Will the Juvenile act 2015 really bring a decline in the rate of juvenile crime in India?

WILL THE JUVENILE JUSTICE ACT 2015 WHICH IS NOT IN CONFORMITY WITH THE  UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD (UNCRC) REALLY BRING A DECLINE IN THE RATE OF JUVENILE CRIME IN INDIA?

The Juvenile Justice Act, which allows children aged 16 to 18 years and is in conflict with law to be tried as adults that include a prison sentence of seven years or more in cases of heinous offences, like rape, murder, abduction etc comes into force The Act, passed by the Rajya Sabha in the winter session of Parliament, received President Pranab Mukherjee’s assent on December 31 and is enforceable from January 15, 2016.

India being one of the signatory to The United Nations Convention on the Rights of the Child (UNCRC) does not confirm with the rules laid there under which states that signatory countries should treat every child under the age of 18 years in the same manner and not try them as adults. Is it justified? In my opinion it is a ‘Yes’ because the rate of Juvenile Crime has been increasing with time manifold. As per the records; Juvenile in the age group of 16 – 18 years accounted for about 75 per cent of the total number of crimes against minors in the year 2014 and when it is a matter of heinous offences, Juveniles should be treated at par with the adults to bring about a depletion in the crime rate amongst children. One of the major amendments made was the removal of Clause 7 which stipulated that a person who commits a lesser i.e. a serious crime between the ages of 16-18 years should be tried as an adult only if he is apprehended after the age of 21 years. It is a big question and a matter of concern whether the new Bill will bring about a change in the rate of Juvenile Crime in India?

The recent hit and run case by a 17-year-old boy who allegedly knocked dead a man with his father’s Mercedes has been charged with culpable homicide not amounting to murder under Section 304 of IPC and has been granted bail by the Juvenile Justice Board (JJB) on the grounds that he has to appear for various undergraduate entrance exams, including one for a law course as he had missed certain exams because of his stay in observation home after his arrest. If found guilty, the juvenile faces two years of confinement in an observation home on charges that include sections 304 A (causing death by rash or negligent act), 279 (driving on a public way so rashly or negligently as to endanger human life) and 337 (causing hurt by an act which endangers human life) of the IPC. Does this justify the Juvenile Crime? Though the crime was not done intentionally, as a matter of fact it was a case of ‘repeated offence’ by the defendant but it led to loss of life of an innocent man due to negligent and rash driving which is irrevocable.

With regards to enforcement, in every police station, at least one officer, not below the rank of assistant sub-inspector, may be designated as the Child Welfare Police Officer to exclusively deal with children either as victims or perpetrators, in co-ordination with the police and Non-Governmental Organizations of our country.

Though in my view the Act is a forward-looking and comprehensive enactment in the effort to reduce the Juvenile Crime rate by making it mandatory to set up Juvenile Justice Boards and Child Welfare Committees in every district and inclusion of at least one woman member each in the committee; It is also noteworthy that India is the only nation to impose harsh penalty on sale of Tobacco to minors. In spite of the above efforts, it has still a long way to go.