For rape cases, govt mulls trying juveniles under 15 as adults

If the Delhi government chooses to go ahead with the proposals, it could mark flashpoint in its already turbulent relationship with the Centre.

Written by Mayura | New Delhi | Updated: October 20, 2015 2:32 am
AAp, Arvind Kejriwal, Kejriwal, Delhi, Delhi rape, Delhi toddler raped, 2 year old raped, juvenile, juvenile justice india, kejriwal juvenile age, kejriwal news, aap news, delhi news Delhi Chief Minister Arvind Kejriwal addressing a press conference after the cabinet meeting in New Delhi on Monday. (PTI Photo)

Chief Minister Arvind Kejriwal Monday announced that his government will examine and recommend a proposal to lower the age of juvenile offenders from 18 to 15 in cases of heinous crimes such as rape and murder.

The Delhi Cabinet met Monday afternoon to discuss various measures that the government can take to tackle crimes against women.

Watch Video: Kejriwal Govt Proposes Trying Juveniles Above 15 As Adults For Rape

It also decided that a Group of Ministers (GoM) — headed by Deputy Chief Minister and Law minister Manish Sisodia, and including Home minister Satyendar Jain — will recommend if the accused in rape cases which involve minors should be given maximum punishment of life imprisonment or death.

“The GoM will examine certain proposals, hold discussions and deliberations over what amendments need to be made to which laws and bring a proposal before the Cabinet in 15 days. If a minor is raped, the punishment should be either life imprisonment or death penalty. If rape, murder or any heinous crime takes place, then in such cases, the age of the juvenile should be 15,” said Kejriwal.

Government sources said since both the Indian Penal Code and the Criminal Procedure Code come under the concurrent list of the Constitution, the government will consider bringing about state amendments in the existing laws.

Officials said if the Parliament decides to lower the age of juvenile offenders from 18 to 16, the Delhi government will accept its decision.
The government, however, can bring about a state amendment that will be applicable only in the capital, said sources. The amendment will have to be ratified by the Union Ministry of Home Affairs.

The proposal to award a maximum punishment of death in crimes such as rape of a minor, comes a month after the Law Commission of India recommended the abolition of capital punishment for all offences other than terrorism-related offences and waging war against the country.

“Death penalty is still in our statute books and the government is considering a proposal to hand out enhanced punishment of life imprisonment or death in offences of rape involving minors with the purpose of deterrence,” said a source.

The source added that the Criminal Law (Amendment) Act, 2013 — which pertains to amendments made to rape laws made after the December 2012 gangrape — also prescribes the death penalty for repeat offences of gangrape.

Kejriwal said there has already been a lot of discussion on the proposal to lower the age of juvenile offenders in the country.

“Charchayein bahut hui hai, abhi tak karvaee nahi hui hai (There have been many discussions but no inquiry). The things I am saying are not new. There are so many committees and commissions sitting over this. The GoM will study the reports of all the commissions and also consult legal experts. But they will bring a concrete proposal to the Cabinet in 15 days so that we can present the amendment Bill in the forthcoming assembly session,” he said.

 

For all the latest India News, download Indian Express App now

  1. A
    Ashoknarang
    Oct 20, 2015 at 4:40 am
    First thing first. No age barrier whatsoever, rapist, molestation if identified, should be given minimum 15 yrs. of rigorous imprisionment & trial should be completed within 6-8 weeks. A special cell should be created & awareness must be done extensively to insitl fear of law & punishment there of. AK is right lot if talk but little action He is the man of action but vested interested political parties only think of power & few people. Ashok Narang Toronto Canada
    Reply
    1. M
      mc
      Oct 20, 2015 at 5:37 am
      This Female media group has never reported a single suicide caused by false rape allegations.
      Reply
      1. M
        mc
        Oct 20, 2015 at 5:45 am
        What if the man found a victim of a false rape allegation by an empowered female or by female organization? What if any female media group reports over one thousand FALSE rape news against male? Should these female media group or organization be declared a terrorist organization and seek death penalty for these terrorist females? False rape allegation on man by woman is a rape on man and the female rapist should get 10 years of jail. False rape allegation on man by media is a gang-rape on man and the female-media should get death by any female.
        Reply
        1. M
          MP
          Oct 19, 2015 at 10:57 pm
          Thank God, BJP has not proposed this. The w human rights cabal would have decended on them like a hound of wolves.
          Reply
          1. I
            Inidan1947
            Oct 20, 2015 at 3:53 am
            Law is not the issue. NOT implementing the law in actual action is the 99% of the issue. Does society needs death sentence for 15 year old? How 15 yr old learns such thing? Did the rape case occur because all rapists were 15 year old and could not be prosequated. This is TRASH politics by politician to HIDE THEIR FAILURE. We have MLA and MP charged with Murder, so capable of death sentences, what does that say to other criminals. Pls think and demand that politicians stop the drama of making law. They should make sure speedy justice per law and swisft PUNISHMENT for any criminals, from any political party. And if a 15 year old (minor) is indeed proven guilty in rape case, MANDATORY JAIL of just 3 month Each for the parents, will DO MAGIC! They will now take it more seriously how to raise a kid and teach their son how to treat a women. Ever wonder Why no one talks about that!
            Reply
            1. D
              dashrath
              Oct 19, 2015 at 9:46 pm
              this is dynamism for which AK is known !!! India need AK type politicians in numbers !!!!!
              Reply
              1. T
                Tanyaa
                Oct 20, 2015 at 11:09 am
                Shouldn't it be "juveniles over 15" in the headline?
                Reply
                1. Load More Comments