Juvenile Justice (Care and Protection of Children) Bill, 2015

Passed in Rajya Sabha: Pros and Cons

Introduction
The Juvenile Justice (Care and Protection of Children) Bill, 2015 was
debated in the Rajya Sabha on 22 December 2015, with the aim of
permitting juveniles between the ages of 16-18 years to be tried as adults
for heinous offences and will replace the existing Juvenile Justice (Care
and Protection of Children) Act, 2000.
The issue came into limelight when it was discovered that the most
gruesome individual involved in the 2012, Nirbhay case was below the age
of 18 and was hence tried by the Juvenile Court.
As per the law of the land, he was given three years of imprisonment in a
Reform Home on 31 August 2013. The individual has already completed
his term and is now free to be released.
Further, there has been a sharp rise of 13% in the cases of juvenile crimes
during 2012-13 and cases of assault on women by juvenile criminals has
reportedly gone up to 132.3%.
National Crime Records Bureau (NCRB) statistics show that around 3,887
juveniles had allegedly committed heinous crimes during the year 2013.
In view of the foregoing, a need was felt to amend the existing Juvenile
Justice Law and make it more stringent, though it has its own pros and
cons.
Hence, Juvenile Justice (Care and Protection of Children) Bill, 2015 was
drafted by the Ministry of Women and Child Development in 2014.
The proposed Bill went through the scrutiny of a Standing Committee and
was thereafter passed in Lok Sabha on 07 May 2015 amidst intense
protest by several Members of the Parliament.

Establishment of Justice J.S. Verma Committee

Consequent to the Delhi rape case of 2012, a three-member Commission,
headed by former Chief Justice of India, Justice J.S. Verma was assigned
to review the laws pertaining to sexual crimes committed against women.
Justice Verma Committee submitted its report to the Government in
January 2013.
The Criminal Law (Amendment) Act, 2013
Based on the recommendations of the Justice Verma Committee Report on
12 April 2013, the Criminal Law (Amendment) Act, popularly known as
the Anti Rape Law was passed after the Presidential assent.
The Act provides for amendment of Indian Penal Code, 1860, the Code of
Criminal Procedure, 1973, the Indian Evidence Act, 1872 and the
Protection of Children from Sexual Offences Act, 2012.
Salient Aspects of the Anti Rape Law
Age of Consent or the legal age at which a person is considered competent
to give sexual consent (sexual intercourse) has been lowered to 16 years
from 18 years.
Marital Rape or the forceful sexual acts committed without the consent of
the partner would not qualify as offence if the wife is more than 16 years of
age.
Protection against disclosure of identity is provided to the victim. The same
would also extend to victims of repeat offenders.
Judicial magistrate will undertake special procedures to assist differentlyabled persons in identification of the accused and the identification process
to be video graphed.

In case of acid attack, sexual harassment, disrobing, voyeurism, outraging

a womans modesty, rape (of all kinds) information would be recorded by a
woman officer.
Men below 15 years of age and women are not required to give evidence at
a police station. In such case evidence may be taken from home.
Judicial Magistrate to record statement of the victim immediately after the
police is informed in case of acid attack, rape, sexual harassment,
disrobing, voyeurism etc.
In case the victim of rape or a sexual offence is less than 18 years of age
care would to be taken that she is not confronted by the accused.
Fast track the trails, i.e. trail must be completed within two months of filing
of the charge sheet.
All marriages in India (irrespective of the personal laws under which such
marriages are solemnized) will be mandatorily registered in the presence of
a magistrate.
Highlights of the Juvenile Justice (Care and Protection of Children)
Bill, 2015
Mrs Maneka Gandhi, the Minister of Women and Child Development, has
been the prime-mover for the formulation of the new legislation and she
introduced the Bill in Rajya Sabha on 22 December 2015.
She highlighted that the new legislation is more aligned to the concepts
from the Hague Convention on Protection of Children and Cooperation in
Respect of Inter-Country Adoption, 1993 and would cater to introduction of
foster care by making the adoption process of orphaned, abandoned and
surrendered children more streamlined.
The Bill would replace the Juvenile Justice (Care and Protection of
Children) Act, 2000 and addresses children in conflict with law and children
in need of care and protection.

The Bill permits juveniles between the ages of 16-18 years to be tried as
adults for heinous offences.
A Juvenile Justice Boards (JJB) and Child Welfare Committees (CWC) are
proposed to be constituted in each district with psychologists and
sociologists on its panel.
The JJB will conduct a preliminary inquiry to determine whether a juvenile
offender is to be sent for rehabilitation or be tried as an adult.
The CWC will determine institutional care for children in need of care and
protection.
Penalties for cruelty against a child, offering a narcotic substance to a child,
and abduction or selling a child have been prescribed.
Reasons for Criticism
Some sections of the society feel that existing Juvenile Justice Law is
purely rehabilitative and reformative rather than being punitive and its
revision is essential to induce the deterrent value for heinous criminals.
The Child Rights Activists and Women Rights Activists, on the other hand,
argue that it is a regressive step to temper with the existing Juvenile Justice
Legislation, as it is felt that a Juvenile lodged in a prison for adults will
make him into more hardened criminals.
However the proposed law has a provision, that any juvenile aged between
16 and 18 years will stay in Borstal, an institution meant for housing
adolescent offenders, till the age of 21 whatever be the sentence.
Bill was also criticized for prescribing an opaque Age Determination System
and called for greater deliberation.
The provision of trying a juvenile committing a serious or heinous offence
as an adult based on date of apprehension may violate the Article 14 (right

to equality) and Article 21 (requiring that laws and procedures are fair and
reasonable).
The provision of trying a juvenile as an adult contravenes the United
Nations Convention on the Rights of the Child (India is a signatory), which
mandates that every child under the age of 18 years be treated as equal.
Conclusion
Finally, the Bill was passed in Rajya Sabha late evening on 22 December
2015 and paved the way for juveniles between the ages of 16-18 years to
be tried as adults for heinous offences.
Though Nirbhay did not get justice as the Act is not applicable
retrospectively, but it shall give peace to her soul and some kind of closure
to her parents who were the spirit behind this amendment.