No, One Nirbhaya can’t change our juvenile justice system

Nirbhaya DemonstrationWith the news of the juvenile getting freed in 48 hours, the debate of whether the Juvenile Laws need to be changed is getting heated up. A section of population with strong backing from media and online petitions is seeking to pass the changes to the JJ bill in RS so that even juveniles can be treated like adults for serious crimes. Unfortunately even the ministry that is supposed to work to juvenile welfare is also forcing harshest punishment for our juveniles. However, here are the reasons why one outlier case can’t decide fate of our juveniles in future due to following reasons –

The guiding principles of adjudicating matters involving juveniles are as follows –

  1. If this ONE crime leads to any change in JJ Act in favour of sending all future juvenile offenders to adult prisons, that will stop their reforms and any possibility of future contribution. This is especially dangerous for a nation as these juveniles will then surely take entry into the criminal or terrorist world.
  2. For any crime pertaining to juvenile offenders it is NOT the crime or intensity of the crime but situation that had led to the crime should determine the punishment. This is because juveniles can easily be misguided to commit a crime. Under such situation treating a juvenile with formative bend of mind as an adult will only lead to disaster.
  3. If some countries who were signatories of international treaties banning juvenile punishment as adults have departed from the same, it is because their juvenile crime rate has gone much higher than that in India. Thus making any exception to change the JJ system is only outrageous and very harsh for our future boys.
  4. India is already a signatory to the United Nations Standard Minimum Rules for the administration of Juvenile Justice, 1985 (Beijing Rules); the Convention of the Rights of the Child, 1990 (CRC) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, 1990 (Havana Rules) – these obliges India to set up a juvenile justice system separate from the criminal justice system.
  5. The gravity of crime” – another popular theory brought forward by feminists to change the JJ Act also needs the facts to be established that the juvenile was equally cruel and participative in the crime and was not lured into or not taken away by other adult criminals around. The same arguments used to protect adult women criminals in murder or other heinous crimes.
  6. Even if the true test of “juvenility” is attributed to the mental maturity of the accused instead of their age, in the case of Delhi Gang Rape too, the juvenile who belonged lower strata of socioeconomic background and India’s backward classes can’t be classified in any manner as mentally adult.
  7. The main objective of JJ board is to ensure that juveniles can get reformed and contribute to the building of the nation in later years of their life. Since juveniles can be lured into any crime without proper maturity to understand the gravity of the consequences they are better given this chance to live rather than being harsh on them.
    • Reaction is proportional to the gravity of the crime with the needs of the juvenile and the society in mind
    • Restrictions on personal liberty of the juvenile be kept at minimum for their benefit and reforms
    • Deprivation of personal liberty to a juvenile be imposed only for grave or repeated crimes and when no other alternatives are available
    • The well-being of the juvenile is considered first as their reform is the main social issue
  8. The state committee formed under article 43 of CRC (Convention of Rights for the Child, 1990) has already recommended against detention of children with adults criminals
  9. The United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the Vienna Guidelines for Action on Children in the Criminal Justice System prohibits the state to punish juveniles as adults.
  10. The Vienna Convention also recommended that article 29(h) of Juvenile Justice Act be amended to fully cover boys under 18 years of age as juveniles as girls are covered.

The way Indian feminists and certain media is making unabated attempt to pass the amendments to Juvenile Justice (Care and Protection of children) ACT to make juveniles same as adult criminals, shows the existing misandry in the society. WCD ministry, that is supposed to act for welfare of children irrespective of their gender is acting against the welfare for boys merely based on emotional and lynch crowd mentality instead of taking informed decision. Thus they have lost their moral ground to be called a ministry for children’s welfare as well.

If today, India demands to bring down this age to 16 years for boys, then considering the fact that girls mature faster compared to boys should be brought under this provision at the age of 14 years. Will the activists shouting for JJ Act Amendments please start demanding that first?

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5 comments

  1. As per Islam, sins start getting counted from fifteen year.A sin need not necessarily be a crime.Add another year to make it sixteen,crimes done are taken into account.But the legal age for a person to become major differs from one country to another.So a full punishment for any crime can be given to one only if one crosses the legal age barrier to become a major which is eighteen years in case of India.Between sixteen and eighteen years of age if one commits an offence, only half of the punishment which is ought to be given to a major needs to be given.Marriageable age which can be decided by the government of the land,may or may not coincide with the legal age to become a major.Peace.

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  2. What happened with Jyoti Singh (Nirbhaya) is unpardonable, but like you have rightly mentioned, one case cannot change the law. Let’s assume that the offender’s juvenile home tenure is increased and he is brought back? Then what? Can’t he be reformed?

    Media has been exploiting the fact that juvenile rapist was the brutal of all six while the real investigation report says otherwise. Let us remember, Juvenile doesn’t only mean a ‘BOY, it also includes GIRL. Under the influence of national outrage, if the Juvenile justice Bill is amended and brought to law, they have to take extra effort to ensure it is ‘GENDER NEUTRAL’ and NOT MISUSED.

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