No change in juvenile justice system, says Centre

The central government Friday said there was no change in its position on the Juvenile Justice (Care and Protection of Children) Bill, 2014, as introduced in the Lok Sabha in August.

The women and child development ministry has proposed that children in the age group of 16-18 years, who commit heinous crimes such as rape, murder and grievous injury, be tried through a different process and procedure.

"The Juvenile Justice Board will conduct a preliminary inquiry in such cases, which will look at the mental and physical capacity of the child to commit the offence, his ability to understand the consequences of the offence, and the circumstances under which the offence was committed."

"After conducting the preliminary inquiry, the board may transfer the case to a Children's Court, which is a court of session for speedy trial of such cases," a ministry statement said.

During and after the trial, such children will be placed in a 'place of safety' till they attain the age of 21 years.

The Children's Court will ensure that there was periodic follow-up of the child every year by the probation officer or the District Child Protection Unit or a social worker to evaluate his progress.

Once the child reaches the age of 21 years and is yet to complete his term, the Children's Court after conducting an assessment based on progress reports, can either release the child under probation or send the child to an adult jail for completing his remaining term, it added.

As the juvenile justice system is based on the principle of restorative justice, such children during their stay in a 'place of safety' will be provided with reformative measures such as education, health, nutrition, de-addiction, treatment of diseases, vocational training, skill development, life skill education and counseling.

Therefore, the Juvenile Justice (Care and Protection of Children) Bill, 2014, among other things related to adoption and foster care, proposes to create a framework where children in the age group of 16-18 years, who commit heinous crimes, could also be tried under the adult justice system if the circumstances warrant so, the ministry said.

The government came out with clarification in response to news reports that it was planning to reduce the age bracket for juveniles.