Thursday, January 10, 2013

Juvenile Death Clamour

Two of the suspects caught in the Jyoti Sing Pandey are under eighteen and hence can only be persecuted in by the Juvenile laws, which do not result in sever punishment, but instead leads to the juvenile being put in remand homes.
Since the arrest of these two juvenile suspects there has been growing clamour for the death sentence to be used against the juvenile suspects. Rumours have even floated that the government would take such action. 
I strongly object to any such positive action towards these clamours. 
Given that rape as worse as it is worse than death. The post-rape psychological trauma is beyond death. Perhaps it can be argued that death penalty will act as a deterrent, but in no country has approved death penalty for a juvenile and no country developed or developing or non-developing has rape stopped. Rape is about power. But that's not my point.
Juvenile law applies to those below eighteen who are not only accused in rape cases, but murder, thievery, molestation, fraud, and any thing that is illegal. 
 The argument for juvenile law is that the person is not fully mature enough to make the right decision and is strongly influnced by those around him/her. Hence the juvenile law shows leniency and sends juveniles not to jail, but remand homes (which in reality are terrible in India)
It is absurd to think of involving juvenile with death penalty. What needs to be done is amending the juvenile law, and lowering it to a lower age, perhaps sixteen. India is a developing country and with the media enriched world we live in, children tend to mature much faster.
Still that obviously does not fix the problem when one finds fourteen year old's or eleven year old's.
The answer is never simple.
Clamouring for a Juvenile death penalty is not the answer, in any way.


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