Maha govt may lower juvenile age to 15 years
The Maharashtra government is considering reducing the age of juveniles 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 children from this age group committing rape and murder. He said the state government would recommend the Centre incorporate this change as an amendment in Juvenile Justice Care and Protection for Children Act.
The Centre has 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 Hindustan Times.
He said the step was taken on the basis of recommendations
STATE WAS MULLING LOWERING THE AGE FOR TRAIL AS A MINOR DUE TO A RISE IN NUMBER OF CHILDREN FROM THIS AGE GROUP COMMITTING RAPE AND MURDER
made by a committee under retired judge CS Dharmadhikari, which suggested a slew of measures for the safety of the women. He submitted five reports to the state government during the Congress-led government.
The government’s move, however, could lead to the controversy as a section of society is against lowering the age of juveniles. An official from the home department said even if the state government recommended it to the Centre, it will be very difficult to get a nod.
“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 (IPC), there is no age-wise category to monitor or assess first-time offenders,” said Advocate Bina Tendulkar, who is former member of child welfare board.