#The new juvenile law - The Hindu
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criminal
There was never any doubt that the progressive juvenile law enacted in 2000 was not being implemented properly and that there was a need to revisit its provisions. In many ways, the Juvenile Justice (Care and Protection of Children) Bill, 2015, passed by the Lok Sabha, is a forward-looking and comprehensive enactment that provides for dealing with children in conflict with the law and those requiring care and protection. However, its laudable features have been overshadowed by one provision that states that children in the 16-18 age group will henceforth be tried as adults if they are accused of committing heinous offences . The government believes that the provision will help address public disquiet over the perception that young offenders are getting away with light punishment after committing crimes such as murder and rape. However, child welfare activists have been saying there is no need to carve out an exception for children in a particular age group solely based on the perceived heinousness of the offence. The division into two groups one below 16 and another above 16 goes against the core principle that all children should be treated as such till the age of 18. This age has been fixed based on studies in child behaviour and the U.N. Convention of the Rights of the Child. A parliamentary Standing Committee opposed the change, noting that subjecting juveniles to the adult judicial system would go against the objective of protecting all children from the rigours of adult justice. It noted that the Supreme Court had not agreed with the view that children involved in certain offences should be tried as adults.