A network of NGOs, lawyers, activists and individuals working for child rights under the banner of ‘Prochild’ on Monday opposed the juvenile justice amendment bill, arguing that it was against the constitution.
The Lok Sabha on May 7 passed the bill which paves the way for children in the age group of 16-18 years to be tried as adults if they commit a heinous crime. The bill is likely to be taken up in the Rajya Sabha on Tuesday.
Speaking about the unconstitutionality of the bill, activist Ved Kumari said that treating 16-18 years old children as adults violated the fundamental right to equality under Articles 14 and 15(3) of the Constitution.
“The preliminary assessment by the Juvenile Justice Board providing for procedural arbitrariness violates Articles 14 and 21 because an accurate assessment of mental capacity for the purpose is not possible and will result in subjective and arbitrary transfers,” she said.
“Latest research shows that individualized assessments of adolescent mental capacity is not possible,” she added.
It was pointed by the group that the bill proposes the establishment of places of safety, which do not exist currently and without additional finances, they will either be detained in the existing special homes or jails.
Advocate Vrinda Gover said: “I denounce these amendments being made in the name of protecting women and urge the parliament to reconsider the same. I believe that the government must invest in strengthening the reformative and rehabilitative mechanisms under the juvenile justice law.”
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It made little sense that some of the accused were sentenced to death. while one was(or will be) let off with a max punishment of 3 years.
That "boy" should have been hanged.
No one deserves for her intestines to be hanging out of her anus, hanging on to dear life eating dirt on a delhi road.
So if you have any sympathy for such accused because they have no maturity of what they are doing and is unconstitutional. Close your eyes and imagine your girl in that state. of the intestines hanging out of anus.do imagine iron rods too.
You probably cannot feel even 10% of the pain that poor soul had to go through.
Done ? great.
Ok. So where were we on the constitutionality again ?
If somebody does something heinous, they must be punished. 10 or 18, doesn't matter. The bar of 18 makes no sense. Tell me how does a guy who is 17 years and 364 days old any more dumb than one who is 18 years and 10 days old? This was a stupid and baseless classification.
If such laws are not bought, with time, the misuse of the protection afforded would become very common.
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