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| Will LA extend new JJA to JK? | | | Jammu: With the Governor having summoned the session of the state legislature, the human rights defenders hope that the legislators will take appropriate measures to extend the new Juvenile Justice Act 2000 to the state.
The state continues to be governed by older version of the legislation that was enacted in 1986 and was extended to the state in 1987. The law came up for discussion when Amnesty international released its report on Public Safety Act titled `A lawless law' early this year.
The law came under severe criticism when police detained a youth from Faizan from South Kashmir under Public Safety Act (PSA). The police maintained that Faizan was not a minor as per the provisions of the Act that governs the state. The matter was referred to the Chief Minister. A board was constituted and fixed his age between 17- 18 years. "The age of the accused is more than 17 years which do not fall anyway under the category of "underage", police said.
The older version of the law was enacted in India in 1986. The state of Jammu Kashmir extended the law in 1987. However, after taking into consideration the provisions of similar legislations of various countries, the law was amended. Under the amended law a person below the age of eighteen is a minor. In rest of India a boy of eighteen is a minor. But the Jammu Kashmir legislators believe the mental and physical faculties of boys develop fully by the time they complete sixteen years of their lives. So in Jammu Kashmir anybody who is above sixteen is not a minor.
The board in its findings fixed Faizan's age between 17- 18 years. "The age of the accused is more than 17 years which do not fall anyway under the category of "underage", police said. |
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