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Reducing juvenile age limit requires national debate
It is next to impossible to agree that by reducing the age limit for juveniles, all evils can be removed or the juvenile crime can be checked. It is simply an eye-wash and nothing more, at best a gimmick.

It is being reported that our ministers have reached a consensus over the age of having consensual sex. It is now down from 18 to 16. Is government trying to prepare ground to punish one of the accused rapists who is by present standards considered minor and eligible for bail?

It is laudable that the Group of Ministers (GoM) reached such a consensus. But if the gang rape is the only reason for such a decision, then things do not augur well for the country. We should think deeper over the issue. Or it will be a much- hurried decision and it will have worse consequences in family and social life as well.

What are the reasons in favour of this decision to reduce this age bar, other than assuring punishment for the rapist? We should discuss it on priority basis. Or, we may feel suffocated in the long run. The anti-rape bill requires unanimity and even the Prime Minister himself has to get involved. He set up the GoM to resolve the differences.

Home Minister Sushil Kumar Shinde expressed confidence that the differences would be resolved and the government will be able to secure parliamentary approval for the legislation by March 22. The bill is expected to be in parliament only next week as Parliamentary Affairs Minister Kamal Nath has called an All Party Meet to evolve consensus over the issue.

Thus, the stage is all set for reducing the age for having consensual sex for both men and women to 16 from current 18 years. Since the proposition centres on the gang rape, and the whole nation waits with a throbbing heart to see what is actually happening, it is highly debatable if it at all can yield any good results. One gang rape, however, horrendous it is, cannot establish anything on this earth. Till today, no statement comes out in favour of Nirbhaya (an imaginary name for the Dehi gang rape victim) from the authorities, but suddenly for punishing a minor, the draft is being changed to a bill.

All states have, in principle, agreed to reduce the age limit for juveniles from 18 to 16 at a meeting of chief secretaries and police officers in Delhi and the meeting was chaired by Home Minister. The minor was most barbaric in the brutal gang rape and murder of the victim. The juvenile reportedly removed her intestines with his bare hands and suggested that she be thrown off the bus. After this anyone will agree that for punishing the juvenile crime, any step can be taken.

The problem lies elsewhere. After the reduction of the juvenile age, in many other situations, young people may claim to do more ghastly things on the plea that they have become adults and parents will not have any control over them. That is the other side which very few people are focusing on.

At the age of 16, a young man does not even leave school. But after the law for reducing the age limit is passed, a schoolboy may challenge his parents and may even lay claims on property, along with other rights to freedom. The word minor will be of no value after this. At the age of sixteen, many children gain maturity and if they are suddenly told that adulthood comes so early, then there is every chance that they might misuse the opportunity. Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 defines juvenile as a boy who has not completed 18 years of age.

Nowadays, love marriage and elopement occur every now and then. After juvenile age is lowered, a 16-year-old school boy may take any step against the family members and parents. It is true that the gang rape victim’s soul will get some consolation if the accused minor is not spared on the plea of juvenility. But there are also other problems and consequences as well in reducing the age limit for attaining adulthood. It is very rare that a boy of sixteen can take any decision independently and with full responsibility.

After lowering the juvenile age, child marriages will increase in number and many such other incidents will occur which may create a bigger crisis. It would be better that we take some more time to discuss the pros and cons of lowering the juvenile age, and at the same time there should be a special bill for punishing minors accused in the gang rape in the harshest possible way. But to generalize the issue and to bring all 16-year-old youths in adult category could prove to be a decision taken in hurry. After all, there are no assurances that reduction in juvenile age will help in preventing rapes.

COMMENTS (3)
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India should not do any hurry in promulgating laws to allow the teenagers to give consent for sex even before they attain the age of 16, It will have dreadful consequences....
Komal Tyagi
What a country... I feel shame to be called an Indian sometimes. How can we let loose a criminal simply because he's proven an underage guy? Can't we see the severity of his crime in a different light? If our judiciary really wants to make India a crime free country then we'll have to give some exemplary punishments & reducing juvenile age from 18 to 16.
Samir Thapa
In Western Countries, the juvenile criminal who have committed heinous crimes like murder are treated as adults and laws are applicable to them as adults. A judge decides if a minor can be treated as an adult. Why can’t we do that in India?
merinews for RTI activists
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kamal nath
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sushil kumar shinde
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