New Delhi: All Central ministries except the Ministry of Home Affairs have given approval to amendments to the Juvenile Justice (Care and Protection of Children) Act, 2000 to make it more stringent and try those under the age of 18 years and accused of crimes like rape as adults. The amendments are listed for Cabinet for next Wednesday.
The NDA government plans to empower the Juvenile Justice Board to decide on whether a juvenile in the age group of 16-18 years involved in heinous crimes such as rape is to be sent to an observation home or tried in a regular court.
The changes in the law come against the backdrop of outrage over the conviction of a minor in the Delhi gangrape case of December, 2012. He was tried in a juvenile court in 2013 and sentenced to three years in a reform home.
The juvenile's lighter punishment had triggered a debate on punishment for juveniles convicted of heinous crimes.
"In case of a child alleged to be in conflict with law who has completed 16th year of age as on the date of commission of an offence under sections 302, 326A, 376, 376A or 376D of IPC, the JJ Board shall conduct an inquiry regarding the premeditated nature of such offence, the mitigating circumstances in which such an offence was committed, the culpability of the child on committing such offence..." the draft put in public domain by the ministry said.
However according to the Bill, in no case the juvenile involved in a heinous crime will be sentenced to death or life imprisonment either when tried under the provisions of JJ Act or under the provisions of IPC.
Former women and child development Krishna Tirath during the UPA regime had proposed that juveniles above 16 years of age, guilty of heinous crimes, be treated on par with adult offenders.
This move was opposed by various NGOs and NCPCR who stated that this kind of proposal was against child rights.
(With inputs from PTI)
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