Thursday, February 4, 2016

Dinesh Kamath's Editorial 'Focus on doing justice to young generation' that was published in Navi Mumbai

Focus on doing justice to young generation
The country’s collective conscience demand that a tough law be enacted to ensure that juvenile convicts committing heinous crimes do not get away with light sentences. What needs to be addressed is the fundamental problems that create juvenile offenders in society in the first place, by ensuring universal access to education and social care for all children. One should give a thought to progressive aspects such as streamlining adoption procedures and extending the law’s protection to orphans and abandoned children.
Currently there is a debate going on in our country relating to the question whether a juvenile offender should be sent for rehabilitation or tried as an adult. It would be wise to let the law stand in conformity with the UN Convention on the Rights of the Child, which advocates equal treatment of all children under the age of 18. The UN convention on the Rights of the Child (CRC) that talks of a minimum age of criminal responsibility (MACR ) also states that children at or above the MACR at the time of the commission of an offence can be formally charged and subject to penal law procedures.
Mental development vary significantly with individual traits & surroundings. So instead of making watertight compartments of age for decision of juvenile, it is better to take case basis approach. Further before taking precedence from some other country, we should factor in the India specific factor like population, law and order etc. According to which our justice system is still much considerate than comparable countries.
Should the concept of equal treatment of all children under the age of 18 also apply to a child committing the most heinous and unthinkable crime? How can he be considered a normal child? The ends of justice would demand that such convicts are kept away from society for sufficiently long period in proportion to the gravity of the crime and at the same time afforded restorative opportunity to become reformed citizens when they re-enter the society.

India is embarking on their highest young generations. Out of which, how many are literate in terms of social behaviours? Some who passed by copying like in Bihar will do what? It's not their fault. Fault is in the system. Wrong methods are adopted. Our youngsters need job - a semi-skilled or skilled job. Our media with team of few anti Modi writers and who are suffering with anti Modi disease can't write anything about our vulnerable youngsters who need immediate attention before they become epidemics. They have time to lecture on Modi and BJP to appease Congress but not for our illiterate youngsters? Intolerance is growing because of uncontrolled and idle young generations. They will become more and more dangerous if not taken care. Change education system and put them on job first.

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