Crime doesn’t come in adulthood. Criminal activity is conducted by the criminal mind. If we don’t take against the rapist, it will inspire others to commit these heinous crimes, if any young person is committing this kind of heinous crime, it means that he’s far from his age. The same as wise Delhi rape a juvenile’s criminal who’s still involved in that crime but he’s a juvenile. So he’s easily escaped from jail, and our government can’t punish him. this incidence will motivate more juveniles to rape, if we want to control of this criminal activity, we need to take strict measures against juveniles and other, crime is crime, we don’t offer any kind of privilege to  the juveniles.

In India, rape is undeniably a heinous crime and a very troubling problem. Rape is the fourth most common female crime in India, according records of the office’s national crime statistics in 2013. Madhya Pradesh has the maximum number of rape complaints among Indian states, whereas, Jodhpur has the maximum number of rape reports per capita followed by Delhi.

INTRODUCTION

Every other day, youth under the age of 18 commit murder rape, and other heinous crimes. Why should special treatment be granted?

Cases such as murder, rape and all without proper planning can’t be succeed, and age doesn’t determine whether you are adult or not. The one who is preparing with all hate and ego in mind in such a way is definitely not a child. “Children are innocent”.

The terrifying incident of the “Nirbhaya Delhi Rape Gang Rape Case” on 16 Dec 2012, the entire country was stunned, & there were many disputes between the legal profession and the socialists. The main topic and reason for the discussion was the victim’s presence, which was short of 6 months to reach eighteen years old, the involvement of the accused in such a horrific Rape crime.

The law states: – if you break the law you pay

It’s not a matter of juveniles, been given a same sentence for an adult’s same crime, the law says: if you break the law you pay, it doesn’t matter if you’re an adult or a juveniles.  

Earlier this month, the nation wake up to the story about murder of the Angela Wrightson, A British citizen who is 39-years-old. The murder would not actually have been front-page news if its killers were not two teen girls aged 13 and 14 and even the fact that they used the image sharing or messaging applications excitingly, Snapchat, to inform their mates about the murder.

 Nirbhaya case

The frightful incident of “Nirbhaya Delhi Gang Rape Case” On Dec 16, 2012, the 23 year old student of physiotherapy was gang-raped on a moving bus. She was also savagely raped and thrown on the road with an iron rod. Her friend’s been badly beaten up.

The disturbing event set the stage for nationwide demonstrations, calling for more stringent standards against harassment and prompt disposal of such cases. Nirbhaya (the title given to the survivor by the media) passed away on December 29, 2012, despite best efforts to revive her.

Overall, in 2107, five people were convicted in the trial, including Akshay Kumar Singh, Pawan Gupta, Vinay Sharma, Ram Singh, Mukesh Singh and a juvenile. The other three convicts, Pawan gupta , Vinay Sharma, Mukesh Singh review petition had been denied earlier. In 2015, the fifth offender, in Tihar prison, Ram Singh committed suicide, and the sixth convict, the juveniles was released in 2015 after three year of imprisonment in a rehabilitation home.  

Dr. Priyanka Reddy case

Dr Priyanka Reddy, a 27 year-old a veterinarian was abducted, raped and murdered in the outskirts of Hyderabad. Her burned body was left by the perpetrators near under bridge.

That night, she called her home and told her scooty in shamsabad, Hyderabad, was punctured. This region is governed by a minority. She’d been anxious. She told her sister that someone is helping to her. Wanting to take her somewhere on the excuse of being fixed on the puncture. There’s lot of suspicious people coming together.

The next morning , in a deserted area of Shadnagar, Dr Reddy’s burnt corpse was discovered ,post mortem reported  she was gang- raped before being burned alive! Rape alone isn’t enough! Murder! Through sprinkling oil in a living condition.  What a horrible death for Dr. Priyanka.

 A good soul has been raped and burned to ashes. Each girl can imagine how it was going to be for her. What did she do wrong? She is a doctor who has been interested in her profession. Dr Reddy told her sister that she was scared during this whole scene! Each woman in this country is afraid.

WHO IS JUVENILE?

