Maha may lower juvenile age to 15 in cases of heinous crimes
We have asked the public health department to check on aspects such as psychology, age of maturity and growth and submit a report.
DEEPAK KESARKAR, MOS Home
MUMBAI: The state government is considering reducing the age below which a person is considered a ‘ juvenile’ to 15 years in case of heinous crimes.
The home department has been directed to prepare a report with opinions from the public health and law and judiciary departments before such an amendment is initiated.
Minister of state for home, Deepak Kesarkar, said the government was seriously considering lowering the age because of a rise in the number of criminals from this age group. He said the state government would recommend that the Centre incorporate the amendment in the Juvenile Justice Care and Protection for Children Act.
The Centre had already passed a similar amendment to the Act in December 2015, which lowered the age for trial from 18 to 16 years.
“We have asked the public health department to check on aspects such as psychology, age of maturity and physical growth and submit a report. Similarly, the law and judiciary department will check on legal aspects. We will recommend the amendment to the Centre,” Kesarkar told HT.
The government’s move, however, could lead to controversy as a section of society is against lowering the age.
“It was amended the Act two years ago against the backdrop of the Nirbhaya rape case in 2012. The Centre already debated and deliberated intensely before bringing the age down to 16,” said an official.
“It would be a regressive step. First of all, India is a signatory to a United Nations agreement safeguarding juvenile rights. Secondly, by trying these children as adults, you are denying them the right to reform. If tried under the Indian Penal Code, there is no age-wise category to monitor or assess first-time offenders. They will also be denied the right to higher education, jobs and a normal life,” said Advocate Bina Tendulkar, who is former member of child welfare board.
After an amendment in the Parliament, children between 16 and 18 years, who commit crimes, can be tried as adults, but only after Juvenile Justice Board conducts a preliminary investigation of the crime.