Juveniles will be tried as Adults for commission of ‘Heinous Crime’: Cabinet’s decision to bring amendment in the JJCPC Act

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New Delhi: Union Cabinet cleared the proposal wherein the Juveniles within the age group of 16 to 18 years will be tried under the laws as adults, in respect of charges of heinous crimes. The said proposal was cleared by Cabinet by rejecting the recommendations of Parliamentary committee.

The said proposals are in the form of amendment which is being approved by the Union Cabinet, in the Juvenile Justice (Care and Protection of Children) Act, wherein the juveniles from the age group of 16 to 18 years can be tried within the provisions of Indian Penal Code, 1860 as an adult, in case they are being accused of Heinous Crimes, said by Mr. Ravi Shankar Prasad, The Communication Minister, after the meeting of Cabinet.

Such changes will be included in the Amendment Bill of 2014 being The Juvenile Justice (Care and Protection of Children) Bill 2014, in the current Parliament session.

As per Government, the determination or assessment in respect of such acts of juvenile within the concerned age group, will be done by the Board, which will comprise of experts in Psychology and Social experts. The rights of Juvenile will be ensured to be duly protected when the crime was committed by his as a child. The Assessment will finalized that whether the Juvenile should be tried as an ‘adult’ or as a ‘child’ as such the trial of the case will be moved on the basis such assessment.

The proposals of bring change by amendment to the existing provisions will further reinforce the principles of determining trial of such Juveniles indulging with heinous acts by introducing New provisions, as per the Government.

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Moreover, the proposal is also appear to remove the provisions of Clause 7, wherein the trial of an adult person whose age is above 21 years in respect of his committing any ‘serious’ or ‘heinous’ offence while his age was between 16-18 years, and also includes the amendment of provisions to enhance the time period of ‘Preliminary inquiry’ by the Juvenile Justice Board- JJB in relation to the cases of Heinous offences committed by Juveniles from the age group of 16-18 years.

Further, the proposed changes also includes the establishment of a statutory status for the ‘Child Adoption Resources Authority- CARA’ for streamlining the procedure of adoption, for orphaned abandoned and surrendered Children.

Also there are proposals in the upcoming legislation, for the measures of rehabilitation and social integration for institutional and even non-institutional Children. Similarly, there will be added new list of offences relating to corporal punishments in child care institution, illegal adoption, children’s use in militant activities, etc. and also offences against the disable child will be seen provided in the upcoming amended law.

Besides all these, changes in the existing law, the proposals for amending it will also seen providing many more in relation to the Juveniles protections, etc.

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by Faim Khalilkhan Pathan.