A person under the age of 18 is generally regarded as a juvenile under the juveniles justice (care and protection of children) Act, 2015.

Difference between Child and Juvenile

People under age of full legal liability shall be a minor or child under the age of eighteen is a minor and not wise enough to understand what’s right and wrong. A child convicted of a crime is not being tried as adult and sent into the child care center, whereas a juvenile is an individual between 16 and 18 years of age. 

In modern days, the principle has been accepted by most counties’ penal laws ‘doli incapex’, that means of know that the act committed here is a crime. The criminal law also specify that only children between the ages of seven and twelve can be punished as long as the act conduct they have decided to commit is a horrible crime and that they have the intelligence to understand the consequences of their actions. 

CONVENTION ON THE RIGHTS OF THE CHILD

India ratified the UNCRC on 11 December 1992, accepting in principle all articles except with some reservation on child labor-related issues. In India there is legislation that  it should not work for children under the age of 18 but child labor is not strictly prohibited, and practice is generally allowed in most industries except those considered Hazardous.

UNCRC: – ARTICLE 15

“1. States parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly

2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety , public order(order  public) , the protection of public health or morals or the protection of  the rights and freedom of others.”

CIRCUMSTANCES  IN  WHICH  A  JUVENILE  MAY  BE  TRIED  AS  AN  ADULT

  • Petty offences crime for which, for the time being, the mandatory sentence under the Penal Code or any other law is imprisonment for up to three years.
  • Serious crime includes the crimes in which the penalty under the Penal Code or any other statue for the time being is between three and seven years’ imprisonment.
  • Heinous crime crimes for which, for  the time being , the mandatory sentence under the penal code or any other statue is imprisonment for 7 years and above.

The below are section of the Penal Code, in which an offense committed by a juveniles may be considered as just a heinous crime.

S. No  Section in IPC       Provision under the section    Punishments
          121Waging or attempting or abetting to a wage war against  government of IndiaDeath or Imprisonment for life
          195Giving or fabricating false evidence with intent to procure conviction of offense with imprisonment for life or imprisonmentMinimum 7 year
          302Punishment for murderDeath or imprisonment for life
         304B Dowry DeathMinimum 7 year and can extend to life
          311Punishments for thugsImprisonment for life
         326AAcid attack causing permanent or partial damage/ deformityMin 10 year and up to life
         370TraffickingMinimum 7 year and up to  life
         376RapeMinimum 7 year and up to life
         397Robber, or Dacoity, with attempt to cause death or grievous hurtMinimum 7 years
         398Attempt to commit robbery  or  Dacoity when armed with deadly weaponMinimum 7 years

 Under this Act, a juvenile offender shall be tried as an adult between the ages of 16 and 18 for any of the offences referred to above, in connection with any other crime in force where the mandatory sentence is 7 year or above.

JUVENILES PUNISHMENT IN INDIA

The rate of crime among children under 16 years old has risen in the last few decades. The factor why the crime rate is rising may be due to the child’s educational environment, economic condition, lack of education, and parental care. These are some of the fundamental reasons for this.            

Like the other nations, India has made legal provisions dealing in particular, with the protection and rights of juvenile offenders seeking the issues of juveniles’ delinquency. The Indian juvenile justice system is based on the three main principles:-

  • Juvenile offender should not be tried in court, but should be corrected in every way possible.
  • Juveniles should not be punished by the court but they also get a chance to reform.
  • The trail of children in conflict with the law must be based on non-penal treatment by communities based on social control agencies for e.g. special homes and observation homes.

HOW INDIA PUNISHMENT MOTIVATE TO OTHER JUVENILES

The rising rates of juvenile criminal act in India are very concerned and have to be focused on. Although the govt has laid down various laws and regulations to stop juvenile crime incidents, the current juvenile laws do not have a strong deterrent effect on juveniles and therefore the outcomes are not successful and there is no legislative purpose.  

The same punishments should be provided to juvenile criminals who commit serious crimes as adults. Otherwise, it’s likely to become a habit that can carry on till later life of that person. When teens’ acts are overlooked, it will encourage more youth to commit the same crime and get away, resulting in increased violence.

