Context
- A Private Member’s Bill (December 2025) proposes lowering the transfer age from 16 to 14 years.
- The proposal targets children accused of heinous offences carrying minimum seven-year imprisonment.
Juvenile Justice Framework
- The JJ Act, 2015 introduced a “transfer system” for serious adolescent offences.
- Children aged 16–18 years may face preliminary assessment by Juvenile Justice Boards.
- Assessments examine mental capacity, understanding of consequences, and circumstances of offence.
- Children’s courts can try transferred adolescents as adults or as children.
Concerns with Transfer System
- The system lacks empirical support and contradicted parliamentary review findings.
- No reliable tools exist to assess adult-level mental capacity retrospectively.
- Decisions often rely on subjective indicators like remorse, fear, or awareness of wrongdoing.
- Similar cases receive unequal outcomes due to varied JJB interpretations and procedures.
Statistical Reality of Youth Crime
- NCRB 2023 recorded 31,365 cases involving Children in Conflict with the Law.
- These cases formed 0.5% of total crimes registered nationwide.
- 79% of apprehended adolescents were aged 16–18 years.
- Only 21% belonged to the 12–16 years category, challenging deterrence claims.
Structural Vulnerability Perspective
- Many CICLs are also children needing care and protection.
- Contact with justice systems often reflects poverty, inequality, and unmet welfare needs.
- Lowering the age threshold risks deepening punitive exposure rather than addressing vulnerability.
Impacts of Adult Criminal Processes
- Detention disrupts education and hampers cognitive development.
- Criminal trials create stigma and lasting psychological stress for adolescents.
- Reports highlight illegal police detention and adult prison placements.
Reform-Oriented Approach
- The Bill prioritises punishment over rehabilitation and reintegration principles.
- Emphasis should shift toward family support, education, and mental health services.
- Strengthening institutions ensures child protection without eroding rights-based safeguards.