2 min readNew DelhiAug 26, 2014 02:31 AM IST
First published on: Aug 26, 2014 at 02:31 AM IST
Arguing that young persons between 16 and 18 years of age indulging in consensual sex are the people getting arrested under the “new” rape laws and the proposed amendments to the Juvenile Justice (JJ) Act was a result of “media and social hysteria”, several NGOs working in the field of juvenile justice and child rights have opposed the new JJ Amendment Bill.
The Bill, which was cleared by the Union cabinet earlier this month, proposed to pave the way for 16-18-year olds to be treated as adults when involved in heinous crimes.
“Heinous offfences as defined right now includes anything that carried punishment above seven years’ imprisonment. This includes carrying narcotics, prostitution etc., which are areas where the child is being forced to participate,” said Atiya Bose of Aangan.
“Section 19 of the new Bill contradicts the act itself. The principles of the Act say that it is to protect the child, whereas the new amendment allows you to lock up a vulnerable child,” Jagori director Suneeta Dhar said.
In a panel discussion organised by Zubaan Publishers and Oxford bookstore on Monday, representatives from NGOs including HAQ, Jagori, Aangan among others said that the reaction generated after the December 16 and the Shakti Mills gangrapes had led to the proposed laws to decrease age of juvenility.
“This is a lock-up law just to lock up people,” said psychiatrist Achal Bhagat. UNICEF child protection chief Joachim Theis also added that the actual implementation of the current juvenile justice laws was lacking. “We are seeing the amendments in the law but the haven’t seen the implementation,” said Theis.
The proposed Bill was cleared by the cabinet, but is yet to be tabled before Parliament. New offences under which adults can be prosecuted such as corporal punishment, ragging and using a child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance and streamlining and strengthening measures for adoption, including providing statutory status to the Central Adoption Resource Authority (CARA) have also been added to protect vulnerable children.
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