Children in conflict with law

 Juvenile Justice Bill 2015

Child Conflict with law, Juvenile Justice Law,

The Lok Sabha passed the Juvenile Justice (Care and Protection of Children) Act, 2014 which will allow children in the 16-18 age group to be tried as adults if they commit heinous crimes.
Any heinous crime committed by a person in the age group of 16-18 years will be examined by a Juvenile Justice Board to assess if the crime was committed as a ‘child’ or as an ‘adult’.

Key Issues
Shashi Tharoor said “Bill violated the fundamental rights guaranteed under Article 14 (The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.) and Article 15(3)( Nothing in this article shall prevent the State from making any special provision for women and children. ) of the Constitution.

The provision also counters the spirit of Article 20(1) by according a higher penalty for the same offence, if the person is apprehended after 21 years of age.

The UN Convention on the Rights of the Child requires all signatory countries to treat every child under the age of 18 years as equal.  The provision of trying a juvenile as an adult contravenes the Convention.

The Standing Committee examining the Bill observed that the Bill was based on misleading data regarding juvenile crimes and violated certain provisions of the Constitution.

You can send your message regarding the bill to Maneka Gandhi (Women and Child Development minister)