India to lower age for putting youths on trial for criminal offences

The bill, which was passed by the lower house in May, had been listed for passage in the upper house during the ongoing winter session but proceedings have been hampered by perennial spats between the ruling Bharatiya Janata Party and opposition members.

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 offense. 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. Four men convicted of rape and murder were sentenced to death and are appealing their sentences in India’s top court. The Left parties wanted it to be sent to a Select Committee so that there is no haste in amending the law under emotional pressure.

The man, now an adult, was released on Sunday.

Singh’s parents, who watched the proceedings from the visitor’s gallery of the parliament, welcomed the passage of the bill. They had led the protests demanding new and tougher law for juvenile offenders.

Replying to the debate on the bill, Women and Child Development (WCD) Minister Maneka Gandhi said the legislation was a “nuanced” one and was much needed to act as a “deterrent”.

The amended bill says defendants between 16 and 18 years of age can be tried as adults for all crimes carrying possible penalties of more than seven years in prison. Gandhi further elaborated that crimes like rape, murder, acid attacks, kidnapping for ransom and dacoity with murder fell under the category of heinous crimes.

However for a minor to be tried as an adult the local juvenile justice board would have to assess the offender and decide if the minor could be tried as an adult.

Current law defines a person under 18 as a juvenile and caps punishment at three years in a correctional home.

Then the decision to try the culprit as an adult would need to be approved by a children’s court, which would also draw up a plan for rehabilitation.