The Union Cabinet has cleared a proposal to try juveniles in the age group of 16-18 years, who are accused of heinous crimes, under adult laws on Wednesday.
The Cabinet has approved amendments to the Juvenile Justice (Care and Protection of Children) Act, whereby juveniles in the age group of 16-18 years can be tried under the Indian Penal Code, if they are accused of heinous crimes.
— Ravi Shankar Prasad, Communication Minster
Overruling the recommendations of a Parliamentary Standing Committee, the Women and Child Development Ministry had decided to go ahead with the proposal.
The issue was brought before the Cabinet a fortnight ago, but was dropped from the agenda at the last moment. It was decided that an informal group of ministers will examine the issue.
The Supreme Court had also recently observed that there was a need to re-look at the provisions of Juvenile Justice Act in cases where the accused have committed crimes like rape, murder, dacoity and acid attacks.
According to the official statement released after the Cabinet meeting, the new proposed Act (the amendment bill) says that in case a heinous crime has been committed by a person in the age group of 16-18 years, it will be examined by the Juvenile Justice Board to assess if the crime was committed as a child or as an adult.
The Board will have psychologists and social experts which will ensure that the rights of the juvenile are duly protected if he has committed the crime as a minor. The trial of the case will accordingly take place as a juvenile or as an adult on the basis of this assessment
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