Minors aged 16 years and above committing heinous crimes can be tried as adults as RS passes Juvenile Justice Bill

New Delhi: In a historic development that comes three years after the horrific gangrape and murder of Jyoti Singh, popularly known as Nirbhaya, the Rajya Sabha on Tuesday passed the long-awaited Juvenile Justice Bill which when becomes a law will enable minors aged 16 years and above to be tried as adults for heinous crimes.

The crimes for which juveniles can be trained as adults include rape, murder and terror related acts.

The Bill’s passage comes in wake of increasing protests over the release of the juvenile convict in the Nirbhaya gangrape and murder case.

The legislation, which was first introduced by Women and Child Development Minister Maneka Gandhi in August 2014, had already been passed in the Lok Sabha.

Several parties, including NCP, CPI (M) and DMK, pushed for sending the Bill to a Select Committee, arguing that further examination was required to decide whether the age for punitive action should be reduced to 16 years from the current level of 18 years.

However, the Bill was passed with an overwhelming majority from the members of the House – paving a way for many who are still awaiting justice in similar rape cases across the country.

Moving the Juvenile Justice (Care and Protection of Children) Bill for consideration and passage, Women and Child Development Minister said the legislation is “compassionate” and comprehensive in nature.

She claimed that juvenile crime is the fastest rising in India and requested the House to pass the Bill. Soon after the Bill was passed, Maneka welcomed the move and said that she is happy with the development.

In the amended Bill, the minimum punishment for a serious offence will be seven years in jail, while it will be below three years for petty crimes. Also, if a juvenile committed the crime along with adults, then he or she could face legal action in a regular court and not in a special court. The Bill also says that juvenile cannot be given death sentenced or life term.

Speaking to media persons, Nirbhaya’s mother Asha Devi said, “I am satisfied that the Bill has been passed in the Rajya Sabha but I am still unhappy that Nirbhaya didn’t get justice.”