I am against Juvenile bill, should not be passed: Ram Jethmalani

The Bill, which seeks to replace the Juvenile Justice (Care and Protection of Children) Act, 2000, allows juveniles between 16-18 years of age to be tried as adults for heinous offences.Any 16-18 year-old, who commits a serious offence may be tried as an adult only if he is apprehended after the age of 21 years.

New Delhi, December 22: Lawyer and former Bharatiya Janata Party (BJP) functionary Ram Jethmalani today expressed his disapproval towards passing the Juvenile Justice Act in the Parliament. The matter has come up for incessant discussion surrounding Nirbhaya rape case juvenile convict  getting released from prison following his three year sentence completion since 2012. Jethmalani said, “I don’t know if it will be passed, but according to me it shouldn’t be passed.” The Bill seeks to replace the Juvenile Justice (Care and Protection of Children) Act, 2000, permitting juveniles between 16-18 years of age to be tried as adults for heinous offences.

The Bill also seeks to establish the Juvenile Justice Boards (JJB) and Child Welfare Committees (CWC) in each district of the country. The JJB will decide if the  juvenile offender is to be sent for rehabilitation, or should be tried as an adult.(ALSO READ : Government keen to pass Juvenile Justice Bill: Ravi Shankar Prasad).  Penalties for cruelty against a child, offering drugs to a child, or abduction or selling of a child have been prescribe.

Experts differ on whether a juvenile should be tried as an adult. While some argue that the existing law is not a deterrent, others think a more reformative approach like this would  prevent repeating the offences. Some believe that trying a juvenile accused of a heinous offence as an adult could violate Article 14 – right to equality and Article 21 implying Protection of life and personal liberty.