It’s toatally unappropiate to consider him juvenile, let’s assume he has a proper birth certificate which says he was 17 years and 364 days old when the committed heinous crime where the crime is so gruesome that none of the newspapers reported what exactly happened to the victim. Had he done the same thing one day later, he would have been given life imprisonment if not capital punishment. How is that okay if a two Days time change the fate of a “juvenile” offender? Does that mean a guy can do anything at his 17 th year and escape with minimum imprisonment? If the crime is heinous or as the judicial system may put “the rarest of rare cases” there should be a
Provision in the law where the judge can take a call to decide whether he should be put to trial in juvenile court or otherwise.
Changing the juvenile age must not be looked at from the prism of crime alone, but from several other perspectives as well. However, each and every one of these concerns can be addressed without lowering the age bar for juveniles.
a. These issues can be handled by considering issues on a case-by-case basis and allowing a degree of flexibility in the way a juvenile can be tried, depending upon the severity of the crime. This would hold apply to repeat offenders as well, with each new crime being punished with an increasing degree of severity.
b. FIRs must be registered on par with the offences for crimes committed by adults. Once the juvenile crosses into adulthood, those records should not be purged but placed in classified storage with restricted access, so that the offender has a chance to redeem himself in society. The files can be fetched in case of repeat offences/offences in adulthood.
c. Juvenile reform homes should be under stricter supervision and should be checked on weekly by cops from the nearest police station, accompanied by a counselor. Fortnightly/monthly visits by human rights commission officers and higher police officials should be the mandate.
Tthe intention behind the crime, the degree of the perpetrated atrocity and the severity of the crime should be the parameters to judge a case when a juvenile is involved.Children between the ages of 14-18 years are used in organised crimes in India. They are pushed into drug trafficking, racketeering and even flesh trade. In the Delhi gang-rape case he was used to lure the victim into the bus. His involvement in the heinous crime is an alarming indicator.
Lowering the age bar would not help in any way, since we would be trying to solve a relatively minor problem by creating a number of larger problems that would affect the whole country in a blanket fashion. Misuse of the new laws might even overshadow misuse of the present juvenile law.