With the Juvenile Justice Bill all set to be introduced in the Lok Sabha in the coming week, child rights activists and policy makers have voiced their protest on criminalising the lives of children. The Juvenile Justice (Care and Protection of Children) Bill, which will try juveniles in the age group of 16 to 18 years accused of heinous crimes under laws for adults, was recently cleared by the cabinet overruling the recommendations of a parliamentary panel that suggested a reexamination.
Following the uproar after the December 16 gang-rape and murder of a paramedic in Delhi, there was a clamour to punish juveniles between the age of 16 to 18 years as per adult laws. According to the Bill, if a juvenile has committed a heinous crime, the issue will be examined by the Juvenile Justice Board to assess if the crime was committed as a 'child' or as an 'adult'. The trial of the case will take place accordingly by the board which will consist of psychologists and social experts.
Activists, however, feel that the government is simply trying to pass the buck on to children. "The media highlighted the role of juveniles in Delhi's December 16 and Mumbai's Shakti mills cases, and by doing so, roused the debate. The government, in answer to the protests came up with the argument that the Bill, simply put, looked at cutting the costs of refurbishing and maintaining juvenile remand homes instead of reforming the child. So, they just sought to put children in adult jails," says Bharati Ali of Haq, Centre for Children.
The standing committee, head by Union health minister JP Nadda which was formed in February this year, to study the Bill had rejected many recommendations put by the ministry of women and child development. It noted that Bill was in violation of article 14 and 21 of the Constitution, and the United Nations Convention of the Rights of the Child. "We found that the proposed law does not warrant social justice as it claims. Instead, it seems to be shifting accountability to the child. Children cannot be treated at par with adults. When it comes to children, the government and the law has a greater responsibility of reform," said Rajya Sabha MP Tiruchi Siva, who was a member of the standing committee.
As per the UN Convention of the Rights to the Child, to which India is a signatory, there is an "obligation of all state parties to move quickly to prohibit and eliminate all.. cruel or degrading forms of punishment of children". It must be noted that the last NDA government increased the age of juvenile culpability to 18 years.
Child rights activist Anant Asthana, who was part of the drafting committee of the JJ Act (2000), said that the same accountability can never apply to children. "Even if a child has carried out a heinous act, the degree of culpability is different. Apart from the ethical principle, doing this is in the interest of the society or state. Criminologists will tell us that criminalisation of the youth will lead to more crimes. On the other hand, even though the existing law has a pragmatic approach to public safety, it is not oblivious to it," said Asthana.
