Even heinous juvenile criminals can’t be tried as adults: SC
17 Jul 2013
The Supreme Court today refused to reduce the age for being considered a juvenile from 18 to 16 years, and ruled that those under 18 will continue to be tried by a juvenile board under the Juvenile Justice Act and not by a regular trial court, even when accused of a heinous crime.
India's apex court was hearing a public interest litigation (PIL) filed by an advocate seeking an amendment to the Juvenile law to allow those below 18 to be punished under adult laws if they are charged with serious crimes.
"We uphold the provisions of Juvenile Act. Interference is not necessary," said a bench headed by Chief Justice Altamas Kabir.
The petition was filed in the wake of the brutal gang-rape of a 23-year-old medical student in a moving bus in Delhi in December last year. The victim subsequently died of her injuries.
One of the six men accused of the horrific crime was a minor when the incident happened. He has been tried by the juvenile board and faces a maximum punishment of three years in a correction home.
The police have said the juvenile was the most vicious of the six attackers; and there is widespread angst in the country over the fact that he will get what is, under the circumstances, little more than a slap on the wrist.
The victim's family has demanded equal punishment for the juvenile with the adult accused; and has sought the death penalty for them.
The Justice Verma commission set up to suggest changes to make laws on rape more tough, too had refused to propose that the age of a juvenile be brought down.
The Juvenile Justice Board hearing the Delhi gang-rape case is expected to deliver its verdict on the role of the accused minor 25 July.
