Saturday, August 31, 2013

Juvenile Justice Act, is seeding the criminality into the mind of Juvenile

The participation of a minor in the terrible Delhi gang rape has sparked a question of the Juvenile Justice Act, including whether exceptions should be made depending on the crime or if the age of a juvenile itself should be lowered.

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.


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