The sixth accused in the gang responsible for the brutal gang rape in Delhi is a little under 18 and has been left out of the charge sheet. But it is reported that the minor was one of the most brutal aggressors. One more accused has now claimed to be a minor. The question has arisen if the juvenile limit for crime in India should be lowered to 16. The Delhi Police Commissioner has backed the demand. Even if tried, the sixth accused will not get more than a three year sentence. It is not just justice denied but also a mockery of it. The minor will get such light punishment even if the adults accused are given the death penalty. True, the UN Convention on the Rights of a Child protects the rights of children. India adopted the norms by passing the Juvenile Justice (Care and Prosecution of Children) Act in 2000. There are two imperatives to be balanced in such cases, the need for justice and the need for rehabilitation of erring minors.
There is a good precedent for India abroad. The US and the UK allow trying of juvenile offenders as adults in cases of commission of heinous crimes. This means that the juvenile legal system in India can be changed. The focus on rehabilitation will be there. But when necessary, punishment should be severe. Minors should be made to realize the enormity of the crimes they commit. After paying the price for their crime they can be allowed to rebuild their lives. This should be a lesson to the country’s youth. This should be the lesson they should learn from the principles laid down by Swami Vivekananda and Netaji Subhash.
