Lowering juvenile age may harm teens
The minor accused in the brutal December 16 gang-rape of the 23year-old woman, who later died, can be given a maximum punishment of three years’ stay in a reformation centre. The public outrage over what they are calling “insufficient” punishment is justified. But it can be very dangerous to change the law out of anger and on the basis of just one case.
The juvenile justice law is for the protection and benefit of our children. If the age to determine a person as a juvenile is brought down to 16 from 18, then it will be used to harass young girls and boys who elope from their homes. The girls’ parents will file complaints charging the boys with kidnapping and rape, and the girls will not be able to testify that they eloped out of choice. In 2000, the age to determine an individual as a juvenile was raised from 16 to 18 under the UN treaty which aims at protecting children.
One thing that can be done in cases of serious crime committed by minors in the age group of 16-18 years is that the time period of their stay in the reformation homes can be increased from three years to seven or eight years.
What needs to be understood is that juveniles commit crimes because of problems in their background. According to a Cambridge University study, children who have been victims of crime tend to become criminals when they grow up.
The minor accused in the Delhi gang-rape was work- ing as child labour for 11 years. Children who get involved in crime are themselves victims of child trafficking, molestation, child labour etc. They are exploited and end up becoming criminals.
What has the government done to protect such children who are victims of crime and as a result become criminals?
In our country, child rights are not implemented. They are of no benefit to underprivileged children whose rights are often violated. Our homes for reformation and rehabilitation of juvenile criminals are in a bad state and highly mismanaged. H.S. Phoolka is a senior advocate in the Supreme Court and Delhi high court, and a human rights
activist. (As told to Ridhima
Malhotra)