File pic: Protests after the Delhi gang-rape in December, 2012
A draft bill to try minors above the age of 16 years - accused of heinous crimes including rape and murder - as adults, is all set to go to the cabinet for approval. If approved, the bill will pave the way for an amendment in the Juvenile Justice Act.
A green signal from the cabinet looks likely, especially with Union Minister for Women and Child Development Maneka Gandhi recently calling for a change in the law. Currently, the maximum punishment under the Juvenile Justice Act is three years' confinement at correctional homes.
The controversial move by the government was triggered by a spate of rapes in which minors were found to be involved. The case that caused the worst outrage was the gruesome December 2012 gang-rape in Delhi, in which the 23-year-old woman died of her injuries.
One of the accused, a youth who was a few months short of attaining majority, was tried by a juvenile court and sentenced to three years in a reform home.
The light punishment sparked a debate on whether India is soft on young offenders. The girl's parents moved Supreme Court, but their request that the youth be tried and punished as an adult was rejected in March.
Earlier this month, Mrs Gandhi said, "50 per cent of all sexual crimes are committed by 16-year-olds who know the Juvenile Justice Act so they can do it." The Supreme Court also urged a rethink on the subject.
A section of human rights activists, however, warn that each case must be treated individually and children under 18 should be given a chance to reform, since many of them come from poor families and have suffered abuse.
The Justice Verma Committee, formed after the Delhi gang-rape to amend the law, too, held that the age ceiling of 18 must be rigorously maintained as the aim of the law is to reform a child offender.