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Is it Time to review Juvenile Justice

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zorrro

Goldie

zorrro

Joined: 29 July 2008

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Posted: 02 January 2013 at 10:11pm | IP Logged

Delhi gangrape accused who was most brutal may go scot-free for being minor. Is it time to review Juvenile Justice Act?

While murder and rape charges have been slapped on five of the six people arrested in connection with the December 16 Delhi gangrape case, the juvenile accused, who was the most brutal of the lot, might just go scot-free under the garb of India's toothless Juvenile Justice Act.

The minor accused, who happened to be the cleaner of the bus used in the crime, would turn 18 in four months. However, he would get away with a maximum of three years of counselling at a reformation house even as the boy confessed to both sexual and physical assault on the 23-year-old victim and was consequently also identified in a test identification parade (TIP).

The law states that any offence committed by a person below 18 years of age is an act of innocence and the juvenile cannot be tried under provisions of the Indian Penal Code (IPC). He would be exempted from prosecution and punishment in accordance with the United Nations convention on rights of a child.

Such cases are dealt by the Juvenile Justice Board and the accused are provided free legal aid.

A bone test on the alleged rapist has proved that he was below 18 years of age at the time of crime and he would attain adulthood in the course of trial.

Eight years ago the Juvenile Justice Act was amended and the age of a juvenile under the law was enhanced from 16 to 18 years.

The boy's involvement in such a heinous and brutal case raises questions whether the juvenile's brutal act should be considered an act of innocence as per law or whether law should be reviewed to reduce the juvenile age from 18 to 16.

In the United Kingdom, minors can be tried as adult in an adult court in exceptional cases. A murder in Liverpool in 1993 set a precedent. In France, juveniles can be sentenced if circumstances and delinquency justify it. In the United States, criminal majority age varies between 16 and 18 years.

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zorrro

Goldie

zorrro

Joined: 29 July 2008

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Posted: 02 January 2013 at 10:14pm | IP Logged
Victim's father says juvenile should be hanged as govt plans to amend criminal laws:
NEW DELHI: The family of the 23-year-old girl who died after being brutally raped in Delhi last month has no objection to her name being made public if the government decides to name a more stringent law after her, the victim's father has said. "I have no objection if the new anti-rape law is named after her. That would be an honour...for that purpose the name can be made public. Otherwise, there is no point," the victim's father told ET on Wednesday.

Besides giving his conditional assent, the father said that the lone juvenile among the six accused should not be let off lightly because of his age. "The juvenile should be punished first...he was the one who lured my daughter into the bus and tortured her most mercilessly. He should be hanged like the other five accused," he said, speaking to ET from his native town Ballia in Uttar Pradesh.

This accused has furnished his school mark sheet as proof to establish that he is 17 years old, but the government has subjected him to a bone density test to verify his claim. Experts say that if he is proved to be a juvenile, he will get a maximum sentence of two-three years in a correctional home from a Juvenile Justice Board and he will also be entitled to bail.

"Imagine his brutality when he is 17...what a demon he would become once he is older? The government should reduce the juvenile age to 12 or 15 years," the father said, adding, "All the six accused should never be allowed to step out of the jail...they must be hanged. They are a threat to every woman on the street."

The police is likely to submit a charge sheet in court on Thursday.

The father's comments came a day after MoS Shashi Tharoor stirred a controversy by tweeting that the name and identity of the gang-rape victim should be revealed so that she can be publicly honoured by having the revised law named after her. Tharoor's proposal appears to have put the government in a quandary. A senior home ministry official, who did not wish to be named, said though the matter was yet to be examined, it was better if the victim's identity was not revealed. "We think the family should be allowed to live in peace and anonymity," the official said.
Another official pointed out that there was no precedent in India of naming a law after a person. "There is no provision in either the Indian Penal Code or the Criminal Procedure Code to name a law after a person. The girl has been a catalyst for the need to effect changes in the anti-rape law, but naming the law on her is not an option," the official said.

Ex-UP chief minister Mayawati and former IPS officer Kiran Bedi have, however, supported Tharoor's proposal.

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peridot.

peridot.

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peridot.

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Posted: 03 January 2013 at 8:03am | IP Logged
http://www.ibtimes.com/delhi-gang-rape-minor-was-allegedly-most-brutal-among-accused-will-india-amend-juvenile-justice-act

According to the police, the minor raped the victim twice, poked iron rod and extracted her intestine with bare hands before suggesting others about throwing her off the moving bus, the Hindustan Times has reported.

The prime accused, Ram Singh, and the minor had been barbaric with the victim and had inflicted internal injuries on her, the Delhi police sources told media.

"Of all the persons in the bus, two had engaged in the most barbarism Ram Singh, the main accused in the case, and the juvenile," said an officer.

"Both of them had subjected her to sexual abuse twice. Singh was the first to rape her followed by the juvenile and then Akshay. Later, when she lost consciousness, Singh and the juvenile raped her a second time," the Hindustan Times reported.

The minor has given his school leaving certificate as a proof for his minor status. However, the authorities were conducting medical tests on him to determine his age. If he is proved a minor, he will face a separate trial in a juvenile justice board, according to the existing laws. The maximum punishment he gets then would be up to three years imprisonment with an option to seek bail.

