How fair it is to treat a minor as an adult?


The perpetrators of New Delhi gang rape included a minor, one out of six, who was more aggressively involved in the act. He is in jail meant for juvenile delinquents. A sort of debate is going on every where whether or not he is liable to be awarded punishment at par with the adult ones involved. The common opinion that is emerging from different corners is in favour of giving him the maximum most punishment of death where the laws of the country may come in the way. The relative laws provide maximum punishment of 3 years imprisonment in the case of the criminal who happens to be a minor one. Why such a relaxation was prescribed by the Law?. Obviously it was for the simple reason that minors are normally not supposed to indulge in to graver sort of criminal activities. In the instant case, the criminal who happened to be a minor one, or he only claims so to secure a lenient punishment, committed the act much more barbarically compared to his other adult culprits. This should be in fact the very criminal act that should count and not the age. The Law stipulates two different types of a cognizance for killing some body accidentally or in self defence, and killing some body intentionally. Intentional killing is considered to be more heinous a crime than the one that is accidental. In the case of New Delhi gang rape, whatever the criminals did, including the so called minor one, they did it with full intention for the purpose. The issue actually requires not much of any debate as there are ample instances available globally. There are countries, including America and Britain, where their Law clearly provides that if some body is involved in some heinous crime but happens to be a minor, he has to be tried as an adult only. In the instant case, nothing less than a deterrent punishment like a death sentence is the uppermost need.

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Author: neelkanth

Certainly not a celebrity but do have inquisitiveness to know things, realise them and live them to the extent possible. My interest in History, Art of Living and behavioural science is an element that inspires me.Am a poet,an author,a consultant, an advisor on computers and behavioural science.Served as Director in Central Board of State Bank of India.Remained associated with trade union activities and industrial relations as President,All India State Bank of India Staff Federation.Led a delegation on computers to several countries abroad number of times as from State Bank of India/ Banking Industry. Was twice accorded with NATIONAL AWARD FOR EXCELLENCE by All India Freelance Journalists Association, Chennai (India). My email address is: neelkanthshahi@gmail.com

11 thoughts on “How fair it is to treat a minor as an adult?”

  1. In Canada, at least, a crime such as this would be raised to adult court. There is plenty of precedent. I’m not a lawyer, though. Usually there is a pre-trial where it is determined, whether the perpetrator will face adult court. In the days past, age was seldom a factor. Do the crime, take the time. It is obvious to me, that India needs such change to their laws?

    It may be that this thugee will beat the rap? Yet there is no escaping the the ramifications of it, on his life. So sorry, for him. Those few small moments of carnal pleasure, will be haunting him forever. He will be feeling pain, at every turn. In the darkness. As he grows older and older he will find the karma of what he did, following him down the dark alleyways of his mind. He will find no comfort in a pleasant family life. No children and grandchildren, to have the pleasure with in his old age. No woman will be there for him to soothe his brow or feel concern over his troubles. At every turn, he will find fingers pointing him out. He will never beat the rap, of life. He sold his soul, for illicit sex and murder; thus has ruined his life.

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  2. SIR, THANK GOD THAT AJMAL KASAB WAS NOT A JUVENILE ON 26.11.2008 WHEN HE LANDED ON INDIAN SOIL. FOR HEAVEN’S SAKE LET THIS JUVENILITY THING NOT BE OVERDONE, LEST IT SHOULD GIVE IDEAS TO CRIMINALS, CONTRACT KILLERS AND TERRORISTS. AS PER MY UNDERSTANDING, THE CONCEPT OF JUVENILE JUSTICE BOARD IS THERE TO TAKE CARE OF JUVENILES FOR PETTY, INNOCENT, CHILDISH, IGNORANT AND INADVERTENT CRIMES ON THEIR PART, SO AS NOT TO RUIN THEIR LIVES BUT TO GIVE THEM A CHANCE TO REFORM. IT IS JUST NOT JUST TO PROVIDE PROTECTION TO SOMEONE ONLY CHRONOLOGICALLY AND TECHNICALLY JUVENILE, UTTERLY DISREGARDING THE HEINOUSNESS OR OTHERWISE OF HIS CRIME. FOR ADULT-LIKE HEINOUS CRIMES BY SO-CALLED JUVENILES, THEY OUGHT TO BE TRIED AND EXEMPLARILY PUNISHED LIKE ANY ADULT, FOR THE RIGHT MESSAGE TO GO TO THE SOCIETY. I AM AFRAID THAT ANY MISPLACED AND STRICTLY LEGAL SYMPATHY ANYWHERE, FOR A DEVILISH JUVENILE CRIMINAL, LIKE IN CASE OF DELHI GANG RAPE, MAY PERHAPS LEAD TO A SITUATION OF ENRAGED PUBLIC TAKING THE LAW INTO ITS OWN HANDS AND METING OUT “INSTANT JUSTICE” TO THE JUVENILE. THAT WOULD REALLY BE A BLACK DAY FOR ALL OF US.

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    1. So well worded and meaningful a comment adding relevant background as a feedback sumptuously rich amply provoking the necessary thought process. My sincere thanks. Although, as you know, I don’t offer any reply to the comments of those followers who are otherwise so close to my chest, some of them, like this one, have so much of a substance that I just can’t resist the temptation of reacting to them.

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  3. Sir It is very much embarrassing that a unwarranted discussions are there on the age of a hard core criminal reported to be a minor on technical ground. Can a real minor commit such a heinous crime? It is the same country where a vibrant army chief was forced to retire two years before of a super an nutation age despite showing his age as incorporated in high school certificate. You have rightly said in one of your blog that it shall be an incentive and invitation to youngsters to do crime as a profession. Those who are arguing for less punishment to the so called minor are also culprits responsible for tarnishing the social fabric.

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