beijing Rules”); the United Nations Guidelines for the Prevention of Juvenile Delinquency (the “Riyadh Guidelines”); the United Nations Rules for the Protection of Juveniles deprived of their Liberty (the “Havana Rules”); and the Economic and Social Council Guidelines for Action on Children in the Criminal Justice System. Parents of the victim had demanded for amendments to the law after their daughter was repeatedly raped and beaten by the 17-year-old minor as well as five adult companions.

This Bill is blatantly unjust and goes against even women whom it claims to protect and not only children for various reasons. The victim, physiotherapy student Jyoti Singh, died of injuries sustained during the brutal, hour-long assault 13 days later and has become a symbol of endemic sex crimes against women in the patriarchal country. “They have taken an emotional decision and only children will suffer the most”. Yechury said the spirit of the law was to define the crime and not to define the age.

Nirbhaya’s parents observed the debate in the Rajya Sabha today.

While public support for harsher punishment for minors has been growing since the Delhi Gang Rape, human rights groups fundamentally opposed legislating tougher penalties on juveniles since it contradicts universal standards. It was Gandhi who pushed changed the definition to 18 years.

The youth, who can not be named under Indian law as he was below 18 at the time of the attack, was released on Sunday after serving the maximum sentence of three years in a reform home.

“If a child of 15 years, 11 months commits then will you change the law again”, said Ritabrata Banerjee from the Communist Party of India (Marxist).

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.

According to Indian Express, the law is very clear that a minor can not be detained further than three years.