Dear Readers,
The Rajya Sabha on today passed the Juvenile Justice Bill, which allows for the trial of people between 16-18 years as adults, for the commission of heinous offences. Today we are presenting you the changes in Juvenile Justice Bill in India and today it make a historic day in Indian Constitution.
What is Juvenile Justice Bill?
An Act to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this enactment.
History:
The Government of India enacted the Juvenile Justice Act in 1986. In 1989 the General Assembly of the United Nations adopted the Convention on the Rights of a Child. India ratified the UNCRC in 1992. The convention outlines the right of the child to reintegration into society without judicial proceedings where avoidable. Hence the Government, to fulfil the standards of the convention felt a need to re-write the law. Hence in 2000 the old law was replaced by the Juvenile Justice (Care and Protection of Children) Act.
What is the Act?
The Juvenile Justice (Care and protection of Children) Act, 2000 amended in 2006 and 2011, contains statutory provisions to handle cases relating to minor offenders, called as ‘delinquents’, ‘Juveniles in conflict with low’ or as ‘children in need of care and protection.’
What is the definition of Juvenile as per Law?
Section 2(K) of the Act defines a ‘juvenile’ or a ‘child’ as a person who has not completed 18 years of age while Section 2(I) says a “juvenile in conflict with law” means a juvenile who is alleged to have committed an offence.
What are the Provision for bail?
Whenever a juvenile is arrested for an alleged offence, he requires to be immediately produced before the Juvenile justice Board. The law says that the board, irrespective other offence, should release him on bail with or without any surety. However, the Juvenile must be sent to a observation home or a ‘place of safety’ by a speaking order of the Board, explaining the reasons for not releasing him on bail. During the ‘inquiry’ and not a ‘trial’, such delinquents are to be housed in the observation home and the ‘inquiry’ has to be completed within four months.
The Juvenile Justice Bill, 2015:
The Rajya Sabha today cleared the Juvenile Justice Bill amid mounting public pressure following the release of the juvenile convict in the Nirbhaya gangrape case.
The passage of the Bill, which replaces the Juvenile Justice (Care and Protection of Children) Act, 2000, now paves way for the trial of those between 16-18 years as ‘adults’ in case of heinous offences. Also, anyone between 16-18 years who commits a less serious offence can be tried as an adult if he is apprehended after he attains the age of 21.
The decision comes against the backdrop of the Supreme Court’s refusal to consider a plea against the release of the ‘juvenile’ convict in the horrific December 16, 2012 case.
Key Points of New Juvenile Justice Bill, 2015:
1. The Juvenile Justice (Care and Protection of Children) Amendment Bill 2015 has been passed by the Rajya Sabha today. It was introduced in Parliament last year after public outrage because one of the offenders in the 2012 gang rape case was a few months short of 18 years of age. The bill had already been passed by the Lok Sabha in May. It now needs the President's assent to become law.
2. The bill allows for juveniles 16 years or older to be tried as adults for heinous offences like rape and murder. Heinous offences are those which are punishable with imprisonment of seven years or more.
3. The bill mandates setting up Juvenile Justice Boards and Child Welfare Committees in every district. Both must have at least one woman member each.
4. Once the bill becomes law, the decision to try a juvenile 16 years or older as an adult will be taken by the Juvenile Justice Board, which will have a judicial magistrate and two social workers as members. If the board decides against it, the juvenile will be sent for rehabilitation.
5. The Child Welfare Committees will look at institutional care for children in their respective districts. Each committee will have a chairperson and four other members, all specialists in matters relating to children.
6. Trying a juvenile accused of a heinous offence as an adult could violate Article 14 (right to equality) and Article 21 (laws fair and reasonable for all).
7. By proposing a higher penalty for the same offence if the person is apprehended after 21, the JJB is also against the spirit of Article 20(1).
8. The UN Convention on the Rights of the Child requires all signatory countries to treat every child under 18 as equal.
9. Some penalties provided in the Bill are not in proportion to the gravity of the offence.
10. Penalties for cruelty against a child, offering drugs to a child, or abduction or selling of a child have been prescribed.
Introduced in 2014:
The Bill was introduced in the Lok Sabha on 12 August, 2014 by the Minister of Women and Child Development, Maneka Gandhi. It was then referred to the Standing Committee on Human Resource Development in September and the report was submitted on 25 February, 2015.
Who is a Juvenile?
The bill recognises juveniles between the ages of 16-18 years and permits them to be tried as adults for heinous offences. It further adds that any 16-18 year old, who commits a serious offence, may be tried as an adult only if he is apprehended after the age of 21 years.
It should be noted here that the UN Convention on the Rights of the Child requires all signatory countries to treat every child under the age of 18 years as equal. The provision of trying a juvenile as an adult contravenes the Convention
Categorising Offences:
Offences committed by juveniles are categorised as heinous offences which includes those with minimum punishment of seven years of imprisonment under IPC or any other law; serious offences which would lead to three to seven years of imprisonment and petty offences which would be for below three years of imprisonment. Another point to note here is that a juvenile cannot be given life imprisonment 'without the possibility of release or death penalty'.
Conclusion:
The victim Jyoti Singh's parents and other organisations protested vociferously against his release, but the petition against it was dismissed by the Supreme Court, and have sought a swift passage of the bill. The general consensus has been that that had the bill, which is stuck in the Rajya Sabha due to the Parliament logjam, been passed earlier, the law could have prevented the 20-year old from getting out.
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