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Juveniles can’t be tried as adults, says House panel

Under the JJ Act, a juvenile accused faces a maximum sentence of three years
New Delhi: In a major development, the Parliamentary standing committee reviewing the proposed changes in the Juvenile Justice (JJ) Act has rejected the Union government’s recommendation to treat accused in cases of rape and other heinous crimes, who are 16-18 years old, as adults.
Saying that certain clauses are in clear violation of the Constitution, the committee said that “the aim of the juvenile justice system is to treat all children equally with within system. In this respect, the judgement of the Supreme Court has been ignored and the committee takes a serious view of this.”
The committee was headed by Union health minister J.P. Nadda. Therefore, “The drastic changes proposed need deep introspection and it is surprising the ministry ignored major stakeholders,” the committee said in its report. In August last , the Union Cabinet had cleared the amendment Bill, under which a minor above 16 years involved in heinous crimes could be tried in an adult court if the Juvenile Justice Board decides so.
However, following objections from child rights groups and activists the government had referred the proposed amendment to the standing committee. The decision to amend the Juvenile Justice Act was taken following the extreme cruelty that was unleashed on the Delhi gangrape victim by the only juvenile among the six accused in the Delhi gang-rape case. One of the accused, who was a few months short of 18 years was sent to an observation home for three years as per the provisions of the Act. At present, under the JJ Act, a juvenile accused faces a maximum sentence of three years and has to be kept in the juvenile correction home.
( Source : dc correspondent )
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