MUMBAI: The Justice Verma Committee in the aftermath of the Nirbhaya gang rape in New Delhi last December said that the age of 'juveniles' ought not to be reduced to 16 years. But while there is a growing demand and even a public interest litigation pending in the Supreme Court on the issue of giving age of juvenility a fresh look, activists say law must be rushed into a change that would be harsh on childhood. Speaking days after an alleged rape by a 15-year-old in Navi Mumbai, prominent women's rights activist advocate Flavia Agnes believes that lowering the age would deprive childhood a chance.
" Based on a few incidents we cannot insist that the protection provided by law should be withdrawn and the age of juvenile under the Act should be reduced to 16,'' she said.
When a child is tried under the Juvenile Justice Act, the procedure is different - simpler-unlike a regular sessions trial and the child is dealt with compassion with reformation being the aim. "There are several social and financial reasons which make the child commit a crime. If all the children in this country get good education and upbringing, they will not commit crimes. But today our homes and also our state institutions function in such a way that the upbringing itself teaches children to commit the crime,'' said Flavia.
In the Nirbhaya case, the SC had in January made it clear that the juvenile allegedly involved cannot face trial with other accused like an adult even if the Juvenile Justice (Care and Protection of Children) Act 2000 is quashed as violative of the constitution. Activists said sent to a regular prison for even 14 or 20 years would make a hardened criminal out of a juvenile.
"Sending a juvenile to jail will not help the society or reduce crimes against women. We must examine the issue dispassionately and be much more kind and considerate towards children in our society,'' said Agnes. The Juvenile Justice (Care and Protection of Children) Act, 2000, amended in 2006 and 2011, governs cases that involve "delinquents," "juveniles in conflict with law" or "children in need of care and protection". The law is a social welfare legislation, that requires a child-friendly approach in handling such cases, activists pointed out.
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