Rajya Sabha passes Juvenile Justice Bill.
By Sreekanth A Nair
Amidst the huge public outcry and discussions going on across the country on the release of the juvenile convict in the 2012 Delhi gang-rape and murder case, Rajya Sabha on Tuesday passed the Juvenile Justice Bill which now would allow prosecuting 16-to-18-year-old juvenile convicts as an adult in case of certain crimes.
The Juvenile Justice (Care and Protection of Children) Bill was passed in the Rajya Sabha with a voice vote. Lok Sabha had passed the bill earlier.
According to the act, an expert panel under Juvenile Justice Board will examine whether the crime committed by the minor is child-like or he had an adult frame of mind while committing the crime. Then only the decision regarding the trial of the convict will be taken.
Women and Child Development minister Maneka Gandhi reiterated that no juvenile will be sent directly to jail if the act comes into force.
After the bill passed, Gandhi, who had moved the bill said, “I’m happy that everyone supported the Juvenile Justice Bill and want to thank everyone.”
The parents of Jyoti Singh, known as Nirbhaya for long to protect her identity, who was gang-raped and murdered in Delhi in 2012, expressed satisfaction over the passage of the bill. They were present at the Parliament session that passed the bill.
“I am satisfied but sad that my daughter couldn’t get justice,” said her mother Asha Devi.
“At least, the new law will keep children and women safe in the future, but justice has not been done to our daughter,” she told Firstpost.
“Juvenile Justice Bill which has been passed in RS is a tribute to our daughter,” Nirbhaya’s father was quoted as saying by The Times of India.
The bill also has a provision to prosecute minors between 16-18 years as adults for less serious crimes, if they are arrested after attaining the age of 21.
If a juvenile is sent to an adult jail, he will be sent to a borstal till he become 21 and then there will be a review.
The juveniles also have the option to approach a higher court even if they are sent to an adult jail.
However, left parties walked out of the Parliament, arguing that the bill had to be a Select Committee before moving it in Rajya Sabha. Seven parties including the NCP and the DMK also had raised the same demand.
But Gandhi said, “this is a very nuanced Bill… some people are over simplifying this bill. If it is perceived that it was a thought-out, adult and planned crime, it would not be considered a child-like crime.”
The bill, however, cannot be applied in the Delhi gang-rape case as it doesn’t have retrospective effect.