Lowering juvenile age to 16 years questioned

Child rights experts and activists have questioned government’s decision to lower the legal age of juveniles from 18 to 16 years in the new Juvenile Justice (Care and Protection of Children) Act 2018.

They have asked why there was a need for a new Juvenile Justice Act when the previous one has not been implemented.

   

 “They are bringing this act for the betterment of the children in conflict with law and for the children in need of care and protection, but how would this act benefit children if their age is being lowered,” an experts told a gathering where people were being made aware about the act. 

“Would a 16-year-old also get property, voting, driving and other rights? We don’t understand what the urgency to amend the act is. This act is a copy of the JJ Act 2015 that is being implemented in other states of India,” he added.

In 1997, the Jammu and Kashmir Assembly passed the Juvenile Justice Act and a decade later laid down the rules to enforce it.  After delay of many years, in 2013, the legislature finally cleared the updated Juvenile Justice Act and approved its rules the following year.

And only last year the act was actually being enforced when structures like Juvenile Justice Boards and Child Welfare Committees were being set up. But before the act could be fully implemented on ground, the government said it was planning an amendment in the act.

“If they are really concerned about the children why don’t they implement the Right to Education Act? Why don’t they create homes for the children so that they are rehabilitated?” another expert questioned. 

 “If the crime against children is on the rise, is there any data to substantiate the fact?”

As per the first draft of the Juvenile Justice Act of 2018 the age of criminal liability should be lowered to 16 years in case of a heinous offence.

And as far as the adoption is concerned, the act states, “A child in respect of whom an adoptive order is issued by the court, shall become the child of the adoptive parents, and the adoptive parents shall become the parents of the child as if the child has been born to the adoptive parents, for all purposes, including intestacy with effect from the date on which the adoption order takes effect.”

To discuss the pros and cons of this act, a meeting of law experts, academics, child right experts and other stake holders is going to take place on 25th of this month in which the act will be discussed in detail.

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