NEW DELHI -- Agitation and unease over the release of the youngest person convicted in the Delhi Gang Rape case on Sunday forced lawmakers to take a break from their political brouhaha, which has eclipsed this Winter Session, and legislate to punish minors guilty of heinous crimes as adults.
Caving to public pressure, and the sentiments of the parents of Nirbhaya, who was brutally assaulted on Dec. 16, 2012, the Rajya Sabha today approved a law which will allow 16- to 18-year-old offenders in heinous crimes to be punished as adults, with the exception of the death penalty.
Under the bill, a Juvenile Justice Board will decide whether the minor, convicted of a heinous crime like murder or rape, has an adult mindset.
The Bharatiya Janata Party-majority Lok Sabha passed the amendments to the Juvenile Justice law in May.
Unlike the scenes of chaos, which have reigned supreme in the Rajya Sabha over the past weeks, lawmakers vigorously debated the Juvenile Justice Bill for over five hours in the upper house of Parliament on Tuesday.
"I can't make separate jails for rapists, murderers and Kashmiri terrorists," said Union Cabinet Minister for Women and Child Development Maneka Gandhi, who introduced the Bill. "Do we really think they are children?"
Describing the Bill as "nuanced," Gandhi said that convicted minors can appeal against the Juvenile Justice Board's decision to treat them as adults, and they will be sent to a borstal instead of jail until they turned 21. They can also ask for a review at this stage.
"Are we going to protect the victims or are we going to protect the rapists," she said.
Lawmakers, who spoke against lowering the age of juveniles, asked their colleagues not to legislate under the influence of public pressure or sentiment.
Urging lawmakers not to pass such a significant bill without due consideration of all its implications, Sitaram Yechury and other members of the Communist Party of India (Marxist) staged a walk out during the vote.
'What If The Juvenile Is 15 Years, 11 Months?'
On December 16, 2012, a physiotherapy student was brutally raped by a minor and five adults, who assaulted her with an iron rod and threw her off the bus without any clothes. While the 23-year-old fought for her life in hospital, massive demonstrations for justice and women's safety erupted in the capital.
The nation came to call her Nirbhaya (fearless) for trying hard to fend off the men and cooperating with the police despite her horrific injuries. She died on Dec. 29, 2012.
Although the law passed today, lawmakers speaking against the legislation outnumbered those speaking in favour. While expressing their sympathy for Nirbhaya's parents, they underlined the futility of lowering the age as a deterrent, and emphasized the need for India to take better care of its children by providing them opportunities and resources.
Several lawmakers raised concerns about the poor conditions of reform homes for juvenile offenders, the lack of caregivers and psychologists to take care of them, and whether it made any sense to put juveniles into crammed adult prisons alongside hardened criminals.
Nationalist Congress Party's Vandana Chavan said that India had failed to protect its women and children, and this law was the shortest possible route to give a false perception of safety.
Quoting U.S. actor Jessica Lang, who served as a UNICEF goodwill ambassador, she said, "There can be no better measure of our governance than the way we treat our children, and no greater failing on our part than to allow them to be subjected to violence, abuse or exploitation."
Ahead of the debate, Nirbhaya's parents met with top leaders across party lines including Congress Vice President Rahul Gandhi and Minister of State for Parliamentary Affairs Mukhtar Abbas Naqvi.
“Why are children becoming like this,” said Ravi Prakash Verma, from the Samajwadi Party. "Media is harping on one incident (Delhi Gang Rape). There are children who are living a worse life than death. How can the media ignore this?"
"I won't agree to a piecemeal remedy," he said.
While public support for harsher punishment for minors has been growing since the Delhi Gang Rape, human rights groups fundamentally opposed legislating tougher penalties on juveniles since it contradicts universal standards.
In 2000, the age of juveniles was raised from 16 to 18 in India to conform to the United Nations Convention on the Rights of the Child. It was Gandhi who pushed changed the definition to 18 years.
"We should be discussing about the horrible condition of juvenile homes. Lowering age will be a backward step, said Anu Aga, Indian businesswoman and education activist. "India is a signatory to the U.N. Convention on the Rights of the Child. We should honour our commitment."
"Changing from 16 to 18 and 18 to 16 is not the solution. Why don't you just do 12-13," said Kahkasha Praveen, a lawmaker from Janata Dal (United). "Our objective should be to improve the lives of children."
Speaking in favour of passing the Bill, Trinamool Congress Parliamentary Party's Derek O'Brien said, "It is a good bill, let's not wait for perfect."
"If it was my daughter, then would I have hired the best lawyers or taken out the gun and shot the culprits?" he said.
On Monday, the Supreme Court dismissed a petition against the release of the youngest person convicted for the Delhi Gang Rape, who was a minor when he sexually assaulted a physiotherapy student on December 16, 2012.
"If this law had passed six months ago then that criminal would not be outside. Better late than never," Asha Devi, the mother, said before the Rajya Sabha session today.
The law does not apply retrospectively to the youngest person convicted in the Delhi Gang Rape.
"If a juvenile of 15 years, 11 months commits a crime then will you change the law again," said Ritabrata Banerjee from the Communist Party of India (Marxist). "It is retrogressive in nature."
Banerjee also asked how the Juvenile Justice Board would determine whether a child was thinking like an adult or a child.
Death Penalty For Others
While one accused was found hanging from his prison cell before the Delhi Gang Rape trial could be completed, the other four adults were found guilty of rape and murder, and sentenced to death in September, 2013.
The minor was sentenced to three years in a correctional facility, which is the maximum punishment allowed for minors under Indian law.
The Delhi High Court confirmed capital punishment for the four men, but the Supreme Court has stayed their execution until it reaches a final decision on their appeals.
