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<p id="1">The Supreme Court ruling that an accused deemed as juvenile by lower courts &ndash; the case is the brutal Kathua gangrape-murder of an 8-year-old &ndash; should be tried as an adult should set an example for all courts when dealing with heinous offences. The Juvenile Justice Act changes in 2016 had made allowances for trial of 16-18-year-olds as adults in heinous offences, and the legal system must uphold the spirit of the new law. The Kathua case accused Shubam Sangra had claimed he was only 15 during the crime in January 2018. A birth certificate issued purportedly in 2004 showed his birth as October 2002. But birth certificates issued concurrently for his elder brother and sister revealed an impossible two-month gap between their births. A school certificate dated Sangra&rsquo;s birth to October 2003. In contrast, a medical board of five senior doctors&nbsp;after tests pegged him between 19-23. Despite such glaring irregularities and definitive medical opinion, the magistrate and J&amp;K high court allowed Sangra&rsquo;s trial as juvenile.</p>
<p id="3">Given the stakes, that these matters travel to SC is understandable. But what&rsquo;s not acceptable are huge delays and procedural loopholes. After J&amp;K HC ruled in Sangra&rsquo;s favour in October 2019, it took three years for SC&rsquo;s ruling. Such long delays are unjust. Given that many Indians are document-poor and that influential persons can falsify documents, modern techniques for medical determination of age &ndash; the &ldquo;epigenetic clock&rdquo; technique suggested by SC &ndash; must be adopted.</p>
<p id="4">The Gurgaon school murder where a 16-year-old boy murdered a Class II student in September 2017 also revealed serious flaws in the juvenile justice system. The local Juvenile Justice Board and a psychologist cleared the juvenile for trial as an adult. But the HC in November 2018 said they had failed to properly follow JJ Act&rsquo;s mandate of ascertaining mental capacity to commit offence, ability to understand consequences, and circumstances in which the offence was conducted. HC wanted the assessment repeated. But an appeal in SC took until July 2022 for disposal.</p>
<p id="6">SC left it to JJ Board&rsquo;s discretion whether to re-perform his psychological assessment. Despite five years elapsing, the Gurgaon JJB re-assessed the now 21-year-old and ruled him fit to be tried as adult. Such serpentine process makes a mockery of justice. In 2021, 877 juveniles between 16 and 18 were apprehended for murder and 939 for rape. So many heinous offences require a robust system, more psychology experts, and faster hearing of appeals.</p>
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