With crime graph suggesting an increase in involvement of minors in heinous crimes, the Centre is adding provisions to existing laws to try juveniles above 16 years an a par with adults in acts of murder, rape and acid attack.
Women and Child Development Ministry has sent a draft proposing amendments to the Juvenile Justice Act to the Ministries of law and Home Affairs for their opinion.
“By asking for severe punishments for crimes of heinous nature for juveniles, we want to deter them from even thinking that they could get away with rehabilitation in reform homes,” WCD Minister Krishna Tirath.
“We are witnessing a steadily increasing trend of juvenile offenders arrested for grave crimes seeking pardon on the plea that they have not yet reached 18 years of age. The Nirbhaya case is a glaring example, followed by the Mumbai Shakti Mills gang-rape case. Crimes like rape and acid attacks often reduce women to a vegetative state, with loss of confidence and dignity. Juveniles should at least have this fear that they can no longer get away,” she said.
Although the Ministry is proposing that juveniles in the age bracket of 16 to 18 years be tried at par with adults, the decision to try them under Indian Penal Code will be taken by the Juvenile Justice Board. The WCD Ministry has also proposed in their draft that the juveniles may not be given capital punishment. “While we are not demanding death for severe crimes, but sentencing them to life imprisonment could be considered,” said Tirath.
Presently, under JJ Act, all minors- irrespective of their crime-enjoy umbrella protection. The severest of crimes like murders or rapes attract a maximum punishment of a three-year term in a reformatory.