Maharashtra Chief Minister Devendra Fadnavis on Tuesday said the provisions of MCOCA would be invoked against gangs found using minors to commit offences, and that those providing weapons, money or other assistance to juveniles would also be treated as participants in organised crime.
Replying to a discussion in the state legislative Assembly during the Question Hour, Fadnavis said if investigations establish a gang nexus, the accused would be booked under the organised crime law even if they were not physically present at the crime scene.
The Maharashtra Control of Organised Crime Act (MCOCA) is a stringent law enacted in 1999 to combat organised crime, gangs, their networks and underworld syndicates. The law was designed to provide police and special courts with broader, more aggressive powers to dismantle these networks.
Fadnavis said the government has brought amendments to strengthen legal action against those who directly or indirectly induce minors into crime.
Clarifying that the eight incidents of murders in Jalna district, allegedly involving minor accused, did not reveal any organised gang angle and were primarily the result of family disputes, the CM said there were concerns over criminal syndicates exploiting juvenile laws to use minors for illegal activities.
The eight cases cited by members were found to have stemmed mainly from family disputes and there was no evidence that they were committed for the reasons mentioned in the starred question, he said.
However, he acknowledged growing concerns that criminal gangs were exploiting provisions of the juvenile justice law by using minors to commit offences.
“There are instances where children are being induced with money and used to commit crimes. We take this seriously," the Chief Minister said.
He also announced that the state will constitute a high-level committee to scientifically study the increasing involvement of juveniles in crime and recommend measures, including proposals that may require intervention by the Centre.
Responding to Shiv Sena MLA Arjun Khotkar, who alleged that gangs were increasingly using minors for crimes, illegal liquor trade, narcotics trafficking and other offences because they receive protection under juvenile laws, Fadnavis said the government has already moved amendments to tighten the law.
Khotkar urged the government to invoke organised crime provisions against gangs recruiting juveniles, undertake crime mapping in Jalna district and examine whether counselling was being provided to minors after their release from juvenile homes. He cited instances of schoolchildren allegedly carrying knives and warned that the trend posed a serious threat to society.
In his response, Fadnavis said people who directly or indirectly encourage minors to commit crimes, provide them weapons, money or logistical support, or otherwise aid them, would face stricter punishment. If any gang-like activity is established, such persons will also be booked under the state’s organised crime law, even if they were not physically present at the crime scene.
“Provisions of the MCOCA will be invoked against gangs found using minors to commit offences," Fadnavis told the House.
On demands to reduce the age at which juveniles can be tried as adults, Fadnavis said such a decision can only be taken by the Centre.
He noted that under the existing legal provisions and Supreme Court rulings, children above 16 years can, in certain heinous offences such as murder and rape, be tried as adults after following the prescribed legal process.
Accepting Khotkar’s suggestion, the CM said the state would set up a high-level committee to undertake a scientific study of the issue.
“The committee will examine the problem, recommend measures that can be implemented by the state and identify issues that need to be pursued with the central government," he said.
The committee’s recommendations would be considered by the state government, while proposals requiring changes in central law would be forwarded to the Union government for appropriate action, Fadnavis added.
