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

India’s upper house of parliament passed the Juvenile Justice (Care and Protection of Children) Bill by a voice vote, paving the way for lowering the minimum age for a criminal trial to 16 from 18, depending on the gravity of the offence.

The bill was approved by the Lok Sabha – the lower house – in May.

It was the release from such a facility of the youngest rapist in the internationally infamous 2012 New Delhi gang rape case – when 23-year-old medical student Jyoti Singh was brutally assaulted by six men and subsequently died – that significantly increased the pressure on the government to amend the law.

While four of the perpetrators were sentenced to death and the ringleader, the bus driver, allegedly hanged himself in jail, a 17-year-old teenager who also participated in the crime was recently released from a correctional home. Singh’s mother told news channel CNN-IBN that she was happy the bill had been passed, but that justice for her daughter remained elusive.

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. “The new law will decide whether a child committed the crime in a childish or adult frame of mind”.

The juvenile, who was under 18 years of age when he was held with five other men for the brutal rape and murder, was tried under the Juvenile Justice Act. It allows prosecution of those 16-18 as adults.

It will now have to be signed by the president to become law – which, correspondents say, is a mere formality.

The parents of the victim were among those campaigning to change the law.

There was a delay in passing the bill but due to a protest which ensued after the recent release of a convicted juvenile, the Supreme Court attempted a quick passage of the bill.

“It is best not to make any abrupt changes in law based on one incident (Nirbhaya gang rape case)” CRISP leader Sudha Rajashekar said.

Authorities are saying the rate of juvenile crimes has escalated since past year with a 38, 565 cases.