Juveniles Involved In Murder, Rape May Be Tried As Adults

[Sidhu...Sidhaarth Roy]

NEW DELHI: After doggedly turning down arguments for having a graded response to crimes by juveniles, depending on the gravity of their crime and the juvenile's age, the government is finally coming around to the view the juveniles above 16 years involved in heinous crimes, like murder or gang rape, should be tried as adults under the Indian Penal Code.

The change in the outlook of the women and child development (WCD) ministry has happened after a series of consultations with experts and after looking at the practice in developed societies. Now the WCD ministry has firmed up its view that juveniles in the age bracket of 16 to 18 years committing heinous crimes should not have the protection of the Juvenile Justice (JJ) Act.

Explaining the change in the WCD ministry's view, an official source said, "There is an increasing trend of offenders arrested for crimes like gang-rape and murder seeking lower punishments on the plea that they have not yet reached 18 years of age." The Nirbhaya case apart, the Mumbai Shakti Mills gang rape and a recent gang rape in Guwahati have stood out for the involvement of juveniles in the heinous crime.

Several developed countries, including the UK, US and France, adopt a graded response to heinous crimes by juveniles. Around 20 US states allow them to be tried as adults. For instance, in Florida a 13-year-old boy, accused of beating a half-brother to death while sexually abusing another aged five, was charged as an adult in 2012.

In The UK, a person under 17 (the cut-off for juveniles there) can be tried as adult in serious offences like sexual assault, child sex offences and sexual activity withy a child family member. France has a separate Juvenile Assize court to deal with serious offences committed by minors in the 16-18 age bracket.

In India, the juvenile irrespective of the nature of his crime is protected by the JJ Act under which heinous crimes like murder and gang-rape attracts a maximum punishment of a three-year term in a reformatory. In its study, the WCD ministry has also found that the term in reformation homes doesn't necessarily lead to behavioural correction in juveniles.