The Centre’s decision to amend the Juvenile Justice Act to treat those in the 16-18 age group as adults in case of heinous crimes such as rape got qualified support from the Congress and the Aam Aadmi Party (AAP), but came in for sharp criticism from civil society groups.
Mahila Congress president Shobha Oza said her organisation had been demanding the amendment since the December 2012 Delhi gang-rape case. The AAP said it appeared to be “reasonable” legislation.
The All India Democratic Women’s Association said there was no justification for it — however abhorrent the crime may be.
“To treat them at par with fully-formed adults, which is what putting the nature of crime ahead of age does, is to ascribe an agency in decision making that does not really exist.’’
Supreme Court lawyers Vrinda Grover and Imran Ali also held similar views. While Ms. Grover said that “deliberately an impression is being created that most serious crimes are being committed by juveniles to feed off the anxieties and insecurities of the public.’’
Mr. Ali added that this could only lead to more corruption in a country like India as the decision to transfer a 16-plus juvenile to an adult court would be at the discretion of the Juvenile Justice Board. And, since such a transfer can be appealed against, this would further delay the process.
UNICEF described it as a “real step back”. Its Country Representative Louis-Georges Arsenault said, “Worldwide, evidence shows that the process of judicial waiver or transfer of juvenile cases to adult courts has not resulted in reduction of crime or recidivism. Instead, investments in a working system of treatment and rehabilitation of children have led to better results in reducing recidivism.”
Amnesty India said, “Children’s culpability, even when they commit ‘adult’ crimes, is different because of their immaturity. Their punishment should acknowledge this difference, reflect children’s special capacity for reform and rehabilitation, and be grounded in an understanding of adolescent psychology.”
With the government having made up its mind, Child Rights and You articulated its hope that MPs ensure that the Bill is examined threadbare by referring it to a Standing Committee to evaluate evidence from different perspectives and stakeholders.
