Analysis Of Section 15 Of The Juvenile Justice (CARA) Act, 2015 In The Context Of The Un Convention On The Rights Of The Child
Shivani Samanta, B.A.LL.B (Hons.), University Law College, Utkal University, Bhubaneswar
ABSTRACT
The ‘Nirbhaya’ case sparked widespread public indignation. One of the accused was a juvenile at the time of the crime, and he was sentenced to a three years in a special home, which was the maximum punishment as per the Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2000. This led to massive public outcry. This incident gave rise to the Juvenile Justice (Care and Protection of Children) Act, 2015. This amendment included a contentious provision i.e., Section 15, which allowed children aged 16 to 18 to be prosecuted as adults in situations of severe crimes. This paper critically analyses the said section and critically analyses whether the impugned provision is in lines with the rules of the United Nations Convention of the Rights of the Child (UNCRC). Every person under the age of 18 years has the right to be treated under a separate juvenile justice system. Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 disregards the said international treaty by creating a circumstance where children in the age group of 16-18 could be tried under the adult criminal system. Hence, a class within a class is constituted. Additionally, the mind of a child is way different from that of an adult. It takes a certain amount of time to develop the maturity and it is proved even scientifically. It is discriminatory and irrational to classify between children in the age group of 16-18 years on the basis of the gravity of the crime. It is in contravention with Article 2 of UNCRC which protects children from any sort of discrimination. Sending children to adult courts and adult prisons have proven to be counterproductive in the West. It is completely erroneous to push juvenile delinquents into the adult criminal system. The punitive approach envisioned in Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015, would only amount to rage and bitterness in the juvenile delinquent. It undermines the very purpose as envisaged in the UNCRC.
Kommentare