September 21, 2024

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THE NEW JUVENILE JUSTICE ACT LEFT THE NATION INTO DEBATE

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BCR NEWS (New Delhi): No one can forget the Nirbhaya rape case which thrilled the world on December 16th, 2012. Now, after 3 years when one of the convict was released on December 20th, 2015 after serving the maximum punishment of 3 years under Juvenile justice Law, the new Provision of the Juvenile justice bill has left the nation into debate.

The New Juvenile Justice Act, allows children aged 16 to 18 years to be tried as adults in cases of heinous offences such as rape, murder and terror-related acts. The Act passed by the Rajya Sabha in the winter session of Parliament, received President Pranab Mukherjee’s assent on December 31.

Under the juvenile law till now, even those accused of heinous offences like rape could be tried only by Juvenile Justice Boards and, if found guilty, sent to correctional homes for not more than three years.

However, not everyone supports the standpoint and henceforth, the nation is divided into whether the law should be amended or not.

In this regard, the industrialist, Mr. Tehseen Pooawalla has filed a petition against the new law. According to him, a child is a child no matter what. He/She should be given a second chance. “The new amendment goes against the letter and spirit of The UN Convention on the Rights of the Child and also against the protection accorded to Child and adolescent criminals since 1800s” He said.

“I have filed the writ petition under Article 32 of the Constitution of India to challenge the constitutional validity of the recently passed Juvenile Justice (Care and Protection of Children) Act, 2015 which seeks to repeal and recast the Juvenile Justice Act of 2000 on the grounds of the act being unreasonable, arbitrary and hence, in violation of Article 14 of the Constitution.” He added.

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