Question: When did Rajya Sabha pass Juvenile Justice (care & protection) Bill, 2014?
(a) 21 December, 2015
(b) 22 December, 2015
(c) 23 December, 2015
(d) 24 December, 2015
Ans: (b)
Article:
Three years back, 16 December 2012, a heinous crime was committed. Six men brutally raped an innocent girl in a moving bus and threw her on the road to die. She succumbed to her injuries after going several times in coma. The issue, for some became a political agenda, for some it was an opportunity to pressurize the govt. for reforms regarding women safety but for two, it was the loss of their dear daughter. It was a case that shook the whole nation and memory of it still gives us Goosebumps.
People came out on streets to protest, to demand justice for the victim. Candle March, rallies were organized in almost every part of the country. The six accused, though one of them committed suicide during the trial, rest were convicted for rape and murder by a fast track court. They were awarded death sentence on the ground that the case was ‘rarest of the rare’ but one of the accused was a juvenile at the time when crime was committed. According to the Juvenile Justice Act 2000, a juvenile committing heinous crime will be sentenced to three years of imprisonment so he was sent to rehabilitation home.
Today, three years later. It is the time the juvenile is to be released and again the nation is outraged, demanding that the juvenile should not be released as he is a threat to society. BJP leader Subramaniam Swamy filed a PIL in Delhi High Court to stay the release of the juvenile. Delhi High Court rejected the plea and refused to stay the release. People began accusing the court of doing injustice to the victim but the fact is that court is bounded by the provisions of Law. Court is a guardian, a protector of Law and not a maker of Law. Laws are made by parliament and it took a step.
A Juvenile Justice (care and protection) Bill,2014 was introduced to amend the Juvenile Justice Act, 2000.The Bill was passed by Lok Sabha last year but remained pending in Rajya Sabha. Even if the Bill was passed, would it not have resulted into a retrospective Law? A retrospective Law is against legal equality and an ignominy to the democracy of our country. Democracy is the basic structure of our constitution and it needs to be respected and preserved.
However, Rajya sabha surrendered to the pressure of the masses demanding justice for the victim and passed the Juvenile Justice (care and protection) Bill 2014 on 22 December 2015. The provisions of the Bill (now Juvenile Justice Act, 2015) stated that in certain circumstances a juvenile between 16 to 18 years of age can be tried as an adult, of course after the green signal by juvenile justice board and will be imprisoned for ten years as compared to previous three years. But in adult criminal prisons there are hardened criminals and keeping a juvenile in their company will only lead to recidivism, producing one more hardened criminal.
There is also a provision of foster care in the Act, introduced first time in India. Foster care is giving up of a minor to a ward or private home which must be state certified for day-to-day care. This provision can prove to be an effective measure in the rehabilitation process of a juvenile although it comes with its own set of challenges. Even if the home is state certified its gives no assurance that the child will be treated as it needs to be for an effective reform, or the child will not be exploited. The state will need to have surveillance on the activities of foster home which will definitely need an extra effort. Transparency of the foster home needs to be assured.
Another argument given in support of staying the release of the juvenile is that according to Article 142(1), which states that ‘The Supreme court in the exercise of its jurisdiction may pass such decree or make such a order as is necessary for doing complete justice, in any case or matter pending before it,’ Supreme court could have stayed the release of the convict. But would it not be a bigger injustice the court would have done, we would have done, by punishing a person without giving him a chance to reform, a chance to a person who could be reformed. If he committed a crime, we would commit a bigger crime by not giving him a second chance on the ground that there is no guarantee that he will be reformed.
The Question here arises that why should he be given a second chance? The reason here is scientific. According to neuroscience the brain of a person keeps on developing till the age of 25. This implies therefore, that adolescents involved in crime are unable to envisage the outcome of their deed. The only thing that remains in their purview is the immediate reward. This is because the dopamine production changes during adolescence. Dopamine is a neurotransmitter- a chemical produced by the brain that helps link actions to rewards and punishment.
