An incentive to a rapist!


Now that the worst has happened in the garb of a decision given by the Juvenile Justice Board to the effect that the minor accused in New Delhi gang rape case is to be tried only as a minor, a status so determined on the basis of his school certificate. As per his school certificate, he was aged 17 years, 6 months and 24 days on the date of the ghastly incident on 16th December’ 2012, supposedly just a few months short of the legal age of the accused i.e. 18 years. If the decision so given is treated as a valid legal interpretation, the dreaded accused, so called as a minor, goes almost scotch free after the trial is over. The Law provides maximum of 3 years of keeping a minor lodged in a juvenile home as a punishment, beyond which he is as free as he was before committing the crime heinously as a dreaded culprit. The Law is also interpreted as saying that a minor criminal has to be kept lodged in a juvenile home (not the jail) only till such time he becomes an adult. This means that in the instant case the minor accused, whom the police named as ‘most brutal of the accused’ in their FIR, has hardly a few months, or say days, to spend in the juvenile home. Not a bad bargain?. It could be any young man with few years left to gain adulthood, to opt for a few days in juvenile home against raping any woman in the streets, in a bus, in some train, in a market or even in a house hold fulfilling his sordid desire for sex. This also means that if a rapist is awarded so frugal a punishment like this, it acts more as an incentive for the potential rapists instead of any thing deterrent to them. As already stated by me in one of my earlier posts, in countries like America and England, their law amply provides it that if a minor is found involved in crimes which generally adult ones commit, he is awarded the same rigorous punishment which adults deserve. What is the problem for the Indian government to follow the same rules like in other countries in respect of most heinous a crime like rape or gang rape?. They are a democracy lagging behind others in many ways and so is this respect also. India, as it poses most often, is after all Great only!

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14 thoughts on “An incentive to a rapist!”

  1. It is obviously a difficult question to answer? Simple in some respects. If this crime had been committed in Canada? Generally, it is my understanding that it would be raised to an adult court. With plenty of precedent here, in N.America for serious crime, etc.

    While on the surface this person seems like getting away with it? Your lawmakers need to adjust those laws to prevent reoccurrence? IMO.

    I am not a lawyer. [thank goodness].

    This person, will be released sooner than later. Given the amount of outrage, I do not give him much hope for his survival. Either after, or while in detention. I expect there are plenty who will see the law, “as an ass”? Likely taking it into their own hands to meet out a type of vigilante action? Regardless his soul is stained, far worse than any punishment the law could hand down. A stain that will take much to erase. They all do. One that guarantees many lives of despair.

    As much as the pain that was inflicted on that woman. She is going to be okay! The real pain will be felt by her family. The brutes that did the rape, will pay for their action more than any punishment society can give them. Including termination of this life. Generally, that is of small comfort to those who are aggrieved by them.

    What blows away my mind, “is how those people, who do such things, can objectify another person so”? Somehow that seems to be a problem of society? A general dumbing down of empathy for other human beings. We seem to be living on a planet filled with demons? Go figure?

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  2. The question is that when an individual ( minutely minor by months and days ) is capable to perform rape then why he should not get the same punishment , mentioned for adults. Moreover the adult criminals are getting the benefit of present Indian law of punishment and are using such minors for various crimes. So It is the high time for Indian government to make law in line with other countries e.g. USA as mentioned in blog by blogger.

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  3. i dont understand why should this boy face a different treatment, he is not that young, if he was ten or eleven years old i would have said that he knew not what he was doing, or may not be aware of the pain he was causing to his victim but this boy is not really a child, is he?

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  4. Worst happened,no doubt but any Board or Court can not walk beyond the boundary of law.Ammendment in law can not take place over night because practically it is not possible.Perhaps the concern law is going to be ammended therefore we may hope for required provision in the law.

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  5. SIR, BEAUTIFULLY WRITTEN WITH VERY STRONG WORDS. I FULLY AGREE WITH WHAT YOU HAVE EXPRESSED IN YOUR BLOG. THE PRESENT LAW IS NOT AGAINST THE CRIMINALS BUT FOR CRIMINALS AND FOR POTENTIAL RAPISTS TO COMMIT MORE CRIMES AND RAPES TILL THEY ACHIEVE ADULTHOOD. WHAT A LAW OUR GREAT COUNTRY HAS? INSTEAD OF PUNISHING THE CRIMINALS OUR LAW IS ENCOURAGING AND REWARDING THEM. I ALSO FULLY AGREE WITH ONE OF YOUR READERS THAT IT IS AN INDIAN WAY OF DISRESPECTING WOMEN.

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