 

 
This must be treated as rarest of rare cases on account of the violent nature and the boy must be  hanged Angry

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return_to_hades

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return_to_hades

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Posted: 03 January 2013 at 10:50am | IP Logged

Studies have shown that teenagers as young as 14-15 have the ability to understand right/wrong just like adults. Many countries have tried minors as adults because of the gravity of the crime plus backing of psychiatrist tests that show they were well aware of their crime. I don't see any reason why the Delhi rapist should not be tried as an adult. I also don't see any reason why he should retain privileges like anonymity.  Gang rape of such brutality is the worst possible crime. This is definitely not a one of juvenile delinquent behavior like picking a fight or pressuring a girlfriend for sex. The juvenile protection laws were meant to protect kids who kill people in self defense or are genuinely misguided. This is not one of those situations.

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Xarina

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Posted: 03 January 2013 at 11:22am | IP Logged
Originally posted by zorrro

Delhi gangrape accused who was most brutal may go scot-free for being minor. Is it time to review Juvenile Justice Act?

While murder and rape charges have been slapped on five of the six people arrested in connection with the December 16 Delhi gangrape case, the juvenile accused, who was the most brutal of the lot, might just go scot-free under the garb of India's toothless Juvenile Justice Act.

The minor accused, who happened to be the cleaner of the bus used in the crime, would turn 18 in four months. However, he would get away with a maximum of three years of counselling at a reformation house even as the boy confessed to both sexual and physical assault on the 23-year-old victim and was consequently also identified in a test identification parade (TIP).

The law states that any offence committed by a person below 18 years of age is an act of innocence and the juvenile cannot be tried under provisions of the Indian Penal Code (IPC). He would be exempted from prosecution and punishment in accordance with the United Nations convention on rights of a child.

Such cases are dealt by the Juvenile Justice Board and the accused are provided free legal aid.

A bone test on the alleged rapist has proved that he was below 18 years of age at the time of crime and he would attain adulthood in the course of trial.

Eight years ago the Juvenile Justice Act was amended and the age of a juvenile under the law was enhanced from 16 to 18 years.

The boy's involvement in such a heinous and brutal case raises questions whether the juvenile's brutal act should be considered an act of innocence as per law or whether law should be reviewed to reduce the juvenile age from 18 to 16.

In the United Kingdom, minors can be tried as adult in an adult court in exceptional cases. A murder in Liverpool in 1993 set a precedent. In France, juveniles can be sentenced if circumstances and delinquency justify it. In the United States, criminal majority age varies between 16 and 18 years.
That must have been the Jamie Bulger case.  Both accused were aged 10.  The police and law courts have an age of criminal culpability-at an age where the accused can tell right from wrong.  Ironically in the UK it is ten.  An exception was made in this case due to the brutal nature of the crime carried out. 16 is the age when a juvenile sib considered an adult.  As in that case the judges need to take into account the heinous nature of the crime carried out by this low life.  If he is let free he will be a bigger menace to society.  Courts must act now.

_Angie_

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_Angie_

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Posted: 03 January 2013 at 11:07pm | IP Logged
It most certainly is time to review a lot of things!!!

Under the present law, the juvenile could be free in a few months, even if he gets the maximum three-year sentence. If he is held guilty after turning 18, he can't be kept in a correction home. But a juvenile who has turned 18 can't be transferred to jail since the law does not allow those tried under the Juvenile Justice Act to be kept in a jail meant for adults.

The offender  is just short of few months from 18 that too on the basis of his school leaving certficate which is not a very reliable source as far as India is concerned. The results of x ray reports to determine his age on the basis of bone ossification is awaited. But the real issue is even if he does happen to be a few months below 18 should the process of law be so drasticaly different?

 
The heinous nature of the crime should be the criteria for decision! What good is expected to be served by sending him to a reformatory home? What has been the track records of juveniles being reformed in the past? Does anyone take responsibility or accountability when they repeat offences on their release? I think these should be considered by the court before making a decision whether to try him  under the Juvenile Act.  

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LeadNitrate

Viewbie

LeadNitrate

Joined: 28 March 2007

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Posted: 03 January 2013 at 11:44pm | IP Logged
Originally posted by return_to_hades

Studies have shown that teenagers as young as 14-15 have the ability to understand right/wrong just like adults. Many countries have tried minors as adults because of the gravity of the crime plus backing of psychiatrist tests that show they were well aware of their crime. I don't see any reason why the Delhi rapist should not be tried as an adult. I also don't see any reason why he should retain privileges like anonymity.  Gang rape of such brutality is the worst possible crime. This is definitely not a one of juvenile delinquent behavior like picking a fight or pressuring a girlfriend for sex. The juvenile protection laws were meant to protect kids who kill people in self defense or are genuinely misguided. This is not one of those situations.



 agree  with RTH. If you are old enough to have fun, gang up torture rape and kill then you are old enough to be punished.  I strongly feel age limit for treating a person juvenile should be reduced to 13.  Teenagers have quite a good idea of what is right and what is wrong and  neither do parents have much control on what they are saying or doing.

Sadly it seems unless another strong wave  of protests come up demanding his punishement, this asshole can go scot free. Delhi police has filed chargesheet against 5 people and not against this jackass. Its already creating talks. A section of lawyers demand waiving the juvenile clause and treat him equally responsible.

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atominis

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Posted: 08 January 2013 at 5:12pm | IP Logged
Indian judiciary must allow for exceptions to be made in certain cases such as these. Most reports have mentioned that the juvenile had brutalised the woman most. So why should such a boy be spared? Merely being sent to reformatory is not enough for such a person. It will also send a message to juveniles out there to be more careful and responsible of their actions and not assume they'd get away with anything only because they are younger. It will make juveniles think twice before blindly trying to follow adults' crass actions.

Of course investigations to prove the crime and ascertain the age must be strict and detailed. But provision for strongest possible punishment must be made for rarest of rare cases like this one.

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