This is affected when the brain is in severe stress as a result brain loses its ability to control impulsive and risk seeking behavior. It is evident from the fact that a majority of juvenile in conflict with the law are from weaker sections of the society, vulnerable to such severe stress. In such a case an adolescent is much more susceptible to outside influence hence is more capable of change. Therefore, this portends that an effective counseling can definitely have an effective reformative affect.
But before the rehabilitation process start what needs to be studied is the mental status of the juvenile in conflict with law. This is what is neglected in the whole episode of the release of the juvenile in nrbhaya case and the passing of juvenile justice bill. The scientific facts were not considered before passing the bill which makes the law retributive.
Another aspect which was consistently neglected and needs immediate attention is, what led a 17 year old to commit a crime as heinous as gang rape, what were the conditions which erred him, what was his mental status and most importantly what we as a society should have done or rather at least should do now to prevent such cases. A 17 year old who should be in school learning, not only just academics but also values and morals, is compelled to work leaving his family and going all the way to Delhi. Why? To support his poor family. Isn’t that a neglect of responsibility on our part?
Govt.’s schemes like mid day meal and the no detention policy of RTE Act had an appreciable effect on school drop outs but they certainly have loopholes which must be addressed as soon as possible for a better future development of a child. Children are future of a nation. Therefore, not just govt., it’s a responsibility of every citizen to see that a child gets all the basic needs. It needs a collective approach to build up a child’s future.
Now that he, under influence of certain anti social elements, got involved in a crime we put the entire onus on him, of committing a crime, of not getting reformed. We would commit another mistake if we keep on demanding a stricter law without realizing that a stricter law has its own side effects and are often misused. The people of Badaun district (UP), his home district can be a inspiration as they believe that his life can be changed with a little love and care. We just need to show some acceptance and someone’s life can be made better. Not just one life will be changed but a rehabilitative justice is benefit to the whole society as well.
However, the increasing juvenile crimes in the country cannot be ignored. There is increase of 188% in number of rapes by juveniles, robbery increase records 200% and abduction of women by juveniles saw a whopping increase of 660% as shown by NCRB data. The age group of 16 to 18 years is the most sensitive among the minors. 64% of crimes committed by juveniles are in age group 16 to 18 years. Of course, action against this increase needs to be taken. As argued a stricter Law can help to some extent but a law which is in the right direction and which does not have a reversing effect. But is a law enough? Surely not, as it does not fulfill the objective of killing the crime and not the criminal.
Therefore, action should be taken towards a restorative justice rather than a retributive justice that is towards reforming a juvenile. In this scenario, the role of the govt. can bring a tremendous change. The govt. can take steps to provide a more effective ecosystem in Rehabilitation homes to ensure the reform of juvenile convict. The environment must be such, so that there remains no room for any juvenile getting radicalized by some juveniles involved in terrorist activities, as rumored in Nirbhaya case.
Teaching a juvenile how to sew and cook cannot be called as rehabilitation. Thus, govt. must ensure the creation of detailed report of the mental status of the juvenile convict so that he can be treated in accordance with his mental health in the special home. After the release of juvenile govt. can impose certain safeguards to keep a check on his activities till he gets reformed.
Role of NGO’s, foster homes involved in rehabilitative activities also becomes important as they should provide a more effective counseling by rehabilitation physicians for the treatment of juvenile convicts. It just needs the right approach so that he can lead a normal life and can integrate in the society.
Even if it is seen that majorly the poor children, who had to work in an early age to support their family are more vulnerable to crimes, it cannot be generalized. Therefore, it is a duty of a parent to keep a check on the activities, on the company of their child. Giving right values to their children, giving them a healthy environment should be the priority of every parent so that no child becomes a juvenile in the first place. A change always begins at the lowest level. To bring in the change we need to make our children a better person but for this we need to first reform ourselves so that there never comes a need to reform a juvenile.