REFORMATION OR RETRIBUTION FOR THE JUVENILE CRIMINAL

” You will loose your stripes and you will not be able to do a thing to me”. The Station House Officer Sarojani Nagar Police Station  was challenged with these words by a seventeen year old  who lived in the slums near by. He and his gang of boys  all younger than him with no family to care about targetted the residences of Government Officers to break in rob and then set the flat on  fire. Such houses were invariably unoccupied in the afternoon with the husband – wife  duo out on work and the children in school. The young hoodlum knew his rights.  The Juvenile Justice (Care and Protection) Act 2000( let us call it The Act) does not allow any records of his crimes to be kept. He cannot be arrested and interrogated. He has to be reformed no matter how many younger  boys and girls he turns into law breakers. Without much material to show him up for what he is his sojourns in the various Children Homes were brief.  He was back setting fire to Sarojani Nagar flats  with  the SHO without a clue how to contain him.  The Commissionar Police Delhi was narrating this story of crime  to the     L . G.Delhi in the Crime Meeting presided over by the Lt. Governor Delhi in the Rajniwas Conference Room  some time in 2008.

The  Act like our Anti Dowry Laws does not provide for exceptions.  Even if 90% of the juvenile criminal can be reformed  some , say, not more tha ten percent cannot  To  keep the society sane and protected  they  musr  suffer some retibutiion. The activists  and may their tribe increase, all good doers , are up in arms. They refuse to recognise that our institutions , as they exist , cannot reform that 10%.  The choice is  either create institutions that may be able to reform the “exceptions” or provide for such retribution which may keep them away from   repeating   their crimes.  The activist who only trust reformation as an instrument against juvenile criminals have to recast their thoughts to such retributive measures  that are not  as harsh  as that visit the adult ( one over 18 years of age)  for the  same crime but retributive enough.

This was exactly what was attempted by the then Commissioner of Police Y. S. Dadwal. He dug out facts statistics from  various countries. He produced a plausible paper to buttress his case for harsher measures in circumstances where the juvenile acted like the Sarojini Nagar seventeen year old. His efforts were championed by the Lt Governor Delhi who had suggested the change in dealing with different types of juvenile criminals in the very first instance. But the UPA Government dragged its feet. Then December 16th 2012 ( Nirbhaya )took place . From all accounts the juvenile among the  six rapists and murderes  was the monster. He has got the benefit  of The Act and while the   four who faced trial will, possibly, hang he will be free by  December 2015.     Had measures now contemplated been ushered in 2008-2009 when it was originally proposed by the Commissioner of Police Delhi this juvenile would have been denied  this release.

The NDA and Maneka Gandhi  think differently. No doubt reform should always take precedence.  But the  Act needs a provision where  a  particular juvenile can be prevented from continuing with his crime spree. The will to do this will surely find a solution. Confronted with steep escalation of crimes by juveniles   from  2003 ,  in 2013  the percentage of increase being , murder116.25% ,rape304.35%, kidnapping 459.0%, robbery334.0% and outraging of modesty175.0%.  Does the country have any choice? The Act  has  , despite its name failed to  care and protect the   juvenile/ juveniles  we are  discussing. The Act needs to be strenthened to deal stringently  with  creating and promoting  of crime  by  these juveniles. It has to send behind bars  those   diabolical Fagins now , in thousands  all over the country, who are creating and promoting crimes among juveniles for their own , ill-gotten, gains, safe from the eyes of law.