Parliament panel rejects govt's proposal to try juveniles as adults

A move to send minors between 16 and 18 years accused of serious crimes like rape and murder to the regular court has been rejected by a Parliamentary Committee.

“The existing juvenile system is not only reformative and rehabilitative in nature but also recognises the fact that 16-18 years is an extremely sensitive and critical age requiring greater protection,” the panel on Juvenile Bill 2014 said.

“There is no need to subject them to different or adult judicial system, as it would go against articles 14 and 15 (3),” it added. The standing committee on Human Resource Development headed by Satyanarayan Jatiya examined the Juvenile Justice (Care and Protection of Children) Bill 2014 introduced in Lok Sabha last year.

It called for the review of the relevant clauses in the Bill in view of the Constitutional provisions.

“Some incidents of juvenile crime, though a cause of serious concern, should not be the basis for introducing drastic changes in the existing juvenile justice system,” it said.

The government has felt provisions in the law enacted in 2000 are inadequate to tackle child offenders under the 16-18 age bracket. Therefore it made special provisions to address heinous offences like rape, murder and grievous hurt committed by juveniles above 16 years which would act as a deterrent, it said.

Examining the National Crime Records Bureau (NCRB) data, Supreme Court verdicts and views of various stakeholders, the committee concluded that crime by juvenile offenders was a mere 1.2 per cent compared to their population.

In November, the Centre told the Supreme Court that it was considering making a distinction between minors and other juvenile offenders committing heinous crimes like rape, murder and drug-peddling to stop them from availing protection under laws concerning underage criminals.

The apex court had asked the government to look at the issue in the wake of increasing instances of under aged criminals indulging in “horrendous and heinous crimes.”