Civil Procedure Code (CPC)

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Juvenile justice act 2015: really justice ?

juvenile justice act 2015 (the act) is now passed in parliament by bjp with full support of tmc and congress. The act says that adolescent kids aged 16 would be tried like an adult aged 18 years.  Here arise some questions of justice. How could someone treat somebody who is 16 year old as 18 year old ? it sounds like treating a  cub like a full grown tiger. Is not it a fundamental error of perception ?

 

Secondly , a 16 year old is very different from an 18 year old. It is by nature’s dictate that a 16 year old (kid) is not thinking like an 18 year old (adult). Kid’s thinking is immature, perception of the world is imaginary and not in conjunction with the world.  A kid prefers to stay in his dreamland. In that dreamland things are very different. While an adult live in the real world. His thinking is realistic, mature.  A kid, due to his natural immaturity may commit a heinous crime not knowing its consequence properly.  An adult commits the same heinous crime knowing its consequence properly. How could then a kid be treated as adult? Is not it against nature? Is not against science? Is not against humanity? What kind of justice this law will do with some unnatural, abnormal and fundamental biased assumption?  

 

There is a doctrine called doctrine of consistency/parity in justice. This is a very essential feature of justice.  This says that same cases will have same treatment and different cases will have different treatment.  Is not it a violation of consistency or parity rule when we treat two different entity (kid and adult) in the same way (adult) ?

 

Thirdly, won’t there be manipulation by others? We see when we amend our women related laws in a very biased way towards men in 2013; many women began settling scores with men by bringing fake charges against men. Won’t history repeat itself in this case too? If somebody framed any kid for settling score against his father, won’t the kid have a bad record at the beginning of his life?  Once your name is registered in police record, it will be there for the rest of your life. So it will be a permanent punishment imposed by Indian judiciary upon its entire citizen.  Would that be a very humane situation for a kid?  Are we giving our young generation a good life or a nightmare? 

 

Fourthly, the kid will be sentenced from 7 years to 10 years imprisonment. In jail I think a kid will not be treated like a kid, he will be treated like an adult. A kid, with his immature brain will be an easy victim of the cunning and dangerous criminals out there. They will train the kid, wash his brain, and by HIS INNOCENT NATURE, a kid will accept those training at heart and become a full fledged criminal very soon. So , see, how easy it will be to increase the number of criminal in our country with a fundamentally unjust and biased law ?  

 

Some feminist hongpong will burke now: what would you do if your daughter was raped and murdered by that kid? Well, I would like to say: what would you do, if your own kid is accused of rape and murder?   Or should I say : what would you do, if your own kid is framed in a fake rape and murder case for settlement of score by women or their family?

 

The mother of jyoti Singh (Nirvoya) , that tribal looking old hag was saying absolutely rubbish. She wants that boy to remain in jail for rest of his life. It would be a gross violation of proportionality. It is paying twice for the offence committed once.  I thank god and Supreme Court who turned down the request.  Such kind of unjust request can only be made in India.

 

So I think the law which violates natural law by adopting a biased and flawed perception towards kids, is itself an unjust law. It violates the principle of parity/consistency by treating two different things (kids and adults) in similar way (adult).  This is a gross violation of justice. This will not correct juvenile lawbreakers but will create new criminals who will trouble us very much.



 4 Replies

S reddy   23 December 2015

Nice introspection. Law makers I.e political imbeciles doesn't not have sense like you folks. I really appreciate your reasons and forwardness regarding the issue.

Dr J C Vashista (Lawyer)     25 December 2015

I appreciate and agree the analysis made by Mr. Arix qua reducing the age of a juvenile by passing the amendment act 2015.

Some odd cases like that of Nirbhya cannot (now should not) be legal bar on the adolsents who may make such blunder/offense.

The parliamentarian should not have been got swayed  away by mob sentiments before making such a draconian law taking away liberty of kids.  


(Guest)

parliamentarians will get sweyed away so long there is democrasy in india because of voting system. only if media stops shouting about these issues , something can be done.

T. Kalaiselvan, Advocate (Advocate)     03 January 2016

A good analysis and introspection by expert Mr. Arix


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query