How Should A Juvenile Be Tried In A Rape Case? Do We Need To Make Amendments To The Juvenile Justice (Care and Protection of Children) Bill

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How Should A Juvenile Be Tried In A Rape Case
Protecting the rights of a Juvenile is definitely important, however, when it comes to rape, the juvenile must be tried as an adult in the criminal court.

Indian law agencies and the judiciary have been dangling between the ‘should we’ or ‘should we not’ when it comes to trying a juvenile as an adult in a rape case. The government did make some amendments to the Juvenile Justice (Care and Protection of Children) Bill but that doesn’t seem enough.

Amendments to the Juvenile Justice (Care and Protection of Children) Bill

After the horrifying rape and murder of a Delhi girl in 2012, the people of India were outraged. Since one of the 5 accused was a Juvenile he just got 28 months in a Juvenile correction facility. His actions however were worse than anybody else on that moving bus that night. His crime was such that nothing less than a death penalty would justify. But since he was a juvenile, he walks free today. As per the rehabilitation program, the government relocated him and helped him start a new life.

He still carries the experience of that monstrous act with him and chances are, he would be a repeat offender. It was a big mistake to leave such a person free where he could do anything he wants. This is just the thought that ran in the minds of Indians and they decided to take a stand. Petitions were signed and on 22nd April 2015, the government was forced to pass a bill to amend the Juvenile Justice (Care and Protection of Children) Bill 2014.

Vague Amendment Is Not Good Enough

The Amendment to the Juvenile Justice (Care and Protection of Children) Bill 2014 was sure introduced but nowhere in the bill does it talk about rape or murder. They leave it on the discretion of the Juvenile Justice Board and other psychologists to determine if the act was committed as a child or as an adult by the juvenile. They mentioned the word heinous instead. This leaves a lot to the speculation of the judging committee. It would also change the way the law operates around the influential ones, just like in the Unnao Rape case.

Strict Actions Against Rape

India has come in the limelight time and again for someone’s barbaric act of rape, violence and murder. Indians are sick and tired of this and we want it to end. The government must take a firm stand against any rape case regardless of who the accused is. The law must be same for everybody. There should be a zero tolerance for such heinous crimes and the strictest actions must be taken.



Examples must be set for everybody who is involved in this heinous act. India has seen a lot of women raped, tortured and murdered. It is time that we set our foot down and do what is really needed. The government needs to make amendment to the Juvenile Justice (Care and Protection of Children) Bill to incorporate rape and murder as an exception where the accused juvenile is tried as an adult.

Conclusion

According to me, if a juvenile can execute a well planned crime, such as rape or murder, the court should treat that case in the criminal court instead of a Juvenile Court. The answer is pretty simple actually! If he can get it up and stick it in a girl forcefully, he has declared himself emancipated. The criminal court must decide his fate.

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