Juveniles aged 16 years and above will now be prosecuted as adults for heinous crimes after Parliament today passed a Bill in this regard.
Passed by the Lok Sabha in May 2014, the Juvenile Justice (Care and Protection of Children) Bill was today discussed in the Rajya Sabha against the backdrop of uproar over the release of a juvenile convict in the gang-rape and murder of 23-year-old Nirbhaya on December 16, 2012.
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The Bill was passed by the Rajya Sabha with voice vote after a walkout by Left parties which wanted it to be sent to a select committee.
Women and Child Development Minister Maneka Gandhi said the earlier legislation was a "nuanced" one and needed to act as a "deterrent". She said the incidents of heinous crimes by juveniles aged 16 years and above were on the rise. She cited statistics to support her contention.
She said there was a two-level check to determine whether a child should be tried as an adult. “If someone below 18 commits a crime that falls in heinous category, that includes rape, murder and arson, he will be brought before a Juvenile Justice Board that will not comprise lawyers or police officers, but psychologists, social workers and experts. They will decide whether the crime has been committed with an adult mind,” the minister said.
She said such a juvenile would be provided lawyers. “Again, the court decides whether he will be tried as a juvenile or an adult and the child gets a second chance. If the child is tried as an adult, he has the right to appeal before a high court and the Supreme Court. If sentenced, he will be sent to a borstal till he turns 21, not to an adult jail. There are no borstals now, but will be created under the new system,” the minister said.
She explained when the child turned 21, it would be ascertained if he had been reformed after which he would be released. If not, he would have to serve full sentence, whatever it may be. Leader of the Opposition Ghulam Nabi Azad pointed out that there had been several cases when juveniles had taken to crime at the instance of adults.
Akali MP Naresh Gujral sought clarity on the definition of “heinous crime”.
Addressing concerns on the state of juvenile homes, Maneka Gandhi said regular monitoring and social audit of these facilities would be carried out.