A section of the legal fraternity in the city has taken a dim view of the amendments to the Juvenile Justice Act to treat juveniles aged between 16 and 18 as adults for heinous crimes.
P. Baburaj, a former member of the Juvenile Justice Board, has strongly criticised it on the grounds that it will create an adverse impact in rehabilitation of juveniles in conflict with law.
He said by approving the Bill, the government has accepted its failure to ensure rights to the children in this country. ‘’The juveniles in the age group of 16-18 years will be in traumatic situation if they are brought before the criminal court for having committed serious crimes. The basic premise to enact such a law is public anger over a recent crime pertaining to rape and murder. But such step obviously will lead to retributive justice, not juvenile justice’’, argued Mr.Baburaj.
He found a flaw in the amended bill and pointed out that the discretionary powers will be given to Juvenile Justice Board to transfer such juveniles to criminal court for trial and punishment. “Since JJB is presided over by Chief Judicial Magistrate of the district, one could assume that the chances of transfer of adolescents to adult court would apparently be more’’, said Mr.Baburaj.
He said harsh punishment cannot be a deterrent and this in turn could make the juveniles hardcore criminals, said Mr. Baburaj adding that the proposed amendment of Juvenile Justice Act is retrogressive and would undermine the basic objectives of the Act.
H.V.S. Murthy, the former president of the Mysuru Bar Association, echoed similar views and said children aged between 16 and 18 are forced to commit the crime at the behest of others and said the amendment could not be construed as reformative in nature. “The essence of Juvenile Justice Act is to reform but this amendment goes against the spirit of the Act”, he added.
‘Harsh punishment cannot be a deterrent and this in turn could make the juveniles hardcore criminals’
