The juvenile convict in the Delhi gang-rape was sentenced to three years in reform home
The government is planning changes in law to treat juvenile offenders involved in serious crimes on par with adult criminals.
The Women and Child Development ministry has reportedly prepared a note on amending the law so that accused between 16 and 18 involved in crimes like rape and murder or those involving rare brutality will no longer be protected by the Juvenile Justice Act, and can be tried and sentenced as adults.
The ministry, say sources, will leave it to the Juvenile Justice Board to take a final decision. The note is likely to be taken up by the Cabinet soon. The proposal empowers the juvenile board to evaluate the gravity of the crime and various other factors to decide whether a minor accused should be tried as an adult.
This comes months after the youngest man convicted in the fatal gang-rape of a medical student on a moving bus in Delhi, was sentenced to three years in a reform home. He was a few months short of 18 when the crime was committed. Four of his fellow convicts were sentenced to death in September.
The girl's parents have moved the Supreme Court challenging the Juvenile Justice Act and seeking a criminal trial against the 18-year-old saying he was an equal participant in the assault and rape of their daughter, who died after two weeks in hospital.
The top court had in July rejected petitions to reduce the age limit of juvenile offenders from 18 years, in the face of fierce protests on the street and demands by activists.
India is a signatory to the UN convention on child rights, which, officials say, has hampered moves to change the law for minor accused. The government plans to use the word "juvenile" instead of child to do away with this obstacle.