Juveniles Committing Rape Should Be Tried As Adults

Juveniles Committing Rape Should Be Tried As Adults: Urgent Need For Amendment to the Juvenile Justice Act

Women and Child Welfare Minister Maneka Gandhi has recently announced that she is working to ensure juveniles who commit rape should be tried as adults. This has not gone down well with NGOs which are holding that this is a violation of child rights. The minister is personally working to ensure that 16-year-olds are brought under the purview of the Juvenile Justice Act.

The minister is putting forth this view because 50% of the crimes are committed by 16-year-olds who know the Juvenile Justice Act according to the police. This means that the offenders are exploiting the law to commit heinous crimes against women. Premeditated murder by juveniles is also on the rise. Crime syndicates may even be hiring youngsters to commit crimes with the aim of exploiting the loopholes in law.

A counter-view was put forth by the Justice Verma Committee followign the 2012 Delhi gang-rape case that the age ceiling of 18 must be maintained as reformation is the aim of the Juvenile Justice Act. Former WCD minister Krishna Tirath had said the juveniles above 16 years of age guilty of heinous crimes should be treated at par with adult offenders.

This proposal was staunchly opposed by the National Commission of Protection of Child Rights and many NGOs. But they should consider the pain and suffering of the victims as well, many of whom are juvenile.

Neither is there any recourse for families of victims who have been heinously raped and murdered. The fresh trial of the accused who was earlier tried as a juvenile in the December 16 gang-rape case was opposed on the ground that the same person cannot be tried twice for the same offence.

What of the justice for the victim of the gang-rape? What of Nirbhaya's family who now watches as the accused who was a juvenile at the time of the act is now reaping the full benefits of the same under the Juvenile Justice Act? The Ministry clearly stated in its affidavit that under Article 20 of the Constitution and Section 300 of the Criminal Procedure Code, no trail can be held for the same offence again and that “the second prayer does not survive nor was sustainable”.

The government at that time had held that the aim of the juvenile law was to ensure rehabilitative and restorative objectives. But the question arises as to whether those committing such heinous crimes even deserve rehabilitative care? Consider the trauma of the victims of 2 cases of gang-rape inide the Mahalaxmi Shakti Mills compound. They sought an amendment to the Juvenile Justice Act. Th e two women victims struggled to cope as the hearing proceeded.

The 23 year old photojournalist who was a victim of the rape fainted when clips were shown to her as part of evidence gathered during the case. Even though the amendment in the Juvenile Justice Act does not benefit them, the 2 women victims have sought the same aided by NGO Majlis which is legally aiding them, so that future victims of sexual offences do not have to suffer the pain and abuse that they did. It is high time the ministers, NGOs and decision makers hear their call for help.