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Caving to public pressure, and the sentiments of the parents of Nirbhaya, who was brutally assaulted on Dec. 16, 2012, the Rajya Sabha today approved a law which will allow 16- to 18-year-old offenders in heinous crimes to be punished as adults, with the exception of the death penalty.
Under the bill, a Juvenile Justice Board will decide whether the minor, convicted of a heinous crime like murder or rape, has an adult mindset.
The Bharatiya Janata Party-majority Lok Sabha passed the amendments to the Juvenile Justice law in May.
Unlike the scenes of chaos, which have reigned supreme in the Rajya Sabha over the past weeks, lawmakers vigorously debated the Juvenile Justice Bill for over five hours in the upper house of Parliament on Tuesday.
"I can't make separate jails for rapists, murderers and Kashmiri terrorists," said Union Cabinet Minister for Women and Child Development Maneka Gandhi, who introduced the Bill. "Do we really think they are children?"
Describing the Bill as "nuanced," Gandhi said that convicted minors can appeal against the Juvenile Justice Board's decision to treat them as adults, and they will be sent to a borstal instead of jail until they turned 21. They can also ask for a review at this stage.
"Are we going to protect the victims or are we going to protect the rapists," she said.
Lawmakers, who spoke against lowering the age of juveniles, asked their colleagues not to legislate under the influence of public pressure or sentiment.
Urging lawmakers not to pass such a significant bill without due consideration of all its implications, Sitaram Yechury and other members of the Communist Party of India (Marxist) staged a walk out during the vote.
'What If The Juvenile Is 15 Years, 11 Months?'
On December 16, 2012, a physiotherapy student was brutally raped by a minor and five adults, who assaulted her with an iron rod and threw her off the bus without any clothes. While the 23-year-old fought for her life in hospital, massive demonstrations for justice and women's safety erupted in the capital.
The nation came to call her Nirbhaya (fearless) for trying hard to fend off the men and cooperating with the police despite her horrific injuries. She died on Dec. 29, 2012.
Although the law passed today, lawmakers speaking against the legislation outnumbered those speaking in favour. While expressing their sympathy for Nirbhaya's parents, they underlined the futility of lowering the age as a deterrent, and emphasized the need for India to take better care of its children by providing them opportunities and resources.
Several lawmakers raised concerns about the poor conditions of reform homes for juvenile offenders, the lack of caregivers and psychologists to take care of them, and whether it made any sense to put juveniles into crammed adult prisons alongside hardened criminals.
Nationalist Congress Party's Vandana Chavan said that India had failed to protect its women and children, and this law was the shortest possible route to give a false perception of safety.
Quoting U.S. actor Jessica Lang, who served as a UNICEF goodwill ambassador, she said, "There can be no better measure of our governance than the way we treat our children, and no greater failing on our part than to allow them to be subjected to violence, abuse or exploitation."
Ahead of the debate, Nirbhaya's parents met with top leaders across party lines including Congress Vice President Rahul Gandhi and Minister of State for Parliamentary Affairs Mukhtar Abbas Naqvi.
“Why are children becoming like this,” said Ravi Prakash Verma, from the Samajwadi Party. "Media is harping on one incident (Delhi Gang Rape). There are children who are living a worse life than death. How can the media ignore this?"
"I won't agree to a piecemeal remedy," he said.
READ: Why The Juvenile Deserves A Second Chance
While public support for harsher punishment for minors has been growing since the Delhi Gang Rape, human rights groups fundamentally opposed legislating tougher penalties on juveniles since it contradicts universal standards.
In 2000, the age of juveniles was raised from 16 to 18 in India to conform to the United Nations Convention on the Rights of the Child. It was Gandhi who pushed changed the definition to 18 years.
"We should be discussing about the horrible condition of juvenile homes. Lowering age will be a backward step, said Anu Aga, Indian businesswoman and education activist. "India is a signatory to the U.N. Convention on the Rights of the Child. We should honour our commitment."
"Changing from 16 to 18 and 18 to 16 is not the solution. Why don't you just do 12-13," said Kahkasha Praveen, a lawmaker from Janata Dal (United). "Our objective should be to improve the lives of children."
Speaking in favour of passing the Bill, Trinamool Congress Parliamentary Party's Derek O'Brien said, "It is a good bill, let's not wait for perfect."
"If it was my daughter, then would I have hired the best lawyers or taken out the gun and shot the culprits?" he said.
READ: Humanising The Juvenile Rapist Risks Turning Him Into A Victim And That's Unfair To Jyoti Singh
On Monday, the Supreme Court dismissed a petition against the release of the youngest person convicted for the Delhi Gang Rape, who was a minor when he sexually assaulted a physiotherapy student on December 16, 2012.
"If this law had passed six months ago then that criminal would not be outside. Better late than never," Asha Devi, the mother, said before the Rajya Sabha session today.
The law does not apply retrospectively to the youngest person convicted in the Delhi Gang Rape.
"If a juvenile of 15 years, 11 months commits a crime then will you change the law again," said Ritabrata Banerjee from the Communist Party of India (Marxist). "It is retrogressive in nature."
Banerjee also asked how the Juvenile Justice Board would determine whether a child was thinking like an adult or a child.
Death Penalty For Others
While one accused was found hanging from his prison cell before the Delhi Gang Rape trial could be completed, the other four adults were found guilty of rape and murder, and sentenced to death in September, 2013.
The minor was sentenced to three years in a correctional facility, which is the maximum punishment allowed for minors under Indian law.
The Delhi High Court confirmed capital punishment for the four men, but the Supreme Court has stayed their execution until it reaches a final decision on their appeals.
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