Juvenile justice law cleared; need social contract
At a time when it has become the norm for entire parliamentary sessions to be wasted because of partisan politics, it is heartening that Parliament was finally able to build consensus and pass the hotly debated Juvenile Justice (Care and Protection of Children) Bill, 2015. In doing so, it has taken at least one aspect of the December 16, 2012 Delhi gang rape case, which shook the conscience of the nation and sparked a public movement for women's safety and justice, to its logical conclusion. On Tuesday in Rajya Sabha, principal Opposition Congress climbed down from its earlier position of referring the Bill to a Select Committee and allowed for the legislation to be passed.
The Bill, which had been cleared by lok Sabha earlier in the year, is now awaiting presidential assent; after which, it will come into force. Since the Bill is not being applied in retrospect, the ‘juvenile' convicted for the rape and murder of Jyoti Singh Pandey will not be affected — even though it was his case that had added momentum to the calls for reforming the juvenile justice system and, indeed, it was his recent release, after spending only three years in a reform home, on December 20, that sparked the public outcry for Parliament to remove political roadblocks and pass the Bill that will allow stricter punishment for older juveniles like him, convicted of committing heinous crimes.
Critics of the Bill have slammed its passage through Rajya Sabha as a kneejerk reaction to the public protests on the streets. They are saying that the release of Jyoti Singh Pandey's ‘juvenile' attacker was too evocative an issue for any lawmaker to risk being seen on the ‘wrong side' of the debate and, hence, the Congress just fell in line and passed the Bill to appease public sentiment. Statements from Congress leaders in this context have only added to this perception — which, had it been true, would have set a worrying precedent.
Thankfully, this was not the case, even though it may seem otherwise in these emotionally charged times. The Bill was introduced more than a year ago in August 2014 and had primarily been drafted by the UPA regime. In fact, the contentious clause of trying older juveniles between the ages of 16 and 18 years who commit heinous crimes as adults, was introduced by the Congress-led Government. This only highlights that, petty politicking apart, there has always been a consensus on stringent punishment for older juveniles committing heinous crimes.
That said, the Juvenile Justice (Care and Protection of Children) Bill, 2015 is not the end of the road. Parliament has done its bit by passing the new law but if crimes by juveniles have to be controlled, the other organs of the state and, indeed, also the public, must uphold their side of the bargain. At one level, this means that efforts to reform children who are in conflict with the law need to be strengthened — for example, correctional homes for juveniles need to be revamped so that they offer real opportunities for reform and not push delinquents further down the road of crime and illicit activities. At another level, society also needs to do more to protect its children. An overwhelming majority of juvenile delinquents are poor, barely educated, and usually from migrant families. Social structures need to be put in place to shield such vulnerable children.