A parliamentary standing committee on Wednesday tore into the government’s move to amend the Juvenile Justice Act to allow minors above the age of 16 to be tried in courts of law as adults. The committee noted that “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”. It also warned against misquoting and misinterpreting statistics on juvenile crime.
In August, the cabinet agreed on the amendment by which the Juvenile Justice Board would decide whether the minor involved should be sent to an observation home, as all juvenile delinquents are under the present system, or to a criminal court. A convicted minor, however, could not be awarded the death sentence or life imprisonment.
The amendment was triggered by a spate of reporting of crimes against women and was aimed at curbing sexual violence. Women and Child Welfare Minister Maneka Gandhi said, while working on the amendment, that “according to the police, 50 percent of all sexual crimes are [committed by] 16-year-olds, who know the Juvenile Justice Act so they can do it”.
However, the parliamentary standing committee examined the crime records and found that only the rate of juvenile crime in India was very low at 1.2%. “It is evident that juvenile crime is a minuscule proportion of total crime committed and that the same is not significantly increasing. Such small numbers can most easily be dealt with under the Juvenile Justice System with appropriate infrastructure and human resources,” the committee said in its report.
Even in the case of rape, National Crime Records Bureau data shows that instances of juvenile rape have formed less than 6% of all registered cases of rape, and not 50% as Gandhi claimed.
Child rights activists are cheering the development calling it a big win for juvenile justice in India. “We very encouraged with the report of the Parliamentary Standing Committee,” said Nicole Menezes, director of the NGO Leher and member ProChild coalition. “It has taken a firm and decisive stand against the Ministry of Woman and Child Development's proposal to transfer children to the adult court system. It made it a point to highlight that such a move on part of the government, would go against its constitutional and international obligations.”
Vasudeva Sharma, executive director of Bengaluru-based Child Rights Trust, also welcomed the parliamentary committee’s stand but pointed out to the persistent and mammoth challenge of lack of infrastructure and human resources to deal with juvenile criminals. “It is a testing time for NGOs working in juvenile justice, child protection and correction,” he said. “Although there is a lot of talk that these children must be corrected the system doesn’t have any machinery or procedures to help these children. If you look at any juvenile home today it’s more like jail than a place for rehabilitation.”
The parliamentary committee has categorically said that there is no need to subject persons under the age of 18 to an adult judicial system or a different judicial system than the one in place. The committee will allow the bill to pass after its suggestions have been incorporated.
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In August, the cabinet agreed on the amendment by which the Juvenile Justice Board would decide whether the minor involved should be sent to an observation home, as all juvenile delinquents are under the present system, or to a criminal court. A convicted minor, however, could not be awarded the death sentence or life imprisonment.
The amendment was triggered by a spate of reporting of crimes against women and was aimed at curbing sexual violence. Women and Child Welfare Minister Maneka Gandhi said, while working on the amendment, that “according to the police, 50 percent of all sexual crimes are [committed by] 16-year-olds, who know the Juvenile Justice Act so they can do it”.
However, the parliamentary standing committee examined the crime records and found that only the rate of juvenile crime in India was very low at 1.2%. “It is evident that juvenile crime is a minuscule proportion of total crime committed and that the same is not significantly increasing. Such small numbers can most easily be dealt with under the Juvenile Justice System with appropriate infrastructure and human resources,” the committee said in its report.
Even in the case of rape, National Crime Records Bureau data shows that instances of juvenile rape have formed less than 6% of all registered cases of rape, and not 50% as Gandhi claimed.
Child rights activists are cheering the development calling it a big win for juvenile justice in India. “We very encouraged with the report of the Parliamentary Standing Committee,” said Nicole Menezes, director of the NGO Leher and member ProChild coalition. “It has taken a firm and decisive stand against the Ministry of Woman and Child Development's proposal to transfer children to the adult court system. It made it a point to highlight that such a move on part of the government, would go against its constitutional and international obligations.”
Vasudeva Sharma, executive director of Bengaluru-based Child Rights Trust, also welcomed the parliamentary committee’s stand but pointed out to the persistent and mammoth challenge of lack of infrastructure and human resources to deal with juvenile criminals. “It is a testing time for NGOs working in juvenile justice, child protection and correction,” he said. “Although there is a lot of talk that these children must be corrected the system doesn’t have any machinery or procedures to help these children. If you look at any juvenile home today it’s more like jail than a place for rehabilitation.”
The parliamentary committee has categorically said that there is no need to subject persons under the age of 18 to an adult judicial system or a different judicial system than the one in place. The committee will allow the bill to pass after its suggestions have been incorporated.