New Delhi — A fortnight after the Union Cabinet cleared amendments to the Juvenile Justice Act, to allow minors aged between 16 and 18 accused of heinous crimes to be put to trial in courts meant for adults, judges have raised practical difficulties.
The Lok Sabha passed the Bill on Thursday. As per the blanket rule at present, any person aged below 18 accused of any offence can only be sent to a reformatory home for three years.
A number of judges who have presided over Juvenile Justice Boards (now promoted to higher courts) told Mail that gauging the mental and physical maturity which the new rules mandate for deciding whether to send a particular juvenile to adult courts will be “easier said than done” and it will be an uphill task in the absence of specific guidelines and set standards.
The comments are crucial as the Bill is set to be introduced in the Rajya Sabha where it is expected to be opposed stiffly by the Opposition which is set for further amendments. The government had gone ahead with the amendment despite it being overruled by a parliamentary committee which demanded “re-examination” saying it was in “conflict with law”.
The proposed changes in the law come against the backdrop of outrage over the lighter punishment of three years in a reform home given to a minor convicted in the December 16 gang-rape case. The change in law will not however have a bearing on the punishment given to the minor in that case as the amendment will not have a retrospective effect, India Today reported.
Questions have also been raised on the government’s decision to leave the judgment on a suspect’s juvenility to the JJB. The judges said this displays the government’s “hesitation” in “biting the bullet” on the demand for a stricter law to deal with minor criminals.
“Given the arduous task in front of them (JJB judges) and the short deadline, we cannot rule out the possibility of the juvenile board sending all minors between the ages of 16 and 18 to adult courts without a serious inquiry. This will be gross abuse of law,” said a judge.
“The proposed rule states that the board shall conduct a preliminary inquiry of a minor accused of heinous offences regarding the premeditated nature of such offence, the mitigating circumstances in which the offence was committed, the culpability of the child in committing such an offence, the child’s ability to understand the consequences of the offence, and whether he is a repeat offender – all within one month, when the earlier time period was six months,” said another judge.
“The judges will find it difficult as even an age determination test takes nearly three months,” the judge added. As per the amendments brought in by the Women and Child Welfare Ministry, “Since the assessment will be done by the Juvenile Justice Board which will have psychologists and social experts, it will ensure that the rights of the juvenile are duly protected if he has committed the crime as a child”.
The Centre’s step is being seen as a decisive step to curb crimes by minors which has witnessed a sharp rise in recent times
The juveniles cannot, however, be sentenced to death or life imprisonment. Under the Bill, the juvenile board will conduct an assessment of factors, including the “premeditated nature” of the offence and “the child’s ability to understand the consequences of the offence”. Based on the assessment, children can be prosecuted in an ordinary criminal court, and punished as adults if convicted.