There was a strong opposition from the public, when a juvenile accused, involved in the horrible rape case of Nirbhaya in Delhi was released after getting three years imprisonment in juvenile home, because he was a juvenile. If the amendment of juvenile law was approved soon after the Delhi rape incident, that juvenile would have been punished, according to the Adult Criminal Justice law and jailed, for committing a gruesome crime.
Now, the Juvenile Act, passed by our Parliament, bringing down the age to 16 years from 18 years, to treat them like adults in heinous crimes is having no perfection at all, because such juvenile offenders case has been left to the Juvenile Justice Board (JJB) to decide, whether that child can be placed, in the adult criminal justice system. This is not at all a proper act, to appreciate, because when the incidents take place frequently, in which juveniles are involved, in most of the cases, why JJB should be given powers to decide, whether or not that juvenile can be considered for the adult system? The courts are competent to punish them, when they are given adulthood, by the Act.
If there is mercy from certain sources not to punish juveniles, like adult criminals, because they are innocent and have no mental maturity, then how can the juveniles get that sense or knowledge towards the sex-related crimes like rapes? The sources, expressing mercy over the juveniles, should answer. In the Delhi rape incident, the juvenile was a much worse rapist, than other adult offenders.
Hence, a further amendment is still needed to try the juvenile rapists, by the Sessions Court, instead of sending them to the JJB, to decide, whether to send them to the adult criminal justice system. Since the present amendment is very feeble and the law does not permit the Superior courts to entertain appeals, to punish the Juvenile rapists, a new law is badly needed.
Some psychologists say that juveniles cannot take a judgment between good and bad and cannot have the ability to have value judgments, before completion of 18 years of age. This is infact, in conformity with the UN Convention on child rights, to which India is a member. But, such convention, should not be applicable to the present Juvenile Act, passed by Parliament, which after considering all the circumstances that lead to the increasing cruel crimes like rapes committed by the Juveniles, approved this law (which could have been given a better shape with present tough situations).
