राष्ट्रीय (09/08/2014) 
Juvenile Age, not an escape any more: Crime to decide the infliction.
 August 2014, Centre for Public Policy, New Delhi

Eighteen is the segregation line that law has drawn for protecting minors; the age factor which encompassed the action is taken as a major parameter in deciding a person’s ability to commit a crime. Reconsidering the solemnity of the crime undertaken by minors, the Union Cabinet approved to amend the Juvenile Justice Act. This Act will empower Juvenile Justice Board to decide on whether a juvenile above 16 years involved in heinous crimes such as rape, murder is to be sent to an observation home or tried in a regular court. Authorities plans to introduce the bill in the current session of Parliament.

But what remains unchanged is the fact that in case a juvenile undergoes a regular trial, he can't be sentenced to death penalty or life imprisonment.

The Women and Child Welfare Minister, Maneka Gandhi had earlier in July, taken the matter forward in the JJ Act. She said that “juveniles who commit heinous crimes like rape should be treated at par with adults. She also mentioned that according to the police, 50 per cent of all sexual crimes were committed by 16-year-olds who know the Juvenile Justice Act so they can do it. She also said that she would bring changes in the law and the process would be personally monitored by her.”

The much-awaited change in legislation was needful due to increasing number of rape cases encountered over the last two years, in which minors were found to be involved. Out of the long list of such incidents, the most infamous was the Nirbhaya gang rape of 2012, where the worst perpetrator was allegedly a juvenile offender and due to ‘18 year law escape’  he was allowed to walk free just after a three-year stint in the special home.

The Ministry for Home Affairs revealed that the number of juvenile criminals is on a speedy rise in our country. A shameful fact revealed that rape tops the list of heinous crimes committed by juveniles in our country.  It’s devastating to know that 75,801 cases were registered against juveniles for various offences between 2010 and 2012 out of which, 10,007 cases were classified as heinous crimes. These cases were highly dominated by 3,182 rape cases accounting for nearly 32 percent of the heinous crimes committed by juveniles. In 2010, 858 rape cases were reported against juveniles. A sharp increase was witnessed in the number of rape cases involving juveniles in succeeding years with 1,149 cases in 2011 and 1,175 in 2012.

It’s high time that we understand the heinous crimes such as rape, murder etc are the crimes which totally disrupt the victim life including the family and if it's a rape case then it becomes a lifelong canker for the girl and her family. Even after being accused in a dreadful crime and proven guilty, Juvenile offenders get the liberty to walk free after serving a minimal period in special homes. The juveniles who commit crimes of such gravity should not be left to walk free after serving a minimal period in special homes. It’s the correct time to open our eyes and support the government in deciding the minor on the gravity of the offence committed and not merely on the age.

CPP believes that such an initiative of government to restore the rights of a victim will prove highly beneficial in setting benchmark for the juveniles who take the shield of the word ‘minor age’ and commit unlawful and inhuman crimes.

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