Alappuzha murder: Legal dilemma over trying minors as adults under JJ Act
Alappuzha: The brutal murder of an elderly man allegedly by four teenagers, including a relative, has triggered a legal debate over the applicability of the Juvenile Justice (Care and Protection of Children) Act, 2015, in Kerala. The case is unusual as all the accused are minors, with three aged between 16 and 18 years, and one just 13 years old.
The police have sought legal opinion on whether the three older minors can be tried in a regular court for committing a heinous offence. The Act, amended after the 2012 Delhi Nirbhaya gang-rape and murder, allows children aged 16 to 18 to be tried as adults for heinous crimes like rape and murder. The 13-year-old, however, falls outside this provision, leaving the law silent on punishment.
District Police Chief T.K. Vishnu Pradeep said this could be the first murder case in the State where all accused are minors. “We have a unique case at hand as all the accused, who were reportedly involved in the planning, organising, and execution of the crime, are minors. Mostly, the presence of some adults would be seen in cases involving children,” he said.
The Juvenile Justice Board (JJB) will decide whether to invoke the Act against the three older minors. A senior district judge explained that the law presumes a child below seven years cannot commit a crime, and only those aged 7 to 18 are considered children in conflict with law. For the 13-year-old, the JJB will focus on social rehabilitation and integration. “The child may be sent back to its parents or admitted to a care home after due process,” the judge said.
The JJB will conduct a preliminary assessment of the mental and physical capacity of all accused with the help of psychologists or psychosocial workers. Factors such as the child's ability to understand the consequences of the offence, family background, instances of abuse, trauma, and substance abuse will be examined. “The child will be presumed innocent during the process,” another judge noted. If found eligible for trial as an adult, the case will be transferred to a children's court, where a further evaluation will take place. Reformative services and psychiatric support will also be offered.
However, concerns have been raised about delays in completing these assessments. A judge said the process often takes years, defeating the purpose of the Act. “The delay in completing the assessment process on time is defeating the purpose of the Act. Often, assessments take a few years after the alleged act to complete, making the exercise a farce,” he remarked.
Child rights experts see the incident as a broader societal failure. J. Sandhya, a former member of the Kerala State Commission for Protection of Child Rights, said the case points to the collective failure of the State to identify and protect vulnerable children. “We as a society should hang our heads in shame for the failure rather than attributing reasons for the acts of the children and demonising them,” she said.
The case highlights the delicate balance between justice for the victim and the rehabilitation of minors. As the legal process unfolds, it raises important questions about the effectiveness of the juvenile justice system in addressing crimes committed by children, and the need for timely and compassionate intervention.
