Juvenile: A Dangerous Criminal Mind by Srasti Tripathi (Intern)

A child is a person  who is  going to  carry on  what  you  have  started.  He  will assume  control of your cities, states, and  nations. He is going to  move in  and  take  over your churches, schools, universities, and  corporation . The  fate of humanity is  in his hands.

                                                                                                                           -Abraham Linclon

INTRODUCTION

India have a very chequered history related to the fixation of juvenile age limit.  as per the children act, 1960 all the states has freedom to make there  own laws in this matter but it only extended to the union territories In 1992 India signed the United Nations Convention on the Rights of the Child, 1989 (‘CRC’). The CRC defined a child as “every human being below the age of eighteen”. Being a signatory, India sought to fulfil its international obligation by enacting the Juvenile Justice (Care and Protection of Children) Act, 2000 . Importantly, this led to the age of juvenile irrespective of gender, being fixed at eighteen years.  the Juvenile Justice Court, 2000  the age of juvenile is 18 years but under the Indian law  section 2(k) of the juvenile justice (care and protection of children) Act, 2015 the juvenile is under 16 years. As per the Indian legislations the age of juvenile varies from 14 to 18 as per the different laws in different circumstances.

As we all know that on 16th December, 2012  most henious crime took place in a Indian history that is Nirbhaya rape case in which one of the co-accused of (17 years 6 months approx) due to this there is a retriggered debate in the age limit of the  juveniles age because maximum punishment that can be sentenced is three years in remand home. This led to immense outcry of people demanding in a change in a juvenile law and hard-and-fast law for juveniles committing offence like rape and murder. 

The 2015 Act legitimises the transfer of juveniles above the age of sixteen to adult courts, if the Juvenile Justice Board (‘Board’) concludes that the level of maturity of the juvenile indicates that he committed the heinous offence as an adult and not as a child. 

TEST OF JUVENILE MATURITY:-

According to the test of juvenile majority the offender is kept separate from other juvenile’s with proper care and caution, afterwards when juvenile turn as a adult it is tried in a children’s court and seen that the offender rehabilitated or not? 

Afterwards the court make the evaluation that the juvenile turned into as “contributing member of society” and after this the court send that child to the imprisonment where the adult pass there prison and rehabilitate themselves. 

AMENDMENTS GOING TO STOP ALL PANDEMIC SITUATIONS:

As we can see that juvenile justice board has made the various amendments in JJ Act, so they can give the justice to the offender as well as society but nowadays, we see that the rate of juvenile offenders are increasing day by day so seeing the present condition the government should make those laws which can give them punishment which other people see and take it as a lesson and never defer try to do it again.

INDIA’s JUSTICE SYSTEM:-  

As we know that Indian constitution is the largest constitution in the world and a hand written constitution and we also know that it is flexible as well as rigid and it changes according to circumstances where it is needed but in the juvenile case it is needed that the law should be made more hard-and-fast so they can get the punishment accordingly.

GROWTH OF CHILD AS A CRIMINAL:-

As everyone know this no human being is born with a criminal mind but with a changing time and scenario the person change into the criminal mind as many a time we heard that person’s near circumstances effects the mental condition and by all these things the person mind get distracted towards bad things and all his led to the crime.

Further we can see that if a juvenile is committing any kind of offence it’s nearby circumstances are somewhere responsible for it, as we can see if child is going to the school but he or she has no interest in the studies than somewhere it is difficult for him/her to establish them in future so in a very early age they choose a way of crime and start committing such a heinous crime because they know that now everything is over.

INCREASING JUENILE CRIMINAL RATE:-

After seeing the present rate of crime the 47% is juvenile crime rate is increasing day by day and know this the situation arise that the juvenile crime cannot be controlled, because there is a lacuna in the legislation and which can only be controlled by making the rigorous law. In many of the cases be can see the main offender is the juvenile and they commit the most heinous offences and this may cause a very grave problem in society.

So the Indian judiciary system should give that type of decision that may create fear in the eyes of the child if they will not follow the law they will be punished so hard and there life become hell because now a days we can see that the crime rate increasing to rapidly.

ROLE OF THE PSYCOLOGY IN THE JUVENILE CASE:-

The terms which are broached in this topic are Psychopath, distraught, criminal and mind. A Psychopathic mind is fabricated from brainsickness and crime.

According to William Blackstone, “it is defined as an act committed or omitted in violation of a public law forbidding or commanding it. Crime is a violation of public rights and duties due to the whole community considered as community.”

The dirt of Pornography is enough to stick a person to walls of prison for violent sexual Offences

Pornography has a lot to do with psychopathy. Generally, people who are more indulged in Pornography have more chances to become a sensualist, a kind of psychopathy. Pornography also leads a person towards sadism.
In the case, Re: In the matter of incidence of gang rape in a boarding school in Bhauwala, District Dehradun v. State of Uttarakhand , a minor girl was raped in a local school premises and the accused were alleged to have watched pornography together and this reason has been cited why they have raped the girl. The Court had directed to ban around 857 porn websites and in this respect the Court had also referred the Rule 3 (2) (b) 22 of The Information Technology (Intermediaries Guidelines) Rules, 2011. In the aforesaid matter, the High Court had also relied upon sections 67, 67A, 67B and 79 of Information Technology Act, 2000.
As we can see the psychological factor also affect the person’s mind and very adversely it affects the human mind and this thing also force today’s juvenile to commit the rape and other offences for this more strict action to be taken because we can see at many places peron’s psychology also plays an important role because in the nirbhaya gang rape as the one of the accused has the psychological factor which is included in everyone in that gang rape case.

CONCLUSION:-

“Eternally hungry, eternally empty, eternally stalking the one thing that makes you human and the one thing they will always lack, they want to consume anima like a double cheeseburger and then discard what’s left of you like an empty fast- food container.”

                                                                                                                     -Thomas Sheridan

As know we all are well versed with the present situation of the present juvenile offence committed that the juvenile should also be treated as adult in the rape cases and if the juvenile can understand what he is doing , so he or she can easily understand that how grave this offence is and now it’s a time to understand that the nation needs a law in which the people should feel that the no one see there suffering but there is our legislation that will give us justice.