Centre rejects panel’s idea to try 16+ as adults under Pocso

The Ministry of Women and Child Development told the panel that the Juvenile Justice (Care and Protection of Children) Act, (JJ Act), 2015 is the primary legislation for children in need of care and protection (CNCP) and children in conflict with law.

The government has turned down the suggestion of the parliamentary panel on Home Affairs to charge as adults, those over the age of 16 involved in cases of child sexual assault, according to the action taken report tabled by the committee in Parliament on Tuesday.

POCSO was enacted in 2012 to check mounting crimes against children and lists the maximum punishment as life imprisonment and death. (Raj K Raj/HT Photo)

Anyone under the age of 18 is treated as a juvenile in India.

The Ministry of Women and Child Development told the panel that the Juvenile Justice (Care and Protection of Children) Act, (JJ Act), 2015 is the primary legislation for children in need of care and protection (CNCP) and children in conflict with law. “Child accused of crime under POCSO (Protection of Children from Sexual Offences) Act is protected under the provisions of JJ Act, 2015 based on principal of restorative justice. The JJ Act, 2015 empowers Juvenile Justice Board to decide upon matters of children in conflict with law,” the government said in its reply to the panel.

The government’s position is that offences committed by children have been categorised as “petty, serious and heinous offences” and the provision to try them as adults already exists under the JJ Act. “The JJ Act, 2015 also includes procedure to decide upon cases where children above the age of sixteen years have been alleged to have committed a heinous offence.”

Hindustan Times first reported on March 11 that the committee recommended the lowering of age from 18 years to 16 years for trying people as adults under the POCSO Act -- a move prompted by a desire to reverse the trend of increasing crimes against children, including some committed by juveniles. The committee noted that cases registered under POCSO rose from 32,608 in 2017 to 47,325 in 2019 , an increase of nearly 45% in two years , and made important recommendations to check cyber crime, improve the condition of sex workers and increase police accountability in cases of crimes against women.The recommendation caused much consternation among experts, who argued that reducing the age may end up penalizing consensual relationships between two minors.

POCSO was enacted in 2012 to check mounting crimes against children and lists the maximum punishment as life imprisonment and death.

The committee’s recommendation to set up a database of destitute women and children was well received by the government. “Ministry of Women and Child Development has taken note of the recommendation and would make endeavour for putting in place database in consultation with relevant central Ministries and States/ UTs,” the government has said in its response.

And the education ministry is in the process of reviewing another recommendation on ensuring that school books are gender sensitive, and has suggested that the home and education ministries ask the states to do the same.

“The committee notes the reply of the Ministry of Education that the Department of Gender Studies of NCERT is in the process of reviewing its textbooks from a gender perspective. The committee would like to be apprised about the changes made during the last five years in the textbooks to promote gender equality.”

The panel’s March report also focused on criminals using Virtual Private Network (VPNs) – which allow a user to mask their location – to access the dark web, bypass cyber security walls and remain anonymous. It recommended that the Union government permanently identify and block such VPNs. In its action taken report, the panel has noted the incomplete reply of the minister of electronics and information technology. “No information has been provided on coordination mechanisms with international agencies to block VPNs permanently and initiatives taken/proposed to strengthen the tracking and surveillance mechanisms to put a check on the use of VPN and the dark web. The MHA may put its efforts in getting such information from MeitY and furnish the same to the Committee,” the report said.