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Her statement indicates the leverage these minors have over the law and how it is being misused with no appropriate action governing their curious ways of committing offences. The difference between juvenile and minor is that juvenile is used in reference to a young criminal who commits an offence and minor is related to the legal capacity of a person. Offences against minors are taken as grave and serious and the predators also known as paedophiles are thought of as adult perpetrators of child molestation and violent rape crimes.
Society automatically perceives sexual offences as crimes being committed by adult men against women, and especially against children. This is not always the case. In recent years, the committing of these offences have been growing amongst the minors who do not fit the image of the predator.
Since the late s, there has been growing concern about crimes being committed by young people. India has shown high rates of incidence of rape believing that patriarchy and a skewed sex ratio are making the matters worse. The Juvenile Justice Care and Protection of Children Act, defines a child in conflict with the law as a person who is under the age of 18 and is found to have committed an offence. Sex crimes consist of the crucial element of lack of consent.
A sexual act becomes an offence when it is not consented to due to coercion or the person is incapable in the eyes of law to consent due to age of maturity or insanity or diminished mental capacity to give permission.
The age of reaching a stage of full consent is 18 years old in India. At this age, an individual is considered legally old enough to consent and participate in sexual activity. There is a repeated string of sexual abuse and rape of children being reported, people are taking to streets, there is an outcry for justice, candles are lit, help is demanded from the legal system, and the skies come to a stall as a child goes through the heinousness of the abuse suffered.
The trauma traps the mind as they find themselves helpless and voiceless. They did not ask for it, neither they expected it. They were forced to understand the issue, something that made them feel dirty and inhuman as if they had no choice or opinion of their own, clueless of what was happening. All they knew is, it was not right. The family stays shocked, dejected and horrified for they could not protect their child from the unfortunate incident and blame themselves for being irresponsible and careless.
There is no way to escape or cope with the crime. The society plays the blame game and asks for answers while the justice system pulls its strings and applies its rationality. Not just that, with the growing issue of rape and sexual abuse, children are learning and adapting behaviour that they might have seen somewhere as a tool of power and superiority. They think it is ok to humiliate someone in such a way because someone they know got away with it.
We need to prove that these children can be punished for the wrong behaviour and they should be taught to follow the right path. With the age of information and technology taking its roots in our everyday lives, sensitive and age-inappropriate information is just a button away, easily accessible by any child, teen or an adult. Wrong information in the wrong hands can cause major destruction not only in the life of the person responsible but also the victim and the society at large.
The impact of the crime leaves the victim stranded and hopeless, with no support from society or friends or at times, family. The victim needs justice but along with that care, acceptance and rehabilitation and counselling are as much required. We need to come together as a society to bring unity to fight this act of exploitation and prevent it from further spreading on amongst the juveniles.
The accused who was 13 years old raped a 12 year old girl while she was carrying food for her father who used to work in an agricultural field. Due to fear, the girl did not inform anybody about the incident. The case came into light when the girl was found to be pregnant with severe pain in her lower abdomen. Later, he was taken into custody and sent to a Patna based remand home.
The impact on the girl was severe as the family refused to accept her and drove her away. She was shifted to a shelter home where she delivered the baby. In , a 14 year old boy was detained under CrPC and Protection of Children from Sexual Offences POCSO Act for allegedly raping his 5-year old girl cousin in Bharatpur by luring her to a secluded place by promising to give her 10 rupees for toffees. A 15 year old boy on 12 February, raped a 6 year old girl who was his neighbour in Shamli district by luring her.
Juvenile Court at Kairana held the accused to be guilty and sent him to a correction home for 3 years with no imposition of fine as he was below 16 years old, under Section of the Indian Penal Code along with Section 7 of the Protection of Children from Sexual Offences Act. The victim Jyoti, 23 years old and her friend were returning after watching a film in a movie theatre in South Delhi. They were waiting for the bus and when the bus arrived they hopped on realizing that there were 5 adults and 1 minor already present on the bus.
The six people ruthlessly and repeatedly gang-raped her and tortured her after beating up her friend. The manner in which she was tortured and raped was heinous and against the concept of humanity. The Supreme Court upheld the capital punishment for the four convicts — Akshay Thakur, Vinay Sharma, Pawan Gupta, and Mukesh labelling the act as barbaric and devilish.
The fifth accused member of the gangrape accused, Ram Singh was found hanging in his cell in Tihar jail in while the sixth minor member was just sent to the reformation facility for 3 years. The question that arose was whether a juvenile was also liable for Capital Punishment or not especially in such cases of grave nature like rape. Mohammad Afroz, the juvenile convict, left home at the age of 11 years and started working with Ram Singh as a cleaner of his bus.
Despite, accusations of being the most brutal out of the six and attacking the victim severely with an iron rod, he was relieved of capital punishment and the allegations were brushed away by the Juvenile Justice board. There had been many questions pointing to the excessive blanket of protection provided to a child who committed a heinous crime like rape and murder.
Even a massive public outcry could not prevent the release of the juvenile who according to reports did not improve, from the correction home after he completed three years. The offence of rape has long been considered a crime under the Indian Penal Code, In , the Criminal Law Amendment Ordinance, was introduced.
It increasing the maximum punishment to the death penalty. It was considered unwelcome at large due to discrimination between male and female minor victims as it was rushed without proper application of mind and was challenged. Today, children recognise their sexuality way earlier than an appropriate age because of the unlimited access to information, getting phones at a young age and exposure to the internet.
The society as a whole fears this conversation and shies away from it due to the stigmas revolving around the concept. There is a need to talk to children and make them understand the use of these tools and the information they receive. There is little conversation about sexuality within homes and schools. Nobody is ready to own up and talk about the issues and problems being faced by the child, while a lot of information is accessible through television, media, websites and articles.
As per section 15 of the Act, a juvenile offender, between the age of , who has committed a heinous offence maybe tried as an adult by putting him to trial under the criminal justice system. However, a juvenile offender can only be tried as an adult under the Act, after the Board with the assistance of psychologists or psycho-social workers or other experts has assessed the juvenile offender on the following:.
The Board must complete its assessment within a period of 3 months from the date of the child being produced before the Board. A separate youth court tries juveniles. Juveniles may be tried as adults in a limited number of serious offences like sexual assault, child sex offences committed, prohibited firearms offences [Powers of Criminal Courts Sentencing Act ].
If a juvenile is jointly charged with an adult, then they will be tried in an adult court, except if it is necessary in the interests of justice that they both be tried in Crown Court [ Magistrates Court Act, ]. Children between the age of 14 are tried in the youth court.
It is considered that the children in this age bracket understand the actions committed and the consequences of the actions committed. The imprisonment for the juveniles cannot be for a period more than 10 years and less than 6 months. In the US, anyone 13 years old and above can be tried as an adult if he or she has a record of previously breaking the law or commits a serious crime.
Children between the change of are tried as adults for certain offenses, including murder, aggravated criminal sexual assault, and armed robbery with a firearm. In Netherlands, young offenders aged 16 to 22 can be tried either as a juvenile or as an adult, under adolescent criminal law.
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