Wednesday, 27 August 2014

The Issue of Juvenile Justice

Juvenile justice has been a hotly debated issue, at least with respect to India. The Indian masses have largely been portrayed to be not satisfied with the laws governing the juveniles.

Aims of Criminal Law

So, let us ask fist ourselves, what is criminal law? How is it different from civil law? Now, it is pertinent to note that the Indian Contract Act, 1872 assumes that a minor is incompetent to contract except for the case of basic necessities where he can be held liable to pay. In the context of criminal law, the fundamental question of criminal law arises as to what it seeks to achieve. Merely seeing the crime and not the offender's environment will lead to a judgment bas in society[1], even if that is what the society demands. The majority opinion may always not be the correct opinion. So it has been agreed upon by many that the crux of the difference between civil law and criminal law lies in the social condemnation the latter carries with it[2].

Reformation vs. Punishment

Reformation seeks to look into the offender more than the crime, and punishment, or imprisonment, looks at the crime without looking at the offender. While leaning on both the sides is dangerous and carries unforeseen consequences, But in my opinion, one should rely more on the former as in a tender age a child is more prone to believing what he is taught without questioning much of it. Reformation promises more good than punishment.
Justice that law gives is punishment; justice that love gives is surrender. 
- Mahatma Gandhi
So, what in my opinion should be done, is that, for all offences, a child might not be knowing the consequences of his act. For it seldom happens that one fine day while you're having breakfast, your mom will tell you, "My dear son, please do not rape women. It is bad.". It grows inherently as a moral conscience that watches over men when they drool on women.

Conclusion

To conclude, it is inevitable to state that juveniles should be protected under the law. One or two offenders should not be the reason for a hundred innocent to be imprisoned. Reformation looks into the root of all evil, to eradicate the reason behind the criminal behavior in society, and can promise us a better future than punitive justice. However, what needs to be looked into, is the question, "Can this child be reformed?"



1. Henry M. Hart Jr., The Aims of the Criminal Law, 23 Law and ContemporaryProblems 401-441 (Summer 1958), available at: http://scholarship.law.duke.edu/lcp/vol23/iss3/2
2. Ibid.

Sunday, 24 August 2014

Very less, very very less.

I've been a grumpy old man recently. And, yeah, I haven't written much. I have so less to say now.

The world is a weird place - they condemn the good and praise the wrongful. Why? Because, simply, being bad is the norm. When someone acts bona fide really good to someone, people have to question his motives as to why he is doing so. This deters genuine people from being genuine. Like, literally.

Yeah, that's all for now. I'll return in a while. Just to say things to someone. Next post will not be disappointing, I promise.

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