Amendment to The Juvenile Justice (Care and Protection of Children) Act, 2000

My three questions pertaining to amendments to Juvenile Act 2000

Question No 1:

Is GOI seeking change to International Child Protection Convention 1989 to match with our amendments relating to empowering the Juvenile Boards to transfer cases of Juveniles indicted for heinous crimes to Adult Court? 

The Juvenile Justice (Care and Protection of Children) Act, 2000 has been brought by India in compliance with International "Child Rights Convention 1989".

BJP Govt is about to amend The Juvenile Act 2000 relating to empowering the Juvenile Boards to transfer cases of Juveniles indicted for heinous to Adult Courts. 

Is GOI also simultaneously initiating amendments to the International Child Rights Convention 1989, which we signed & ratified in 1992. 

This timely action by GOI will avoid any future embarrassment to our nation for breach of terms of this convention. 


Question No 2

Is the amendments to Juvenile court being considered retrospectively to cover Nirbhaya case Juvenile convict also?

We understand that cabinet has already approved suitable amendments to The Juvenile Justice (Care and Protection of Children) Act, 2000 so that The Juvenile Boards will be able to decide whether specific Juveniles indicted for Heinous crimes like rape can be tried as adults.

My question to the BJP Govt is whether the amendment is being implemented retrospectively so that Juvenile who put our Nirbhaya to such demonic atrocities is also retried in adult court as per the new amendment before he completes his mild sentence under the current Juvenile Act 2000. 


Question No 3

For terrorism & waging war against the nation why it should not be mandated that Juvenile above 16yrs will be compulsory tried as adult in Adult court? 

It has been reported that Pakistan-based terrorist organization Lashkar-e-Toiba enroling members below the age of 18 years. 

Similarly Maoist are focusing on Juvenile to carry organised Terrorism. This would ensure that even if they are caught while doing subversive activity they would be compulsorily tried under the Juvenile Justice Act instead of the Indian Penal Code (IPC). 

It is pertinent to mention that the maximum punishment under Juvenile Act is just 3 years in correction facility.

We understand that cabinet has approved suitable amendment in The Juvenile Justice (Care and Protection of Children) Act, 2000 is so that Juvenille board can decide specific Juvenile to be tried as adults for crime related to serious crime like rape.

My question to BJP is that for terrorism & waging war against the nation is it mandated in new amendment that Juvenile above 16yrs will be compulsory tried as adult in Adult court?