THE draft Juvenile Justice (Care and Protection of Children) Bill, 2014 has been cleared by the Union cabinet. It makes corporal punishment of juveniles, including both physical and verbal abuse, a penal offence. It recognizes the violence that children face at home, at school and in the street. On the other hand, ragging has also been made a penal offence and the punishment can be up to three years’ imprisonment. Removing the immunity of 16 year olds accused of heinous crimes and making it possible for them to be tried at a regular court is a victory for Maneka Gandhi and other social activists. But it perhaps does not take into account the reasons for their breaking the law in such a shocking manner. Children may have been accustomed to violence in their own lives. Schools and crèches are poisoned by caste and gender inequalities. Such discrimination has a serious impact on affected children. The Right to Education Act bans beating children for their offences. But guardians and teachers are not accountable for their action. The new law protects children from such cruelty. But the state has to bring about a change in the mindset of guardians and teachers to ensure enforcement of the law.
Amending the law on juvenile offenders between 16 and 18 may be justified and should certainly be supported in cases of rape. Rape should not be confused with consensual sex and the latter is not common in India among juveniles under 18. Society may drive some to such wicked crimes but that is no excuse if rape by juveniles under 18 is accompanied by brutal violence as in the Nirbhay case. It is hardly arguable that the punishment in such cases is not a deterrent and actually criminalizes juvenile delinquents.
