From CK Nayak
New Delhi: With the brutal rape of a three year old girl in Meghalaya by two juveniles recently, the lone Rajya Sabha representative from the hill state, Wansuk Syiem, has passionately urged the Central government to fix the age limit of a juvenile at 16 instead of 18 as demanded by some ‘sham child right activists’.
“There is an unprecedented surge in criminal offenses especially rape and sexual advances against women and girls involving juveniles across all strata of society,” Wansuk said in a special mention in the Upper House on Wednesday.
Modern life style and interpersonal relations have accentuated the process of a juvenile attaining adulthood much earlier than the age prescribed under the law, she said.
Media glare had made such juveniles aware that that they can commit the crime and get away with it, Wansuk pointed out. Proliferation of communication channels like mobile internet and social media have also damaged the ancient values and ethical social conduct, she added.
The women member also criticized the so called child rights activists who are opposing the Juvenile Justice (Care and Protection of Children) Bill which provides for trying juveniles aged between 16 and 18 years for heinous crimes under laws for adults, which was cleared by the Lok Sabha.
Women and Child Development Minister Maneka Gandhi, who piloted the Bill, told the House that she had tried to be ‘pro-child’ and to strike a ‘fine balance’ between justice to victims and rights of children. The Bill was passed after the government agreed to delete a controversial clause that said that if a minor commits a crime between the ages of 16 and 18, but is caught after he has turned 21, he should be tried under the IPC and not juvenile laws.
The National Crime Records Bureau (NCRB) statistics said that in 2013, around 3,887 juveniles had allegedly committed heinous crimes. In Meghalaya last month, two juveniles had gang raped a three year old girl at Mawrapant village in East Khasi Hills.
Not just that, a recent Supreme Court order had favoured a fresh look at the law in view of the growing number of juveniles involved in heinous crimes, Wansuk said. She also quoted the infamous ‘Nirbhay’ incident which shook the conscience of the whole nation.
Allaying concerns that the new law could be misused against the poor, the Adivasis and other deprived sections of society, Maneka said most of the crimes are committed against the poor and she was trying to ensure justice to them. But simultaneously, she said that poverty may provoke anger and envy but cannot be used as an excuse for crimes.
Under the proposed law, any juvenile aged between 16 and 18 years will stay in Borstal, an institution meant for housing adolescent offenders, till the age of 21 whatever be the sentence.
Also, the new law makes no provision for death sentence or life imprisonment. At 21, the behaviour of the offender will be assessed and sentence curtailed, if signs of reform are noticed.