When teenage offenders were not punished for their acts, they will never realize the impact of their actions and their effect on their society. Strict laws will also be in effect to prevent young children for committing such crime.

Today, there’s lot of news of youth attacking youth because they‘re in the wrong group. It needs to be stopped, and the only way of stopping it is to start taking specific measures to handle their violent behavior. When children are grown up enough to commit such a crime, they are grown up enough to still be punished for the crime.

While deciding on the punishments, the severity should be remembered, because it depends on the individual’s state of mind, not of the generation. Accordingly, it should be punished.

This initiative would definitely reduce the number of youth offenders and save our society from the horrible crimes committed by juveniles.

From a medical and psychological perspective, a person reaches a maturity level when he or she is 16 years of age. Looking at the current social environment in which children are exposed, there’s a need to reconsider the juvenile age.

JUVENILES PUNISHMENT IN FOREIGN

  • PAKISTAN– Where a child is arrested or detained for a crime under the age of 15. Which is punishable by less than 10 years’ imprisonment shall be treated as if he had been charged with a Bailable offence. Under any law, no children under the age of 15 shall be detained, dealing with preventive detention or in accordance with chapter VIII of the code. Provided that if a child of fifteen year in age or older is detained, the court that refuse to grant a bail unless there are reasonable cause to believe that this child is involved in an offense that it considers to be extreme, gruesome, heinous, violent, sensational or shocking in public morality.
  • SHRI LANKA– Between the age of 8 and 12, the judge has discretionary powers to hold a child criminality responsible or not, depending on judge’s judgment as to whether the child has attained enough maturity to understand the true nature of the consequences of his behavior. Children over the age of 12 may be charged with criminal liability irrespective of their maturity to understand the consequences and nature of their behavior. Children between the ages of 14 and 16 are    considered person. The criminal justice system treats children between the age of 16 and 18 as adults.
  • MALDIVES– in the Maldives, children between the ages of 16 and 18 are considered adults.
  • ITALY–  Article 98 subsection 1states that, in turn, a person who at the time of committing crime has reach the age of 14 but not 18 and who is able to understand and willingness, should be punished but the punishment may be decreased. The ability to understand and shape mental intent between the ages of 14-18 must be clearly established by the presiding judge in each case. With respect to the ruling which may be made by the court, the penal code specifies that the adult orders and penalties may also be extended to minors with certain discretion and reductions.
  • ENGLAND– children are prosecuted at the Crown Court for very serious offenses. The crown court may punish children between the ages of ten and eighteen who have committed an offense punishable by imprisonment of fourteen years or more for adults’ offenders, children who have committed certain sexual offence or murder for the same offence to the maximum of adults.   

REMEMBERING KHUDIRAM BOSE, THE YOUNGEST REVOLUTIONARY WHO WAS HANGED AT THE AGE OF 18

At a time when most of us cannot find out where to go in life, Khudiram Bose not only resolves to fight British colonialism with unremitting vehemence, but his bravery also rendered him a martyr during 18. 

Khudiram Bose was born on December 3, 1889, better known as India’s youngest Freedom Fighter. Bose was only 18 year old at the time and was charged with bombing Kingsford’s carriage. The barrister’s wife and daughter, Pringle Kennedy was killed in the attack. He is regarded in India as the youngest activist in the whole struggle for freedom.

