A desideratum to change juvenile justice Act

Much hue and cry has been made in aftermath of horrendous rape cases that shook the nerves of every Delhites and Mumbaikars respectively .Nation’s conscience was jolted at these sheer reprehensible   acts of savagery and brutalities .Who could have visualized that in a land where women are considered fount of cosmic energies and are even equated with deities of Durga, would be made vulnerable to such ignominious treatment which will put to shame entire humanity? Does it not allude to the fact that still a section of   patriarchy deeply rooted in illiteracy and ignorance strives to extract out so called supreme male  bliss out of such forced union ? Why still male dominance tends to manifest itself through such acts of profligacy? Why still male aggro and aggression tries to exert its supremacy by tearing asunder women’s psyche and physique when the society has made unprecedented progress in all arenas of life? Why people fail to understand that it is almost impossible for a woman to overcome traumatic experience of a rape as she is subjected to barrage of societal tantrums hurled at her to prove that she has been defiled and thereby deserves to lead a life of perpetual pangs of sufferings, which no amount of penance can wash out.  Despite being materially sound are we descending abysmally low in cultural and ethical values? Why this transition, why this steep decline in very dignity of women who had earlier been anointed on top pedestal of societal influence? To me it seems that society and its esteemed values that used to be its primer and lifeline has crumbled all together; where we are unable to salvage our feminine folk from talons of rapacious men and their unrestrained libido. It is said that health and hygiene of a society is directly proportionate to dignified status of women and children and; wherever disequilibrium sets in, and disrupts this balance it, proves catastrophic for the health of any society .Remember that men and women despite being different entities contribute equally for the growth of society through their efforts which are well calibrated, coordinated and cohesive one. No law however, stringent it may be can stop this crime, but its frequency and aggravated form can definitely be curbed. We have adequate numbers of laws and legal paraphernalia which; if rigorously implemented will deter such heinous acts .It is societal awareness alone which can mitigate the sufferings of women unleashed by lustfulness and lewdness of men. It is by act of ethical indoctrination alone that parochial mind-sets of men can be altered. Philanthropists, seers, volunteers and social activists should be saddled with the very responsibility to inculcate moral values in teeming millions of society. If they succeed in this, then definitely feminine folk would not be destined to date with such dreadful acts.

As far as indulgence of juveniles in such ignoble acts is concerned, again the onus lies on shoulder of society and not on legal fraternity.   Acts of Rape by its ingrained behavioral pattern of complexities are triggered by either fits of mental neurosis or perversity of mind which cannot be easily contained by mere draconian sets of rules .On legions of occasions it is observed that such stigmatized acts are commissioned by victim’s own kith and kin? Now under this proposition which law has got potency and adequacy to protect women against any kind of possible physical assault resulting either in molestation or rape?

Framers of law were pragmatic enough to deal juvenile crimes differently by embedding concertized legal provisions under section 82& 83 in I.P.C OF 1860. Whereas section 82 is hinged on concept of doly incapax whereby children till age of 7 enjoy complete exemption from punishment, Section 83 which is applicable for children belonging between 7 to 12 years is based on legal maxim militia supplex oetatum, which means malice supplies the defects of age. In this, partial liability can be fixed depending upon the degree of maliciousness which spurred their mind for commissioning of an offence. Children aged between 12 to 18 fall under the purview of complete liability.

JJA  at present being the apex body to esquire into acts of child delinquencies, provides immensities to the children till the age of 18 and strives to rectify and purge their minds by its reformatory laws.  It provides that irrespective of gravity of crime children won’t be punished by more than three years and won’t be incarcerated in traditional prisons; rather they would be kept in reformatory houses .Though its avowed objectives to ensure their restoration in mainstream of life is quite commendable but it suffers from certain fallacies which if not removed; will relegate the status of this body to a mere farce. In wake of spree of inhuman rapes, questions have been raised behind the rationality of its law to impart such degree of immunity to even children who are savvy and mature enough to be aware of the dire consequences of their crimes .Why to exempt such men such privileges when they are not only brutal but a blot on the of society and deserve to be dealt with severe degree of punishment that may act as deterrent to curb and contain such acts of sheer brutalities?

Currently children are attaining level of maturity much earlier what it used to be before 20 years as they have been exposed to media onslaught which is pandering their cryptic prurient desires by dishing out something that is sleazy, spicy and obscene even under the threshold of our their own houses as their parents fail to provide them much needed time and precious counselling thanks to their maniac indulgence of minting money .Accessibility of modern modes of communications has further aggravated the condition where just by tickling tips of fingers children can enjoy mountainous proportion of pornographic stuffs, which contaminates their minds and renders them mentally sick. When they perpetuate grave offences such as rape for satiating their carnal desires quite willingly and that too by being well aware of its legal repercussions where arises the question of being lenient towards them?

Therefore ,the need of the hour is to reduce age of 18 to 15 as crime records are a pointer to the facts that much of the crimes are commissioned by children who are less than 18 years of age.