Daijiworld Media Network - Kochi
Kochi, Nov 15: The Kerala High Court has suggested reducing the statutory age of juvenility from 18 to 16 years, urging lawmakers to consider amendments to the existing law amid concerns over the alleged involvement of minors in serious criminal offences.
The observation comes amid growing concerns over adolescents aged between 16 and 18 being involved in offences such as violent crimes, substance abuse and narcotics trafficking.
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, anyone below the age of 18 is considered a child and is dealt with under the juvenile justice system.
However, the law provides for an exception in cases involving heinous offences allegedly committed by juveniles aged between 16 and 18. In such cases, the Juvenile Justice Board can conduct a preliminary assessment to determine whether the juvenile should be tried as an adult.
The assessment considers the juvenile's mental and physical capacity to commit the alleged offence, ability to understand its consequences and the circumstances in which it was committed.
The High Court's suggestion to lower the overall age threshold has renewed the debate over whether the existing provision for adult trials in specific cases is sufficient to address serious offences involving minors.
The issue also highlights the challenge of balancing child protection and rehabilitation with public safety and accountability for serious crimes.
Any change to the statutory age of juvenility would require legislative intervention, as the Juvenile Justice Act is a central law. The existing framework is also aligned with international child protection principles, including the United Nations Convention on the Rights of the Child, which recognises every person below 18 as a child.
Child rights advocates have maintained that adolescents are still undergoing cognitive and psychological development and should be given opportunities for rehabilitation rather than subjected to adult criminal punishment.
However, sections of law enforcement agencies and the judiciary have raised concerns that organised criminal networks may exploit or recruit adolescents in the 16-to-18 age group, taking advantage of the protections available under the juvenile justice system.
The High Court's observation has once again brought the existing age threshold into focus, with the debate centred on addressing serious juvenile offences while upholding the principles of child protection and rehabilitation.