Everything You Want To Know About The Juvenile Justice Bill

The demand for amending the Juvenile Justice Act gained momentum following the 2012 gang rape and brutal murder of a paramedical student in Delhi. While all his co-accused were awarded the death penalty, the minor convict in the case, whom the investigators said was the most brutal among the perpetrators, got away with three years imprisonment as he was tried under the Juvenile Justice Law.

1. The Bill, which seeks to replace the Juvenile Justice (Care and Protection of Children) Act, 2000, permits juveniles between 16-18 years of age to be tried as adults for heinous offences

2. Any 16-18 year-old, who commits a serious offence may be tried as an adult only if he is apprehended after the age of 21 years

3. The Bill seeks to establish Juvenile Justice Boards (JJB) and Child Welfare Committees (CWC) in each district of the country

4. The JJB will decide whether a juvenile offender is to be sent for rehabilitation, or to be tried as an adult

5. Penalties for cruelty against a child, offering drugs to a child, or abduction or selling of a child have been prescribed.

6. Experts differ on whether juveniles should be tried as adults. While some argue that the existing law is not a deterrent, others think a reformative approach prevents repeat offences.

7. Trying a juvenile accused of a heinous offence as an adult could violate Article 14 (right to equality) and Article 21 (laws fair and reasonable for all).

8. By proposing a higher penalty for the same offence if the person is apprehended after 21, the JJB is also against the spirit of Article 20(1)

9. The UN Convention on the Rights of the Child requires all signatory countries to treat every child under 18 as equal.

10. Some penalties provided in the Bill are not in proportion to the gravity of the offence.