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The participation of a minor in the terrible Delhi
Children constitute the most vulnerable section of the
society and are considered absolutely important assets of our Nation.
But they are “AT RISK”, the practice of Child Protection
under the Juvenile Justice Act, is seeding the criminality into the mind of
Juvenile, as they are conceiving the thought “NOTHING WILL HAPPEN, AFTER CRIME”
or last resort would be rehabilitation to protect them from the criminal
mindset.
The idea Juvenile has a right, and society has a special
responsibility towards juvenile, are the reference of history, today the
questions which are thrown up by the present critique of the Act are numerous
and troubling. A juvenile is not only behaving in conflict with the law, but against
the very nature of civil society, especially in the case of sexual abuse and other
heinous offenses.
We must look at the degree of offense before interpreting
the juvenile, it must be the level of maturity or cautiousness before executing
the offense, and we must bear in mind that individuals commit crime because
they freely choose to do so and have to take responsibility for their action.
Since individuals are responsible for their actions this theory advocates that
punishment is a way of deterring rational individuals from committing crime.
This is the high time we must not be emotional and
advocate individuals commit crimes either because of biology, environmental factors
or sociological factors, or they commit crimes for reasons often beyond their
control and they should be cured of their disposition to commit crimes.
The individual does not commit crime again as suggested by
sociologists, psychologists, doctors, social workers and other experts.
Law with regard to such a complex area as the interface of
children and the criminal law, we must seriously take into account the experiences,
and recent incidents.
If a juvenile does commit such offenses, the juvenile must
automatically be tried in an adult criminal court.
