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Is it Time to review Juvenile Justice

zorrro IF-Dazzler

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Posted: 02 January 2013 at 10:11pm | IP Logged
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Posted: 03 January 2013 at 8:03am | IP Logged
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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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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.
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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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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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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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