Few months back there was a lot of debate in media, newspaper and social media upon the release of the juvenile criminal in the Nirbhaya case. The media had branded this juvenile to have committed the most barbaric of the acts during the crime.
However the criminal managed to escape the full scale of punishment just because he was 6 months shy from turning 18. He was spared the fate of being tried as an adult and was awarded just a 3 year term for a crime which led to the death of a young girl; after a lot of suffering. In December 2015 the so called juvenile got released from the correction facility and was handed over a handsome rehabilitation package to start a new life. In an Utopian world it would be nice to assume that the criminal bend of mind of this juvenile had got corrected during the time he spent at the correctional facility. And he is ready to be integrated into the mainstream. But if that is true practically is subject debate and discussion.
The most important role which the correctional homes are expected to play is to undertake a psychological counselling of the offenders. Most of the juvenile offenders are found to be accused of ‘theft’, a path which may have been undertaken because of the social and economic condition. Correctional homes are expected to play the role of transformation agents to educate and empower the young boys and girls. In the correctional homes these juveniles are expected to gain a different insight into life through counselling sessions and be empowered to earn on their own by learning a number of vocational skills. Undoubtedly a lot of the young people attain course correction and get integrated into the mainstream society.
But I have my doubts with cases the juveniles are grown up boys, mostly 16+, who have been accused of grievous crimes like rape and contract killings. These are crimes which should not be equated to ‘theft’ since the provocation for these activities has nothing do with poverty or any other social factor. A contract killer, who is accepting money for killing people, has got no emotions attached. He is performing the activity in a sane and stable state of mind complete aware of the consequences; and the factor that being a juvenile would help him escape severe punishment must be a serious consideration while taking up the activity. Similar goes for rape. If at 17 and a half the sexual craving of a man could be so intense that he forces himself upon another woman, and ultimately murders her; why it is so that the person cannot be punished to the fullest extent for that crime.
The additional problem with these grown up boys is that by the time they land up in the juvenile correctional homes they have lived and experienced the world in a way of their own. They have their understanding and notions developed of the society. Good words or advice would fall in deaf ears for these grownups because they would have already tasted money heavily following the incorrect path. Things become complicated when they find accomplices in these correctional homes who share their same line of thought. The correctional homes become then the seeding ground for more hardened criminals ready to hit back more hard. For the Nirbhaya juvenile it was widely reported that he had got radicalized while serving his term. If that is true to any extent then we have let loose another terrorist into the streets.
The recent case of the killer of Barun Naskar again held for a double murder points a finger into the eye. The contract killer was 16 years old when he was held for killing Barun Naskar; he continues with his profession of contract killing even after returning from correctional facility.
Need of the hour is very simple:
However the criminal managed to escape the full scale of punishment just because he was 6 months shy from turning 18. He was spared the fate of being tried as an adult and was awarded just a 3 year term for a crime which led to the death of a young girl; after a lot of suffering. In December 2015 the so called juvenile got released from the correction facility and was handed over a handsome rehabilitation package to start a new life. In an Utopian world it would be nice to assume that the criminal bend of mind of this juvenile had got corrected during the time he spent at the correctional facility. And he is ready to be integrated into the mainstream. But if that is true practically is subject debate and discussion.
The most important role which the correctional homes are expected to play is to undertake a psychological counselling of the offenders. Most of the juvenile offenders are found to be accused of ‘theft’, a path which may have been undertaken because of the social and economic condition. Correctional homes are expected to play the role of transformation agents to educate and empower the young boys and girls. In the correctional homes these juveniles are expected to gain a different insight into life through counselling sessions and be empowered to earn on their own by learning a number of vocational skills. Undoubtedly a lot of the young people attain course correction and get integrated into the mainstream society.
But I have my doubts with cases the juveniles are grown up boys, mostly 16+, who have been accused of grievous crimes like rape and contract killings. These are crimes which should not be equated to ‘theft’ since the provocation for these activities has nothing do with poverty or any other social factor. A contract killer, who is accepting money for killing people, has got no emotions attached. He is performing the activity in a sane and stable state of mind complete aware of the consequences; and the factor that being a juvenile would help him escape severe punishment must be a serious consideration while taking up the activity. Similar goes for rape. If at 17 and a half the sexual craving of a man could be so intense that he forces himself upon another woman, and ultimately murders her; why it is so that the person cannot be punished to the fullest extent for that crime.
The additional problem with these grown up boys is that by the time they land up in the juvenile correctional homes they have lived and experienced the world in a way of their own. They have their understanding and notions developed of the society. Good words or advice would fall in deaf ears for these grownups because they would have already tasted money heavily following the incorrect path. Things become complicated when they find accomplices in these correctional homes who share their same line of thought. The correctional homes become then the seeding ground for more hardened criminals ready to hit back more hard. For the Nirbhaya juvenile it was widely reported that he had got radicalized while serving his term. If that is true to any extent then we have let loose another terrorist into the streets.
The recent case of the killer of Barun Naskar again held for a double murder points a finger into the eye. The contract killer was 16 years old when he was held for killing Barun Naskar; he continues with his profession of contract killing even after returning from correctional facility.
Need of the hour is very simple:
- Lower the age cut off for juvenile from 16 to 18.
- Considering the gravity and gruesomeness of the crime specifically consider exceptions; a maximum sentence of 3 years cannot be applicable for all category of crimes. Unless the consequences of crime are dire it is very unlikely to have an impact.
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