In doing so, the Cabinet rejected the recommendations of a parliamentary committee which had argued against any shift in India’s juvenile law. The Juvenile Justice (Care and Protection) of Children Bill 2015 will now be introduced in Parliament in its current session.
The new proposed law also eases rules for adoptions and seeks to reduce the time adoptions take. The entire process of adoption is now sought to be concluded in three to four months as against years which it used to take earlier. Adoption component in the new juvenile law has been relaxed and elements of transparency brought in. Now all adoption agencies will have to update information regarding prospective parents and children on their websites.
However, the marked shift the Bill brings is the government’s decision to seriously view juveniles charged with grave offences like murders, rapes, kidnappings, dacoity and procurement for prostitution. For 16 to 18 year olds charged with grave offences, the law allows trial through a system distinct from the juvenile system in which the maximum punishment any juvenile (anyone under 18) could get was a three years in a juvenile home.
“Even if convicted, a 16 to 18 year old will be kept in a place of safety until he turns 21. He will not be sent to an adult jail. Even after he turns 21, the law provides a mechanism to assess his level of reformation. Only if it is felt that he has not reached that level will he be sent to an adult jail,” Women and Child Development Minister Maneka Gandhi said.
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