New Delhi: It is said that, ‘Change is the Un-changing law of the nature’, which means change is undeniable fact of nature and due to change in the social values, everything including law required to be changed. As such, an apex judicial authority, Hon’ble Supreme Court of India now has felt a need to have re look over the laws dealing with Juveniles relating to the serious issued like offence of Murder, offence of Rape, etc.
It was asked by Hon’ble Supreme Court to the Attorney General M. Rohatgi, to put the question to the Government and present at the Court with the answer taken out of there. The Court has required the answer on the same in the month this May.
The Hon’ble Supreme Court has observed that the time had come to make changes in laws concerning serious crimes where the offenders seems from juvenile group.
The question was arose to the Hon’ble Apex Court while dealing with the criminal appeal came out of case of Murder, where an eighteen years offender from Haryana challenged his conviction i.e. life imprisonment and claimed the same to be reduced, looking to his age of minority. It was also challenged by the offender that the ordinary or regular Court should not have tried his offence.
The same question was at many occasion appeared to the Court and it has already sent the query to the Government for its view, but yet with no effect.
The Delhi Gang-rape case of the year 2012 was the biggest example, where the out of the 6 accused persons, one was of 18 year of his age, who was along with the others charged with the case of committing gang rape, torture and killing the female student. The demand for implication more rigorous punishment against that offender was seen in the protests which were set up internally, looking to the seriousness of crime he was involved.
Hon’ble Apex Court has already provided his opinion on the Juvenile laws and has also said that it is Government now to change the same.
Looking towards the part of the Government it can be seen that, it has drafted a Bill containing provisions to the effect that there should be an authority with the Juvenile Justice Board to determine the question regarding the matter of persons under the age of 18 year and above 16 years of their age should or should not be subjected to proceedings at ordinary courts or otherwise to be sent at Observation homes.
by Faim Khalilkhan Pathan.