Some facts about the Khudiram Bose:-

  • His elder sister raised Khudiram Bose after the death of his parents.
  • He began his basic education at the village school or studied until class 8
  • While he was in class 9, Bose decided to give up studies because he is more involved in patriotic events.
  • He supported the Swadeshi Movement or decided to devote his life to India’s noble cause of liberty.    
  • In 1902 that Sri Aurobindo explored Medinipur and conducted a series of public talks along with clandestine planning meetings for revolutionary group, Khudiram was one of the city’s teenager student communities who had been shot with a burning passion for revolution. 
  • When he was young, even he asked the teacher at his school for a revolver.
  • He planted a bomb outside police stations when Bose was 16 and attacked government officials.
  • Bose adopted the name Haren Sarkar until planting another Bomb and carefully observed Kingsford’s daily schedule, movements and activities.
  • Bose used to make notes of his timing at a courthouse, the house and his club.
  • On the April 30, 1980, He dropped bombs on the carriage in which Kingsford’s was travelling. The attack was a success so it blew up the carriage and began to burn. This carriage, however, was not driven by Kingsford, but Barrister Pringle Kennedy’s wife and daughter.
  • A reward of 1000 Rs was declared for the attackers. Bose walked for 25 kilometers that day, looking for a safe and secure place to hide. When he entered the railway station that is known as the Khudiram Bose Pusa Station Bose was confronted by two police officers. On the same day Khudiram was arrested.
  • In court, to protect his friends, Khudiram takes full responsibility for the whole operation and loss of lives solely upon himself.
  • While he was sentenced to death, Khudiram’s spontaneous and immediate response was to smile. When he asked to say something, Khudiram answered that if he could be allowed sometime, he would be able to teach the judge the ability to make a bomb.
  • He was given a chance for appealed to the high court for seven days, but he declined to appeal. When he was hanged, Khudiram was just 18 years old.  

Poet Pitambar Bas composed and wrote the famous Bengali song to the Commemorate the death of the 18 year old “Ek Baar Bidaye De Ma” A music which resonates with his motherland’s love for the teenage boy. It is also a song, because of its painful, haunting words, that always manages to bring a lump is everybody’s throat.  

He was also the juvenile, no one leave him due to the juvenile, they hanged him, what’s wrong with him, and he wants serve help to his motherland, not like these people who wants to destroy motherland. The exact meaning of motherland is, land where mother lives, mother may be someone daughter, someone sister, someone wife. Every person should take oath to protect our mother as well as motherland same as like Khudiram Bose.

CAPITAL PUNISHMENTS

Rape: – Rape is a sort of sexual violence that usually involves the offender’s sexual intercourse or other forms of sexual penetration committed by the offender against the consent of the victim. Until 2012, it was considered to be a criminal offense only perpetrated by men against women. However, in 2012, the definition of sexual assaults (Rape) was altered and now recognizes the victim of all genders. Consent is the main ingredient of Rape: there must be a lack of consent.

History: – rape was considered a war weapon in ancient times. During a country’s war, women are raped by soldiers. Ethnic women were impregnated by enemy soldiers through rape and were sometimes raped by men infected with HIV. In 1993, UN declared crimes against women to be military sexual slavery and systematic rape. 

Punishment for rape in India…

Section 376 of the Indian penal code provides for punishments for rape. Except in cases given in sub-section 2 of the same section, punishments will be extreme imprisonment, not less than seven years, which may extend to life imprisonment, and fine.    

In April 2018, capital punishments is extended to anyone convicted of raping children under age of 12.

Nonetheless, in April 2018, capital punishments is permitted to anyone charged with raping children under 12 years of age, and what about rape of women over 12 years of age, rape is rape. There is no distinction in committing rape of the girl below 12 years of age or over 12 years of age, then why there is such a huge difference in punishments. The new law will protect children under the age of 12, as rapist would think many times before raping a child under the age of 12, because there will be fear of death among such men, but what about girls above the age of 12. Engaging rape not only physically injures a child, but also psychologically injures her. It spoils a girl’s entire life.

While the heinous crime is committed, he is convicted in his sense in order to make a physical relationship with a girl even without her permission; there is always a mental element. Granting a prison sentence of several years can’t change the mentality of the accused person.

The rapist is not acceptable for society and therefore the death penalty (capital punishments), should be enforced so that a precedent can be set in the front of society and rape cases can be minimized. In cases of rape, the age of the victim should be treated as immaterial in order to grant the perpetrator the death penalty. Even the age of the rapist should not be accepted for the death penalty, as we can see in case of the Nirbhaya Gang Rape, the fourth violist who was a juvenile, was not punished like other violist of the same case even if it was proved that the he was more brutal towards the woman and his act cause the victim’s death. He was granted no death penalty just because he was a minor. 

