Juvenile criminals cannot escape easily…

Women and Child Welfare Minister Maneka Gandhi recently said that juveniles who commit rape should be tried as adults.  She is personally working to amend the law so that 16-year-olds who account for 50 per cent of the sexual crimes are brought out of the purview of the Juvenile Justice (Care & Protection of Children) Act (JJA).

Today, a need has arisen to discuss the growing clamour to  reduce the age of juveniles from 18 to 16 in the JJA in the wake of deadly Delhi gangrape, notwithstanding the subsequent reports of unabated sexual offences.   While there seems near-unanimity among most segments of the society to do so, experts are of the opinion that this would open a pandora’s box.  There are very strong groups who advocate that juvenile should be judged by the magnitude of the crime, not age, a  likely deterrent for others.

Is it right to call Juvenile Act lenient?

But when we are frequented by cases of juveniles who are involved in such abominable acts of crime that are horrific in their nature, the society obviously lashes back.  While it is shocking a child of 17 years could commit such crimes, another school of thought  argues that the juveniles have been into all kinds of crimes like rape, murder etc. but media, of late, has exposed it in a big way.  Why the child has committed such crimes?  It is for Juvenile Justice Board (JJB) to probe the whole system and ensure the child  does not become a criminal, while it cannot be discounted whether the reformatory system worked or not.

Is JJA only for reform, not to punish?

The inherent flaw in JJA is it never meant for punishment, but to reform and correct.  A big debate has triggered after JJB declared the sixth accused in the infamous Nirbaya case as “minor”. Political parties and activists have demanded that the juvenile accused, the most brutal among the six, be treated on par with the rest.  The minor-accused was declared as 17 years, 6 months and 24 days old. As per Section 15(g) of the JJA, a juvenile aged between 16–18 years if convicted of any offence can be sentenced to a special home for a maximum period of three years  and thereafter be released on probation.  However, Section 16 of the Act also provides  a juvenile can be confined till s/he attains 18 years of age, and cannot be sent to jail thereafter, which in effect will result in this case.  The severity of the crime has no consequence in this case.

A child cannot rape, nor rapist  be a child

Image courtesy: India Today Group

Nina P Nayak, Member of National Commission for Protection of Child Rights (NCPCR) argues that “there should be no change in the age of the juveniles.  If juvenile commits crimes like rape or murder, it is the failure of the system. Punishing a child cannot be approved…”  In India, 18 is reckoned as the cut-off age for child labour, marriageable age, drinking, driving , contracting and hence more thought should engage the age amendment perspective.

But, a 16-year old has enough knowledge to differentiate between right and wrong. Any girl on attaining puberty is an adult regardless of age.  Juvenile Justice system may be applicable only to minor offences where there is no bodily harm is inflicted, though punishment can be severe for a repeat offence.  Tougher laws, stringent action and a proper mechanism to look into the aspect of updating laws as society changes are becoming imminent.

Are tough adult sentences counter-productive?

When a juvenile rapes/kills, does he instantly become an adult?  Or does he maintain some trappings of childhood, despite the gravity of his action?  Studies suggest that the brain may not be fully developed until 20 years of age. Should we give up our children and consign them to the adult penal system, where rehabilitation is not a priority? These are questions plaguing our society and the legal system, as violent acts of juveniles continue to make headlines. It is argued that mind continues to develop, well after the body has physically matured.  The U.S. Supreme Court, for instance, has ruled that “capital punishment is unconstitutional for anyone who hasn’t celebrated their 16^th birthday”.

Putting the juvenile offenders with hardcore criminals will make them fodder for the elements who will readily accept such disgruntled teenagers.  Even as lawmakers reason merits of death sentence for rapists would bring down the crime rate, there are those who warn that it may lead men killing women after rape to avoid death penalty. 

How young is too young?

Crime, not the age, should be the criteria, but the quantum of punishment must weigh if the juvenile’s brains and thought process are alert to know that s/he had committed a grave act, before sentencing.   Nina Nayak’s outlook is noble and visionary, but it is indifferent to the safety of the common people.  Is there a list of  cases where she has successfully rehabilitated juveniles, particularly the savage ones?  Will there be a drop in crime because juveniles would rethink about the severity of adult sentences?  In U.K., anybody who is 17 is an adult and can be tried as such in serious offences.  Children between 10 and 18 are punishable upto 14 years of imprisonment. In many American states, an adult court automatically takes over serious crimes even if a juvenile is aged 13-15.

Image courtesy: India Today Group

Time to revisit the Juvenile Justice Act

Though rehabilitation can give a second chance, children today are more sophisticated at a young age and hence it could be absurd to argue that a modern child who sees the effect of violence around him/her in the media everyday, doesn’t understand what raping or killing really is. The end-result of a heinous crime is the same, no matter who commits it.  Perpetrators are beyond any help juvenile system has to offer.  The mind set of trying juveniles as adults is  gaining national momentum.  Rape culture is perpetuated through the misogynic language and glamorisation  of sexual violence, thereby creating a society that disregards women’s rights and safety.  Neither perspective on juvenile crime adequately resolves the contentious issue of the age.  When you can discern the crime, you can be punished. There is no cure for someone who would do what he did. 

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Also read:  http://kmurthy608.blogspot.in/2014/07/campus-rape-who-are-these-predators.html

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