Kerala High Court urges lawmakers to lower juvenile age to 16 from 18

Kochi: The Kerala High Court has called on legislatures to consider lowering the age threshold for treating juveniles as children from 18 to 16, observing that current trends indicate adolescents attain sufficient maturity by 16.

Justice A. Badharudeen made the observation while hearing a petition seeking strict enforcement of the ban on serving alcohol to people below 23. The petition referred to the Nedumbassery accident in which three people were killed after a Mini Cooper driven by an 18-year-old crashed into them. It alleged that the accused and his friends had consumed alcohol at Ernakulam bars before the crash, despite the prohibition on serving liquor to those under 23.

Sections 15A and 15B of the Kerala Abkari Act prohibit the sale and serving of alcohol to people below 23. The petitioner, journalist Vinod Vikraman Pillai, alleged that bars routinely fail to verify customers’ ages and that Excise officials have not ensured effective enforcement.

The court also expressed concern over road accidents caused by minors who had consumed alcohol. It observed that the easy availability of liquor to underage persons, despite legal restrictions, poses a threat to public safety and said the matter required detailed consideration.

Under the Juvenile Justice Act, persons below 18 are classified as children. The 2015 law allows those aged 16 to 18 who are accused of heinous offences to be tried as adults in certain circumstances, following a preliminary assessment.

The court’s observation does not amend the law or change the age threshold. It is only a suggestion that lawmakers consider the issue.