File pic: Protests after the Delhi gang-rape in December, 2012
The cabinet has approved the bill to amend the Juvenile Justice Act, which opens a pathway to treat minors above the age of 16, who are accused of heinous crimes like rape and murder, as adults.
The bill empowers the Juvenile Justice Board to decide whether a minor would be tried in a regular court or sent to a correctional centre. But in case a juvenile undergoes a regular trial, he can't be sentenced to death penalty or life imprisonment.
The government plans to introduce the bill in the current session of Parliament.
Currently, the maximum punishment under the Juvenile Justice Act is three years' confinement at correctional homes.
The proposed change in legislation was triggered by a spate of rapes over the last two years, in which minors were found to be involved. The case that caused the worst outrage was the gruesome December 2012 gang-rape in Delhi, in which a 23-year-old paramedical student died of her injuries.
One of the accused, a youth who was a few months short of attaining majority, was tried by a juvenile court and sentenced to three years in a reform home.
The light punishment sparked a debate on whether India is soft on young offenders. Rights activists maintain each case must be treated individually and children under 18 should be given a chance to reform.
Last week, Women and Child Development Minister Maneka Gandhi said in Lok Sabha that the move to amend the act was aimed as a deterrent for child offenders and it would also protect the rights of the victim.
The other provisions in the amendment include bringing in more clarity in the role and procedures of statutory structures like Child Welfare Committees and Juvenile Justice Boards, and strengthening punitive measures for offences against children.