OTHER COUNTRIES CRUELEST RAPE PUNISHMENTS-

  • CHINA- china is one of the most extreme countries in terms of punishment for rape. The penalty is a sentence of death. Rapists are sometimes punished by genital mutilation, and eventually death. However, the problem is that rape victims are often silent in china. The reason for this is simple, traditional culture holds that “a shameful act has been committed”. In Chinese culture, rape is still a taboo topic.  
  • IRAN- Iran is yet another country with really stringent rape laws. The rapist is punished by hanging or shooting in public. The aim is to demonstrate to the public that rape is not tolerated and increase awareness. To order to get revenge, victims are allowed to shoot the rapist in public.
  • AFGANISTAN– in Afghanistan, cases of rape are very rare. Why, there are two examples, the first is the death penalty, which is the sentence of death. Within four days of sentencing, suspects are shot in the head. The victim is executing the punishments. In some reports, there is hanging of rapists. The other reasons are few cases of rape in Afghanistan are due to stigma and tradition. 
  • SOUTH ARABIA– Saudi Arabia’s laws regarding rape are quite strict. Rapists are sedated first and then publicly murdered .Saudi Arabia acts in compliance with Islamic Sharia laws as an Islamic country. Rapists are beheaded in public, and they sew together the body and the head. Stones can also condemn the rapists to death. Rape stones are showered in the directions of the rapists before they die.  

CONCLUSION

I feel teenagers must be held accountable and tried as adults for their acts. Just don’t commit the crime if you’re thinking about the penalty. After these types of cases the society is divided into two parts and very shameful part of the society is that most of the people playing on social media that BOY v/s GIRL.

Most of the people say that don’t teach to the girls how they work but to teach the boys also how to work. This fight is not only BOY v/s GIRL or GIRL v/s BOY; this fight is only for ACCUSED v/s VICTIM. How we treat victim that is important.

This case is not committed in any village, district, forest that is committed in Hyderabad, this is a big city, Hyderabad is a big city of India, all areas of the city are covered by CCTV camera. Ever think that how much courage to these accused they work under CCTV camera.

Why these accused don’t have fear of law? the reason behind this the loopholes of law. After the Nirbhaya case how many accused hanged? I think no one, due to the loopholes of law, accused get motivated for that.

RAHAT SHAB SAID THAT –

Rounded Rectangle: “kabutro ko khuli chat bigad deti hai
Suna hai hwao ko sobat bigad deti hai 
Or jurm karne wale log itne bure nhi hote 
saza na dekar Adalat Bigad deti hai ”
“Justice delayed, justice denied”

 

Justice delayed motivated to the accused and converted into violence.

Rounded Rectangle: “Whoever commits rape, shall be guilty of the offence 
Under section 376 of IPC shall be a death penalty”  

Section 376 of Indian Penal Code, punishment decided according to the situation, circumstance, age, Person etc. As per the citizens or public view that, the punishment should be stated in one line that,

Death penalty is less for this type of cruelty or violence, when we talk justice, criminal justice system, then we talk about corrective justice, accused should be given a chance to improve, and there is a question, being part of the Judicial System, why we give a chance to accused for improve especially in rape case.

Bacchan singh v/s State of Punjab, 1980[1]

In this case, first time SC laid down the doctrine “rare of rarest case”.

In India, it was very clear that capital punishments can only be enforced in rare of rare cases.

Machhi singh v/s State of Punjab, 1983[2]

In this case, SC laid down the rule that rules decided that which case is under the doctrine of “rare of rarest case”.

So, as per these case laws, in which case this doctrine “rare of rarest case” laid down, there should be a “rare of rarest punishment”.

It is not mandatory that everyone must be under the improvement period.

Rounded Rectangle: Yagvalaya said in his book:-
“Jaghntam Apradh ke liye krurtam dhand ka Pravdhan hona chahiye”

 

For these offences, one single hearing is enough, all appeal rights should be over, death punishment announced after the proper police investigation, police give the evidence to the court, court analyses the evidence, then judgment pronounced by judges, the judgment should be executed.

The main objective is that, is to provide a relief to victim or punishment to the accused.


[1] AIR 1980 SC 898

[2] 1983 AIR 957