Amendments to the Juvenile Justice (Care and Protection of Children) Act seek to bring children between the ages of 16 and 18 charged with heinous crimes under the purview of the Indian Penal Code. This suggestion has been strongly opposed in Parliament. Amod Kanth, general secretary of Prayaas, a juvenile aid NGO, speaks to Manavi Kapur about how important it is to retain 18 as the age to define adulthood for legal purposes
Why was 18 originally set as the upper age limit to try an accused under the Juvenile Justice Act?
Eighteen has always been the age that demarcates children from adults. In India, though, this age limit was at 16 for boys and 18 for girls. The first provision in law dealing with juvenile crime was the Apprentices Act of 1850. After many changes, this changed to the Children's Act in 1960. The Children's Act then became what we know today as the Juvenile Justice Act in 1986. It was later amended in 2000.
The age for determining adulthood was decided by countries participating in a United Nations convention on the subject. Eventually, an agreement was signed by democratic nations that this age should be fixed at 18. This is because 18 acts as a dividing line between childhood and adulthood. This division becomes appropriate because one can own property, cast a vote, enter into a contract, get married, and defend oneself in court after turning 18. It is believed that you only attain the maturity to make your own decisions when you turn 18.
What would be the repercussions if this age limit is brought down from 18 to 16?
There are two distinct systems of law and justice that exist today - criminal justice system and juvenile justice system. There is no concept of a jail sentence under the Juvenile Justice Act. Children are not viewed as children. But under the new bill that is being debated in Parliament, there are glaring contradictions regarding the legal procedure for dealing with juvenile crime. The recommendations say that while a child below the age of 18 cannot be given a prison sentence, he or she must be taken to court to be prosecuted. This recommendation seems pointless.
Internationally, how is this category of "young adults" treated?
Those who want to get the law changed are misinformed about international norms. It is wrong to say that young adults and children who commit heinous crimes are thrown in jail. Internationally, there exists a differential system of law and justice for children. If at all, children and young adults should be prosecuted under the Probation of Offenders Act, where, instead of jail sentence, offenders are asked to do certain activities that help in their reformation. In fact, the category of young adults is up to 21 years of age, so reducing the age limit is a thoughtless act.
Do rehabilitation and reform measures help juvenile criminals? How can the system be improved so that they don't become repeat offenders?
Over 7,000 juveniles have come to Prayaas over the years. When I look back at the last nine years, I find that few juveniles become repeat offenders, provided they are treated properly. The possibility of reform in juveniles is very high - over 95 per cent. This is because most crimes they commit are circumstantial and when their circumstances improve, their chances of reforming go up. Nearly 90 per cent of the offenders are either illiterate, homeless or have suffered abuse.
According to the National Human Rights Commission and the Juvenile Justice Board recommendations, an aftercare programme is very important. There are alternatives to jail, such as community service, group activities, sending offenders back to his or her parents and, as a last resort, sending the child to a special home - but never conviction. What is required is improving the implementation of such measures.
But can't young adults and repeat offenders be a bad influence on younger children at juvenile homes?
In my experience, all juveniles live together and sometimes, they reform themselves. It is true that certain kids have the tendency to be bullies and influence younger children. But it is also a fact that if you put them in a perfect and tight routine, they begin to change for the better. For example, we have a football club at our Feroze Shah Kotla centre where leading footballers come to play with these kids. Same goes for cricket. The children start taking interest, get into a routine and have no time left to create trouble. No one is above improvement. They just need extra care and attention.
