Appraisal of the Juvenile Justice Act

S. T Yapang. Lkr
Kohima

If a juvenile i.e. children below 18 years of age commits burglary, and more serious crime like rape and murder, a child cannot be punish severely and if arrested by the Police will not put behind the bar. Thief (or Criminal) will never cry out that he/she is a thief/criminal but will only, when punished by our old method of punishing like thrashing by stick. As the police are afraid of their suspension from the service, instead of punishing the underage criminals, they are compelled to release by offer them sweets and rasgulla. This kind of practice is not appreciating and against our culture. In many cases, we come across under age children (18 years below) committing serious crime like rape, molestation and even murder. Since they know what they are doing, we need to take stern action without mercy even to those under age criminal. And I firmly stand on this ground. Child or juvenile not to punish is totally a wrong concept. Last year (2012) news of robbery in a house makes a state hit-line in mass media, and inquired a person about robbery and person involved, but reply was that, robbery of around Rupees four lacs was less discussed (though arrest red handed) and more importance were given on the assault of under age children who were suspected of robbery. Finally the case was solved by applying the concept ‘forgive and forgot’ as they are neighbor and have to live together till death part.

In Ao-Naga tradition a person who attain the age of 15 years are considered as a responsible citizen, irrespective of rich and poor. What is your opinion on a juvenile who commit crime cannot be punish and imprison incorporated in the law? We take this lightly as it does not happen to us but it is a serious case and like a law that encourage juvenile to commits burglary, to become stubborn and arrogant. May be this kind of law is acceptable in other part of the country but it not applicable in our Naga society. As this provision of law safeguard the criminal child, thus indirectly encourage them to act further. And there come a situation to decide, who will live; whither the person who safeguard the criminals or the patriotic citizen? A fifteen years old child have a rational mind to decide what is good and bad, also grown enough. If we insist that the law is passed and cannot amend some provision of the law, then the criminal minded adult will one day organized and employ the under age children for extortion of money and for murder, and the materials gain from such act be divide equally among themselves.

The apex Ao women organization ‘Watsϋ Mungdang’ demand for a Juvenile home at Mokokchung (that published in Tir yimyim, dated 28th August 2012) was good initiative and need of the hour. In support, I also like to suggest that the provision not to punish the juvenile be removed and reduce the age of juvenile from 18 years to 15 years.

I am certain that, not in single village have the rule to fined and confined in a wooden lockup by community for punishing the burglar (and criminals). With change in time, when some poor parents who cannot provide square meal a day to their children might encourage their child to commit crime in order to stay at juvenile home. A person who personally visited a juvenile home once said, ‘if juvenile home was there when we were child, we would rather commit crime and let us take to juvenile home instead of working that much hard and half-starved. This home is not a jail but a place for entertainment and watching television cheerfully besides providing proper nutritional food. Thus, it’s a good idea if the poor parents put their children at this home’. Proverbs 13:24 (NIV) says, ‘He who spares the rod hates his son, but he who loves him is careful to discipline him’ and ‘Folly is bound up in the heart of a child, but the rod of discipline will drive it far from him’ Proverbs 22: 15 (NIV). These quoted line are not words of people like you and me but the words of the wisest man on earth, thus we need to examine carefully. I am not encouraging to harm them but need to punish if the thief or criminal denied his/her foul play. Instead of punishing for their crime if they are set free by providing them sweets and rasgulla just imagine where our society will be. Thus, different NGOs need to demand the government to amend the existing juvenile law and encourage the legal experts to examine the law and sensitizes the general public through mass media about the law.
 



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