Delhi Gang Rape: Is Juvenile Justice Act a law to reform culprits or meek provision to flourish heinous crimes?
The accused have been charged under sections 302 (murder), 376 (gangrape), 377 (unnatural offence), 201 (destruction of evidence), 307 (attempt to murder), 365 (kidnapping or abduction with intent to secretly or wrongfully confine a person), 394 (voluntarily causing hurt in committing robbery), 396 (dacoity with murder) and 34 (common intention).
The Delhi Brave Heart named 'Nirbhaya' by a leading national daily for the courage and confidence she showed for almost 13 days has breathed her last at Mt. Elizabeth Hospital of Singapore where she was airlifted for 'better' treatment. Meanwhile, amidst all this scary & sad developments, police have succeeded in framing charge sheet against only five of the six accused beasts who shamed all of humanity by their brutal act. One, allegedly minor is left out of mention from the charge sheet as Juvenile Justice Act prohibits trial of a minor like every other culprit. It somehow achieves to shield a criminal in the wrappers of innocence. How innocent & blind, right?
Juvenile Justice Act -under which all the perpetrators below the age of 18 are considered 'minors' who can't be 'part of any criminal acts' are tried not in a usual court but are produced before Juvenile
Justice board & can be sent into a children's home for a maximum of 3 years. The police, meanwhile, have decided to go for a bone marrow test of the sixth accused to determine his real age.
Amidst every speculation and debate the serious questions which takes form after every brutal crime that involves a minor remains vital but unanswered. Are minors anymore innocent provided the novel ways of crime they have been committing in recent times? The alleged minor Delhi shame is believed to be the front-runner in executing the brutality of crime, one who instigated the crime to the way it was acted. Even then we resort to call him a minor & reprimand against fair justice to Delhi Brave heart. Are we all blind enough to ignore the atrocity of crime that unfolded over two hours inside a moving hell? Or is our justice/legal system old & futile enough not to understand the understandability of so called minor. All might have not forgotten how Ajmal Kasab who recently was hanged for 26/11 attacks had initially resorted to pass through the sleek carpets of law in the address of 'minor' but a 'year' brought all the difference and got himself stranded into hanging rope. Had he been a minor, special Juvenile law probably would had secured him a maximum of 3 years stay at children's home and free life to celebrate still more Diwali later on!
There are enough humanitarians who would argue quoting myriad texts around the humanity grounds and of all the messy ways of reforming these 'innocent minors.' Then who do should we punish for the brutal gang rape of 23-year-old paramedical student? Parents of minor who allegedly forgot to teach them moral values, the society they live in which allegedly crumbled them in making what they are or our law books which failed to understand their knowledge, sharpness and dirty motives behind the volatile masks of innocence and juvenile delinquency. The law even goes to a height and says the other fellows might have influenced the minor. Influenced to commit a crime. Influenced to commit a brutal gang rape. Influenced to kill and throw a girl out of moving bus. Influenced to execute what you find hard even to talk off? Huh. Wonder how he never got influenced from any member of society except those beasts to respect other sex and live coaxially! Why these ‘minors’ are only get influenced by bad and not good that linger around them? Are they dumb enough not to listen to what they must listen actually or are they programmed enough to execute what society calls heinous? Then shouldn't we curb them before they work out another crime from their vicious satanic mind...
It’s arguable when the ‘monks’ of our society say, “murderers and killers were influenced/brainwashed to commit what they have done. Had they got proper guidance…” Yes! In some cases murder can be provoked on the diverse basis of religion and vengeance but rape, Gang rape? Unarguable! One can invoke or influence a gang rape? Only those monks inside the wrappings of humanity could answer such logically stupid questions.
Juvenile Justice Law in recent times have typically shielded criminals plus categorically helped boost the crime bar of nation in the said age group. And even after its amendments as many are speaking will not help in securing stringent punishment for the accused ‘minor’ involved in Delhi’s horror; All because our laws can’t be retrospective in their approach of effect.
Given all this inscriptions from law books the concerns of millions will hang in open but not the brutal beasts that shamed the nation of myriad minds. When you consider it as ‘rarest of rarest crime’, why not a ‘rarest of rarest punishment’ for the accused in collective sense? Huh I see I have jumped the gun. Our law books can never get better or rarer. They prefer to be tucked in the idealistic old times where crimes as this were unimaginable but perpetrators of today are using these loopholes to secure their safe exit and plan another heinous act to shame us again. Are we ready for another or is it such that only crime could get newer & rarer but not its punishment. What if tomorrow some bombers namely minors cross the borders and celebrate Diwali over here? Are we ready to gift them 3 years safe security in our ‘children’s homes’ meant for juveniles?? Sad truth is law can only take its topsy-turvy course and find every possible loophole in the law-book to make way for bachcha’s exit! The days of seeing victims losing their life but criminals roaming freely in open seem are here to stay and hound us forever…
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