Emerging reports in various sections of the media about the prospect of the 17 year old rapist and most violent participant in the heinous crimes perpetrated against the 23 year old brave heart Nirbhaya getting away relatively scot free and walking out of a juvenile remand home within a few months do certainly leave one felling deeply disturbed and shaking one's head in consternation at the efficacy of the existing Juvenile Justice Act...........
The existing juvenile justice act has been executed or then implemented in conjunction with existing international protocols in this regard, but, while the protocols in existence within various European countries and disparate American states do accord the trial judge to suitably amend the laws and try the perpetrator/s according to laws pertaining to adults depending on the severity and heinousness of the crime, the same discretion is not allowed accorded to the relevant judge in the Indian context........
This anomaly or discrepancy in the existing laws go against the very founding principles of all laws and tenets of jurisprudence as the foundation on which any system of law is built advocates the handing out of exemplary punishment that would serve as an effective deterrent depending upon the severity or seriousness of the crime committed by the assailant/s.........
And pray will some legal luminary explain to me the logic behind not according the judge adjudicating the case the opportunity and discretion to suitably tamper with the laws in accordance with the heinousness of the crime committed by the accused and only giving him the leverage of sentencing the accused for a maximum period of three years in accordance with the already existing laws in this regard.........
While the argument put out by human rights activist about not making an exception in this case and being swayed by popular sentiment is both welcome as well as with it's own merits, will the very same people give a written guarantee about the fact that this 17 year old serial offender will certainly reform himself and become an asset to the society after three years of therapy and counselling as envisaged by the existing laws or then face the music by being forced to eat their words and stand trial as an accused if the offender in question continues with his crime spree after undergoing the mandatory three year period of rehabilitation and restoration..........
Why do we always take immense pride in going four steps backwards when the rest of the world is moving ahead at the speed of lightning?? why can't our archaic laws attune themselves with the needs of the situation, gravity of the crime committed and above all ethos of a rapidly changing society and nation, this case that has come up before the Delhi courts did certainly accord the law makers and other powers that be a golden opportunity to set right the anomalies and shortcomings in the existing laws.......
Woe befalls a country that does not amend it's laws and address the needs of the situation and it's people depending on the mitigating circumstances that crop up before it according to the rapidly evolving and changing social paradigms, our country, polity, judiciary, government and society finds itself at these crossroads today and yet another failure to set right the existing short comings in the existing systems will certainly irrepairably erode future generations belief in the infinite wisdom and sensibility of their elders and ability to rise to an unseemly situation whenever it cropped up..........
The existing juvenile justice act has been executed or then implemented in conjunction with existing international protocols in this regard, but, while the protocols in existence within various European countries and disparate American states do accord the trial judge to suitably amend the laws and try the perpetrator/s according to laws pertaining to adults depending on the severity and heinousness of the crime, the same discretion is not allowed accorded to the relevant judge in the Indian context........
This anomaly or discrepancy in the existing laws go against the very founding principles of all laws and tenets of jurisprudence as the foundation on which any system of law is built advocates the handing out of exemplary punishment that would serve as an effective deterrent depending upon the severity or seriousness of the crime committed by the assailant/s.........
And pray will some legal luminary explain to me the logic behind not according the judge adjudicating the case the opportunity and discretion to suitably tamper with the laws in accordance with the heinousness of the crime committed by the accused and only giving him the leverage of sentencing the accused for a maximum period of three years in accordance with the already existing laws in this regard.........
While the argument put out by human rights activist about not making an exception in this case and being swayed by popular sentiment is both welcome as well as with it's own merits, will the very same people give a written guarantee about the fact that this 17 year old serial offender will certainly reform himself and become an asset to the society after three years of therapy and counselling as envisaged by the existing laws or then face the music by being forced to eat their words and stand trial as an accused if the offender in question continues with his crime spree after undergoing the mandatory three year period of rehabilitation and restoration..........
Why do we always take immense pride in going four steps backwards when the rest of the world is moving ahead at the speed of lightning?? why can't our archaic laws attune themselves with the needs of the situation, gravity of the crime committed and above all ethos of a rapidly changing society and nation, this case that has come up before the Delhi courts did certainly accord the law makers and other powers that be a golden opportunity to set right the anomalies and shortcomings in the existing laws.......
Woe befalls a country that does not amend it's laws and address the needs of the situation and it's people depending on the mitigating circumstances that crop up before it according to the rapidly evolving and changing social paradigms, our country, polity, judiciary, government and society finds itself at these crossroads today and yet another failure to set right the existing short comings in the existing systems will certainly irrepairably erode future generations belief in the infinite wisdom and sensibility of their elders and ability to rise to an unseemly situation whenever it cropped up..........
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