Recently at a trial stage of murder-cum-gang rape case, which shook the nation at a large extent, when one of the delinquent is found as juvenile, a lot of hue & cry has occurred and voice of change in prevailing law is raised by various groups and individuals.
Who is a juvenile ? Any one who is below the age of 18 years is juvenile.. This is what law says.
Any law which is prevailing and crafted for the benefit and welfare of society. A society believes in smooth progress of man kind and protection of future generation so that the ideal situation shall remain in world for human-beings. Sometimes a lot of contradiction is faced and felt when someone tries to use the welfare measures as tools in the self interest. In this case as well the society is having same feeling that is why a voice is being raised and several people in group or individual basis are trying to file some representation to safe guard the interest of common people however I feel that when we speak about the protection of violation of rights of a minor then age of 18 years is pretty good as it would help in keeping them safe in disturbed areas especially when they could be used as child soldiers, object of human trafficking/sexual exploitation, suicidal bombers and child labor but as soon as if we think about the interests and expectations from minor in ideal conditions then 18 years is too high.
According to me in normal conditions a juvenile is such person who may not explain his illness to doctor. One who may be made understood once to taste bitter guard after explaining him the advantages. One who goes to temple and bows his head when he is said to do so. One who is escorted to-fro school. One who seeks permission to go for nature's call even when he is ready to lose all his control in fraction of seconds. I do not like to go into the issue by mentioning age in years as it depends on the society and its out-view towards the people.
The age of 18 years is relevant when:
1. He is threatened/coerced.
2. He is exploited and feared.
3. He is exposed to countless dangers in his bring-ship.
4. He may be used as a soldier/suicidal bomber in wars against civilized systems.
5. He is under assault.
In such circumstances even a major who is incapable of defending himself may be given full protection.
The age of below 18 years may not be applied when:
1. He disrespects/molests/rapes a woman.
2. He bullies his younger playmates/school mates.
3.He exploits young kids.
4. he touches private parts of opposite sex in the guise of his childhood status.
5. He voluntaries participate in capital-crime having punishment as rare.
6. He voluntaries become the carrier of drug, terrorist and disruptive acts.
How to identify whether he is victim or otherwise:
1. Background check from school, teachers, class mates, playmates, elders of residence.
2. His education record, extra curricular record, sports activities, cultural activities.
3. An common psychology test to know his interest, hobbies, habits, attitude and vision toward the society and self.
4. The detailed interview by a board consisting of child councilor, psychologist, teacher, police officer under a well versed judicial officer.
How to bring back a delinquent to society:
1. Regular counsellings.
2. Participation in cultural/sports activities interested to him.
3. Carrot and stick system.
4. Education and self entrepreneur training schemes/courses.
5. Enrollment with NCC/NSS and other youth building activities.
6. Knowledge of law and punishments.
How to stop some one who fails all schemes and trainings:
1. Isolated life till he regains the consciousness.
2. Strict and disciplined life schedule.
3. Rare entertainment.
4. Difficult living conditions.
Breaks in such schedules must be given so that one may know what is a normal life if lives as per norms and following routines.
We must remember when we speak about the rights of delinquent, before that we must think about the rights of victim. If a victim is not getting justice because of prevailing legislature then we must do some amendment to keep intact the trust of society in prevailing system.
A good code/law is always needed to update for maintaining discipline among us.
A society is known by its team spirit of people in rising together.
This motto must be preserved.
We must remember when we speak about the rights of delinquent, before that we must think about the rights of victim. If a victim is not getting justice because of prevailing legislature then we must do some amendment to keep intact the trust of society in prevailing system.
A good code/law is always needed to update for maintaining discipline among us.
A society is known by its team spirit of people in rising together.
This motto must be preserved.
Thank god .... We have a strong democratic system based on four seen and many unseen positive pillars where one may raise his voice, ask and advice for amendment.
Before concluding this topic I would like to pay my respect to deceased girl - victim of this barbaric crime who is not between us but her sacrifice has able to awaken our souls not for any one else but for us. God be with her..Amen!!
ps. The views expressed in above articles are thinking and views of author. The views of readers may be differed from the views of author and he accepts that as well.
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