Saturday, December 6, 2014

Dinesh Kamath's Editorial 'Do laws relating to juvenile crimes need to be amended?' that was published in Newsband

Do laws relating to juvenile crimes need to be amended?
Are the laws pertaining to juvenile crimes far too liberal? Do these laws require a relook? Some are against these laws as it allows all children to receive the benefits of the juvenile justice system irrespective of the gravity of the offence. They want these laws amended. Now amending the law is a legislative issue, not warranting judicial intervention.
Judicial delays are common in our system, often the accused is much older by the time he/she is presented before the JJB, leading to a peculiar situation which no doubt needs to be resolved. In India, every case should have some time limit to be completed. If not, the respective advocate or judge dealing that should be culpable for delay and some action should be taken against them.
We need to come up with progressive law to deal with this small fraction of juveniles (in 16-18 yrs) accused of committing heinous crime - lowering that age limit for juvenility may not be a solution but ways of treating juveniles accused of serious crime can be different
The Judicial delays are only the problem in our country whose population is extremely high. The situation is not peculiar because the justice delivery mechanism is based upon the turn-around time which is exceptionally high. If that is resolved, these peculiarities will never arise. A person should not be in the dilemma about what he will be subject to of the crime committed years ago. Rather proper introspection by the judiciary and legislative together will help to resolve this haphazardness.
Children attain mature very fast these days. They know the world better even at tender age. The age given for defining juvenile needs to be reviewed. Counseling can be a measure for rehabilitation and not as a method of punishment.
Internet and social media have increased the maturity level of children. As a result juveniles of today are not as innocent as they used to be. Seeing them being involved in serious crimes in increasing number, the JJB must address the problems reasonably.
Mandatory education to all children in the country and a mandatory teaching of moral values from LKG to 10th standard will eliminate the juvenile crime to a large extent in the country. In the modern context, we can call it "personality development" of a child in which parents at home and teachers are sharing equal responsibility.

Sometimes many wonder whether pondering over laws pertaining to juvenile crimes to such a depth is really necessary? India's Justice system already treats the most vulnerable among us most unfairly. Let us focus our resources and energies where it is needed the most: politicians and others who commit serious crimes against the state and others. J J Act changes can wait. In India even majors can put false birth certificates to escape punishment.

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