In this blogpost, Vernita Jain, Student, National Law Institute University, Bhopal, writes about the current Juvenile Justice Act and why does it need to be changed.
The biggest case till now that has resulted in one of the greatest uproar is the Delhi gang rape case of a girl named Jyoti. Jyoti, a girl aged 23, was brutally raped and then killed. The committers of this crime were appropriately punished leaving one. One of the culprits in this case was a 17-year-old boy who walked out of the court just because he was under the age which is considered appropriate to be punished.
The question that arises after this verdict is that whether our Juvenile Justice Act is justified to decide whether or not to punish a culprit based on their age? Is it justified to take the age factor the only parameter to give punishment?
According to me, the intention of the person and his capability to understand the nature and effect of his act should be the actual criteria in order to judge a person, not any age limit that law provides. It would be too unfair to the country if the committers of such heinous crimes are pardoned just because they did not fulfil the age criteria. There is a need to bring up a new juvenile law which considers not just the age, but also the degree of atrocity conferred. The greatest concern that is expressed in this article is that whether the characterization that is done on the basis of age is valid when the offence committed is same?
An Insight into the Juvenile Justice System of India
In India, Juvenile Justice Act, 2000 provides the age limit below which one could not be sent to jail, i.e., 18 years. However, such a provision was entered in order to confirm the rule of United Nation’s Convention on the Rights of the Child. Under the law, juvenile offenders who have committed heinous crimes (rape and murder) can only be sent to a ‘place of safety’ for a maximum period of three years.
A further amendment was brought in the year 2006 which was made in order to determine whether the culprit is to be put under Juvenile justice Act or not, his age at the time of committing an offence is to be looked into.
The amendment also made it clear that if a person is juvenile than under no circumstance, he could be kept in a police lock-up or lodged in jail.
A Juvenile can be defined as a child who has not attained a certain age at which he, as an adult person under the law of the land, can be held liable for his criminal acts.[1] In Indian law S. 82 of IPC prevents a child under the age of 7 years of age from being punished for any offence. Further, any person between 7 and 12 years of age who has not attained sufficient maturity of understanding to judge the nature and consequence of his conduct on that occasion cannot be held liable for an offence.[2]
Juvenile Justice Act in rest of the world
In the United States the age of juvenile varies from state to state. The lowest among them is 14 at which a youth is liable to get adult sentences for serious crimes
In the United Kingdom, the act named Youth justice and Criminal Evidence Act, 1999, lays down that a child between ages 10 and 18 are capable of committing a crime and will be tried in a separate court for youth.
Situation in India
Supreme Court dismissed petitions brought by the public demand by requesting the court that in the cases of Rape and murder, the age should be lowered to 16 years. Even the subsequent petition submitted by Subramanian Swamy who asked the judges to consider the mental and intellectual maturity rather than the age especially when the young are involved in a very heinous crime was dismissed.[3]
Even K.T.S Tulsi believes that due to the age bar many people are taking advantage of such a provision which results in a large number of children committing heinous crimes.[4] The Parliament needs to wake up to this as soon as possible and change the law, reducing the juvenile age. “The longer it takes, we allow more and more young criminals to get away and free to commit crimes again,” says Tulsi.
Rate in India
National Crime Records Bureau (NCRB) has declared that from within a decade, i.e., the period 2002 to 2012, India had witnessed an increase of 143 percent in the cases of rape committed by juveniles. Similarly, the number of the murders committed by juvenile witnessed an increase of 87 percent and the number of the kidnapping of women and girls by minor increased by 500 percent.[5]
“The 17-year-olds are aware that they are juveniles and take advantage of the fact saying you cannot take us in for questioning etc. Though there has not been a rise in juvenile crime rates as such, there has been an increase in the severity of the crimes committed by juveniles”, says Himanshu Roy, Mumbai Joint Police commissioner.[6]
Rehabilitation in India
It is enshrined in the principles of international law that the state of remand homes in India is not very impressive. Rehabilitation is certainly an important aspect, but there is a need to protect the females of this country. Does such rehabilitation guarantee that the person after being released will not go back to committing any crime? It is very necessary that the present Juvenile Justice Act be amended. Violent crimes such as rape and murder should be included in the adult criminal system for the juveniles after a certain age.
It is high time that the justice system of this country realise that there is a need to provide justice to the “victims” and not the “criminals”. Our justice system always pays attention to the condition and age of the accused. What about the one who is actually the sufferer in this crime, the victim? If such concern was placed earlier, than Jyoti would have got justice. Which circumstances can be blamed? Can we say that because there was the presence of poverty, etc. the juvenile committed such a crime?
The answer is NO. When a juvenile is convicted of the crime committed by him, his mental maturity is what that should be considered, on the fact that he was fully conscious and aware during the commission of a crime.
It is very necessary that the justice system takes note of the two major things, i.e., Firstly, the law should be equal for everyone and anyone. Secondly, this amendment is the only a way to protect children who are unfortunately caught in the web of adult crimes and also save the society” from all people with criminal instincts.
Conclusion
In the crimes such as rape, murder, etc. which totally destroys the victim’s as well as victims’ family’s morals. In the case of rape, India being a patriarchal society, the girl has to suffer a lot and pay for the deeds of others. The family of these victims have to pay for the act that is committed by other and not just for one or two years but for entire life.
In cases like these, the offenders should not be left out walk free in the society, especially after what they have put the other person through. Our law should be amended, and we should be inspired by the laws of the countries like U.K and USA, where a juvenile is also tried in a criminal court depending on the gravity of the offence committed by the minor.
Our Juvenile Justice Act needs to be amended in a way that in the case of heinous crimes juveniles must be tried as adults and ought to be given the same punishment. If we want to provide true justice to the victims and its relatives of such incidents, we will start with this little step to pave the way for wonders to happen. Justice delayed is Justice denied. To understand this very simple statement, it took all India, one barbaric rape case to question the Juvenile Justice system. After all, let’s remember, criminals do not fear life, they fear death. And death is an ultimate deterrent.
[1] Section 2 (k) of the Juvenile Justice (Care and Protection of Children) Act, 2000
[2] S. 83 of IPC.
[3] Dismissal of Subramaniam Swamy’s plea, NDTV,http://www.ndtv.com/article/india/amanat-case-board-dismisses-subramanian-swamy-s-plea-on-juvenile-accused-321836
[4] December 16 gang rape: Juvenile gets only 3 yrs. jail. Is the law good enough to handle such cases?,INDIA TODAY http://indiatoday.intoday.in/story/december-16-gangrape-juvenile-sentenced-to-three-years/1/305269.html
[5] Heinous crimes by minors on the rise, shows Ncrb data, http://www.ndtv.com/article/india/heinous-crimes-by-minors-on-the-rise-shows-ncrb-data-415367
[6] 8 Gang rapes in 8 months in Mumbai, TIMES OF INDIA, http://articles.timesofindia.indiatimes.com/2013-12-02/mumbai/44656705_1_rti-application-nirbhaya-case-shakti-mill
