Kochi, Nov 14 (IANS): The Kerala High Court has called for a rethink on the age of juveniles under criminal law, observing that the time has come for the legislature to consider reducing it from 18 to 16 years in view of the changing nature of crimes and the maturity shown by children.
The observation by Justice A. Badharudeen has triggered a wider debate, with State Women and Child Development Minister Bindhu Krishna saying the suggestion deserves consideration and retired Kerala High Court judge Kamal Pasha also supporting a review of the existing age limit.
The minister said laws needed to be fine-tuned with the passage of time and that the court's observation was an issue that could be looked into.
Kamal Pasha said the time had come to make the changes suggested by the High Court, pointing out that children had considerable awareness of the world by the age of 16.
“It is high time for the legislatures to consider appropriate amendments in the statutes which deal with juveniles and children in conflict with law to reduce the age to 16, taking note of the present trend showing sufficient maturity by children when they reach the age of 16,” Justice Badharudeen observed.
The court was hearing a petition seeking accountability from excise officials and licensed bars for serving liquor to persons below 23 years, in violation of Sections 15A and 15B of the Kerala Abkari Act.
The plea cited the recent fatal accident at Nedumbassery involving a Mini Cooper allegedly driven by a 19-year-old under the influence of alcohol.
It claimed that the accused, aged 19, had been served liquor at multiple bars in Ernakulam before the crash.
Observing that even persons below 18 had been involved in fatal road accidents after consuming alcohol, the court said the petition required detailed consideration.
It also noted concerns over the easy availability of liquor to young people despite statutory restrictions.
The court directed the Excise Commissioner to file a statement detailing the steps taken to enforce the prohibition on serving alcohol to persons below 23.
The case has been posted to November 24.
The petition, filed by journalist Vinod Vikraman Pillai, also alleged a nexus between excise officials and bar establishments and sought an independent vigilance probe, electronic age verification systems at bars and action against establishments violating the law.
The High Court's observation does not change the existing legal definition of a child, which remains a person below 18 years under the Juvenile Justice Act.
Any change would require legislative action, and for that, the debate has begun.
—
This report was published from a syndicated wire feed. Apart from the headline, the EdexLive Desk has not edited the copy.
