Child rights activists protest against juvenile bill

Juvenile bill passed by Rajya Sabha: A look at the key provisions – A day after members across parties agreed that juvenile justice bill should be considered seriously, the Parliament on Tuesday passed the important legislation.

Parents of Jyoti, the December 2012 gangrape victim, watched deliberations in the Rajya Sabha as Maneka Gandhi piloted the Juvenile Justice Bill.

Nirbhaya’s parents were present in the visitors’ gallery during the five-hour debate in the Rajya Sabha before the bill was passed by voice vote.

Lawmakers on Tuesday passed a bill allowing minors aged 16-18 to be sentenced to at least seven years if convicted of “heinous crimes” including rape, murder and acid attacks.

The Bill was introduced in the Lok Sabha on August 12, 2014 by Maneka Gandhi, Minister of Women and Child Welfare of Narendra Modi-led NDA government.

The only case in which a juvenile won’t be tried as an adult is if he/she is apprehended before turning 21 in which case a juvenile could get counselling and be sent to a rehabilitation home.

However, the Juvenile Justice Board would have to first assess the criminal and decide whether he should be tried as an adult or a child, the ministry said. While the passing of this bill which will become a law will not have any impact on the juvenile who was accused in the Nirbhaya case, it would have a bearing in future cases. Also, if a juvenile has committed the crime along with adults, then he or she could face legal action in a regular court and not in a special court.

CPI (M) leader Sitaram Yechury has earlier stated that the Left parties were still of the view that the amendments should go to a Select Committee.

Leader of Opposition Ghulam Nabi Azad, who initiated the discussion on the Bill, took a dig at Naidu, saying even when the House was running smoothly, he was taking panga. According to NCRB data in 2013, there were 28,000 juvenile offenders in India, out of which 3,887 were accused of serious crimes.

Nirbhaya’s mother welcomed the Bill, though with the regret that it wasn’t passed before. But the current bill has lowered the age of the juvenile.

As far as those who commit heinous crimes are concerned, the priest said there are some children who reach maturity (physically and mentally) faster than others and they are fully aware of what they are doing.

The amended bill will allow convicts of more than 16 years of age to be tried as adult convicts.