Lowering the age of juvenility for crimes is a step back, Pg6

Key Highlights:

• A Private Member’s Bill was introduced in Parliament in December 2025 seeking to amend the JJ Act by lowering the age threshold for juveniles from 16 to 14 years for "heinous" offences.
• The Bill proposes that 14 to 15 year olds accused of crimes with minimum 7 years imprisonment could be tried as adults.
• NCRB data from 2023 indicates that only 21% of apprehended Children in Conflict with the Law (CICL) were between 12 and 16 years old.
• The proposed amendment prioritizes retribution over rehabilitation and reintegration, potentially exposing younger adolescents to adult criminal processes.

Detailed Insights:

• The Juvenile Justice (Care and Protection of Children) Act, 2015 introduced the "transfer system" allowing 16-18 year olds accused of heinous crimes to be tried as adults after preliminary assessment.
• The "transfer system" has been criticized for arbitrariness, procedural complexity, and shifting focus from developmental stages to abstract notions of blame.
• Assessments under the "transfer system" often rely on subjective factors unrelated to developmental capacity, leading to inconsistent outcomes for similarly situated children.
• Lowering the age threshold risks drawing vulnerable children deeper into punitive processes without addressing the underlying issues of structural vulnerability and inequality.
• Exposure to adult criminal processes can interrupt schooling, stunt cognitive development, generate stigma, and create lasting psychological strain for children.
• The focus should be on strengthening institutions, families, education, and mental health support systems to prevent harm and support children in conflict with the law.
• The proposed amendment undermines foundational child rights principles, including the best interests of the child and equality before the law.

Key Concepts Involved:

• Juvenile Justice Board (JJB): A panel responsible for dealing with children in conflict with the law.
• Children in Conflict with the Law (CICL): A child alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence.
• Heinous Offences: Offences with a minimum punishment of seven years’ imprisonment or more.