A network of NGOs, lawyers, activists and individuals working for child rights under the banner of 'Prochild' on Monday opposed the juvenile justice amendment bill, arguing that it was against the constitution.The Lok Sabha on May 7 passed the bill which paves the way for children in the age group of 16-18 years to be tried as adults if they commit a heinous crime. The bill is likely to be taken up in the Rajya Sabha on Tuesday.Speaking about the unconstitutionality of the bill, activist Ved Kumari said that treating 16-18 years old children as adults violated the fundamental right to equality under Articles 14 and 15(3) of the Constitution.
"The preliminary assessment by the Juvenile Justice Board providing for procedural arbitrariness violates Articles 14 and 21 because an accurate assessment of mental capacity for the purpose is not possible and will result in subjective and arbitrary transfers," she said."Latest research shows that individualized assessments of adolescent mental capacity is not possible," she added.It was pointed by the group that the bill proposes the establishment of places of safety, which do not exist currently and without additional finances, they will either be detained in the existing special homes or jails.Advocate Vrinda Gover said: "I denounce these amendments being made in the name of protecting women and urge the parliament to reconsider the same. I believe that the government must invest in strengthening the reformative and rehabilitative mechanisms under the juvenile justice law."