Do you think a minor of age 17 or below should be treated as an adult in the eyes of the law when committing horrific crimes?
With respect to the tragic case of the Jubilee Hills Gang Rape, the Juvenile Justice Board of Hyderabad has recently announced that four out of the five accused juvenile offenders might be tried as adults.
The Jubilee Hills Gang Rape Incident
On the 28th of May 2022, in Jubilee Hills, Hyderabad, a seventeen-year-old girl was gang-raped by 5 minors and a major, inside a car on her way home from a club. The family members of the victim were in shock when they found out that videos and pictures of the brutal crime were leaked on Instagram.
Among the accused criminals, one of the minors is the son of a Hyderabad MLA, who claims that he was not involved in the rape but is charged with the act of trying to kiss the victim inside the car.
Hence, the fifth CCL (Child in Conflict with Law) will not be tried as an adult with the other four juveniles as pronounced by the Juvenile Justice Board. The magistrate in the order proclaimed, “No preliminary assessment conducted in respect of CCL5 as the offenses alleged against him are not heinous.”
Trial Of The Juveniles In The Jubilee Hills Gang Rape Incident
The police appealed before the Juvenile Justice Board that the underage offenders involved in the gang rape of an adolescent girl should be regarded as adults. A senior officer proclaimed, “There is solid evidence against the accused. We will seek for the trial of the juvenile accused as adults and also request for a trial in a fast-track court.”
Radhika Gavvala, the Principal Magistrate of the Juvenile Justice Board stated in the order, “They were not under the influence of alcohol or other substances. There were no compelling circumstances in which the CCLs allegedly committed the offense. Hence, I am of the opinion that the CCLs should be tried as adults having regard to the gravity of the offense alleged against them”
The four juveniles will be put on trial as adults, while the fifth offender will still be treated as a minor since his offenses were not as far-stretched as the rest of them.
Also Read: Gangrape Survivor Booked For Alleged “Misbehaviour” In The Court
How The Law Altered With Time
Several pleas have been made in the past for granting the prosecution of juveniles involved in atrocious crimes who are at least 16 or above.
It picked up steam chiefly during the Nirbhaya Gang Rape Case in 2012, where a 17-year-old teenager was involved in the rape of a woman inside a moving bus. The Justice Verma Committee pleaded for alterations in criminal laws but the plea was turned down.
In August 2013, the Shakti Mills Gang-Rape Case in Mumbai came to light, where yet another juvenile involvement gave rise to public outcry.
Finally, in 2015, the Juvenile Justice Act was redrafted, sanctioning the right to prosecute criminals of age 16 or above under the condition that they were found guilty of “heinous offenses.”
Is The Trial Of Juveniles As Adults In India A Special Case?
Apparently, yes. The Juvenile Justice Board has issued a few orders in favor of trying juveniles as adults in the past. But not a single one of these cases has received the support of the higher courts. Such orders have either been entirely put aside or instructed a whole new adjudication by the Supreme Court or High Courts of Delhi, Mumbai, and Punjab.
Let us know your opinion in the comment section below.
Disclaimer: This article is fact-checked
Image Credits: Google Photos
Feature Image designed by Saudamini Seth
Source: The Times Of India, The Indian Express & The Economic Times
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This post is tagged under: juvenile offenders, juvenile, crime, criminals, crimes, heinous, rape, Jubilee Hills Gang Rape, Hyderabad, gang rape, Nirbhaya, Delhi, Punjab, courts, justice, juvenile justice, trial, prosecution, juvenile prosecution, adult trial, punishment, law
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