Pritpal Kaur

The supreme court of India expressed inability to keep the juvenile offender of Nirbhaya in reform home, as the law of the land does not permit it, since the boy has already served the maximum punishment of three years in the remand home.
It's immaterial at this point if he is kept within confined guardianship of some NGO or set free to go to his village. The question still remains the same. Was his crime lessened because he was not eighteen at the time of the crime? For the matter of fact is what he did, i.e. his involvement in the gang rape of the victim, inserting foreign objects in her vagina and anus and taking part in brutally beating her to near death and beating her male companion. Can all this be taken lightly just owing to the fact that he was not legally adult?
The question is more important as the very same day i.e. 21st of December 2015, a fast track court in Rohtak, Haryana, sentences to death 8 of the

gang rape accused of a Nepalese woman. The case is known as Nirbhaya II, named after the notorious Nirbhaya case that happened in Delhi three years back. Here too we have one juvenile offender, whose sentence has to be ascertained yet.
The modus operandi in Nirbhaya II too was almost similar to the one as was found in the case of Nirbhaya of Delhi. Is it not the indication that criminals are getting ideas from the crimes committed and reported in media? The Nirbhaya II criminals’ gang raped and brutally killed the victim. In her private parts were found razors, blades, stones, condoms and pieces of stick. One shudders even at the thought of such brutality and cannot help point similarities in the two crimes.
It's a very dicey situation we face here. Crimes must be reported and reported with all details and with consequences so that they act as deterrents. But does reporting really help in acting as deterrent to people with criminal mentality?
These crimes raise so many questions that of course are being addressed in courts and media and are thought about upon at all levels. But the juvenile act is still to be addressed properly.
Our constitution doesn't allow a person below eighteen years of age to drive, he is not eligible to vote, he is not eligible to marry unless he is twenty one, nor is he allowed to drink alcohol until that age, but yet, if he gets involved in a gang rape and all his accomplices are sentenced to death he still is eligible to be treated as a non-adult and can be handed over an olive branch.

Is rape an adult act or a juvenile act?
The act itself is a crime. Crime against humanity. The highest crime a man can commit against a woman. Yet if he has not attained adulthood in the eyes of the law he cannot be held responsible for his act the way he would have been held if he had attained adulthood.
This seems to be the biggest irony of our times, of the society we are living in. Does it not give the adolescent boy with a twisted mentality a thought to act irresponsibly as the punishment would not be much if got caught?
These are the basic questions we as the citizens of the largest democracy in the world need to address. These are the issues which need the immediate attention of our law makers, our government, and our representatives sitting in the opposition benches, our intelligentsia sitting in the highest seat of justice.
As for the juvenile act, the United Nations Convention on the Rights of the Child (UNCRC) was ratified by India in 1992 and the 2000 Act was consequently brought in to adhere to the standards set by the convention. The UNCRC states that signatory countries should treat every child under the age of 18 years in the same manner and not try them as adults. The 2000 juvenile act complies with this requirement.
However, many other countries who have also ratified the Convention try juveniles as adults, in case of certain crimes. These countries include the UK, France, Germany, etc. The United States is not a signatory to the UNCRC and also treats juveniles as adults in case of certain crimes.
In our society woman is the suppressed partner, her will and wish is not of much importance in a common Indian home, especially in rural and urban India, even today. We live in a male dominated society. If a woman refuses to have sex, generally it is not taken at its face value. Marital rape is most common kind of rape that happens in our society and almost always goes unreported.

Act of rape is an act that is a completely an adult act
But the fact remains is that the act of rape is an act that is a completely an adult act. Even the age of consensual sex i.e. marriage for Indian men is 21. Taken this into context how can an act of rape be considered with compassion for the accused?
Another large question that looms around this argument is the right of the victim. If the law considers the special privilege to be given to the underage accused, what about the victim? What has the law to say about her rights? What crime did she commit for being at the receiving end of such a heinous crime besides being born a woman?
These are the questions as citizens of India we need the answers for. From the government, from our representatives sitting on the opposition benches. And from our highest seat of justice.

Hastakshep