On June 4, India witnessed a new turn of event under the Juvenile Justice (Care and Protection of Children) Act 2015.the Juvenile Justice Board in Delhi ruled that a teenager who allegedly ran over a 32-year-old marketing executive, Siddharth Sharma in the city while driving his father’s Mercedes can be tried as an adult.
This is the first case to this effect after the amendment of JJ Act in 2015. The Board ruled that the offence allegedly committed by the juvenile was “heinous, the circumstances show the teenager was “mature enough” to understand the consequences of his act. Thus the court transferred the case of the boy to a city court though he became an adult four days after the incident.
The incident took place on April 4 in North Delhi’s Civil Lines area leaving the family helpless as the victim was the only hope for the family. Though there are divided opinions on the ruling, according to me the Board has implemented the amended provisions of the JJ Amendment Act 2015 to decrease crime by juveniles in the country.
The hope of law enforcers is that the amended law will effect a change in the behaviours of the legal juveniles, or those under the age of 18 who cannot be tried in the regular courts. Their argument is that between December 2012 and January 2015, when the age for trial as adult was lowered to 16, the incidence of crimes from murders and contract killings to brutal rapes and extortion committed in the capital by minors kept shooting up.
A major crime committed by a juvenile in rape and murder of Nirbhaya in 2012 is still very fresh in the mind of the citizens. Thereafter we have witnessed series of crimes by juveniles like, in 2013 a group of five minors, who escaped from a city juvenile home amid rioting and arson, have murdered a jeweller’s wife in Mayur Vihar and fled with 50kg of silver jewellery and 1 million rupees cash from the house.
In 2015, three shooters who were borderline juveniles fired indiscriminately in a room at the Karkardooma Court complex killing a police man and critically injuring their target –a notorious criminal, who was being produced in the court.
In the same year on October 17 two juveniles allegedly raped a toddler after kidnapping her in Nangloi. In 2016, two juveniles allegedly shot an Uber driver in Mundka area and fled with the car after dumping the body. On March 24 the same year four minors were found to be involved in a case in which a doctor was beaten to death in Vikaspuri
National Crime Record Bureau states juvenile crimes has increased by over 47 percent in the past 5 years, the government told Rajya Sabha in February. Under IPC number of crimes by juvenile in 2012- 35,464, in 2014: 42,566. The year 2014 witnessed 33,981 murders of which 841 (2.5 percent) were committed by juveniles. Of 36,735 rapes, 1,989(5.4 percent) were committed by minors.
Amid such increasing crimes by juveniles the ruling by the Juvenile Justice Board brings hope and safety to citizens.
The brutal gang rape of a young woman in the heart of the nation’s capital in the late evening December 16, 2012 and the outcry of civil society, led by the youth against the failure of government to provide a safe and dignified environment for the women of India forced the Central Government to constitute a committee to recommend amendments to women laws.
The committee submitted its report on January 23, 2013. It made recommendations on various laws related to women. After much debate and arguments the Bill was passed in the Parliament on March 21, 2013. Thus the Criminal Law Amendment Act 2013 came into effect on April 2 the same year.
However, December 20, 2014 was the ‘Black Day’ for women and men of this country as the juvenile in the said heinous crime walked out free from a reformation centre after 3 years due to lack of law.
Along with the grieving parents, many citizens protested against his release. Central Government objected. The High Court could not prevent his release. Delhi Women’s Commission filed a petition in the Supreme Court against his release.
Even the Supreme Court could not do anything but stated “Though we feel with the parents and others our hands are tied due to lack of law in the land.” The juvenile was entrusted to an NGO and many wept while the victim’s parents cried their daughter Jyoti Singh did not get justice.
However on December 22, the nation got hope as the Rajya Sabha passed ‘The Juvenile Justice (Care and Protection of Children) Bill, 2015’ by a voice vote amidst various views.
Though the Parents of the victim Asha Deviand Badrinath Singh felt their daughter did not get justice, they expressed happiness over the Bill.
According to Section 5 of the JJ Act if an inquiry has been initiated in respect of a minor who is below 18 years of age and during the course of such inquiry, the child completes the age of eighteen years, then the inquiry may be continued by the Board and orders may be passed in respect of such person as if the person is a child.
In the case marketing Executive Siddharth Sharma, the alleged accused has completed 18 years of age after 4 days of the incident and if he had to be tried under the old law he would have got maximum 3 years in a reformation home as the juvenile in Nirbhaya case
But a new amendment is brought about under Section 15 and 18 of the Act 2015 that if a minor allegedly commits a heinous offence, who has completed or is above the age of 16 years, the Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence, and may pass an order that there is a need for trial of the said child as an adult, then the Board may order transfer for the trial of the case to be Children’s Court having jurisdiction to try such offences.
The new law cannot apply retrospectively and the juvenile in Jyoti Singh (Nirbhaya) rape case could not be brought under the ambit of it. It is undisputed that there are pros and cons of the Act. However any law has to instil fear in the citizens/juveniles.
Though law is amended to provide provision to try juveniles aged 16-18 who commit a heinous crime as adults, now the question is what will happen to the juvenile who may commit a crime who is below 16 years of age as it was reported few days back a 10 year old boy raped a 3 year old girl in Delhi.
Of course I believe law is changing. Any law has to change according to the needs of the time. The Government has to bring in new laws. This ruling for sure not only instill fear in the juveniles but also in the adults who encourage or higher children for committing crimes.