Monday, 21 December 2015

Juvenile Justice

Hridaya – Nest of Family Harmony

Hridaya offers rehabilitation & extends support for education to Juvenile in Nirbhaya Case

Now the air has been cleared by SC verdict not to stall the release of juvenile , Hridaya believes that the Juvenile deserves a second chance to rehabilitate . The case in hand got extreme views from scores of society demanding capital punishment / juvenile to be treated as an adult and penalized accordingly.

However this is not one of case where a juvenile has committed a crime , as per  Juvenile Justice (Care and Protection of Children) Act 2000 (amended in 2006). Under this act and provisions of the Criminal Code Procedure children are  given a differential treatment for the purpose of socio-legal rehabilitation and reformation not punishment. For the same very reason the Juvenile in the case in hand has been send to a reformatory for 3 years.

The hype in the said case has created extreme hatred towards the boy and stirred sentiments are pushing the debate for lowering the age bar for a juvenile from 18 to 16 , Whether it’s a heinous crime or not the adolescent lured to crime are largely observed, belonging to social backard or lower class strata , which lacks basic amenities of shelter food &  education. ILO Study also has highlighted in various occasions about deteriorating state of youth turned to child labor. These child laborer are marginalized under extreme work environment & are forced to crime to make ends meet.

The amendment in juvenile bill has been cleared by lok sabha & awaiting clearance from upper house . If the common understanding is Juvenile above age group have matured enough to distinguish between a crime & a noble act. Then the voting rights & marriageable age too should be brought down to 16. If not then the Juvenile Justice amendment bill deserves to be scrapped prima facie.

The punitive aspect of law & harsh punishment had never been deterrent in reduction of crime , the same is visible in the reporting of various crime against women post Nirbahaya incident. The need is to create an environment of opportunity where young minds are ignited for prosperity of state not gullied by crime.

Moreover treating juvenile same as dreaded criminals will itself defeat the purpose of reformation & rehabilitation of juveniles. Under the proximity of  criminals in all possibilities the youngsters might face physical & sexual abuse, as well as unduly get exposed to criminal master mind closing all ways of their restoration in main frame of society.

The custodian of young adolescent National Commission of Women & Delhi commission of women are pioneering the demand of lowering the age group for the Juveniles , lead by women & Child welfare ministry. The same ministry is also responsible for Child Welfare as well , which has been skewd towards welfare of girl child alone . WCD has conveniently ignored that it owes a responsibility towards male child as well.

Hridaya also demands separation of women ministry from child as well , Since the conflict of interest in WCD ministry skews its prerogative towards women, the girl child gets all the focus and attention where male child are facing deprivation of resources & are forced to take up crime The need of hour is not “Beti Bachao beti padhao” but “ Bachoo ko padhao Bachoo ko bachao” .

The Constitution of India warrantees a criminal act can not be penalized twice under section 20. Since the law provision for reformation & bringing back the people who have completed their tenure of punishment in main stream, with this spirit of law, Hirdaya extends to support the rehabilitation of the Juvenile.

We look forward to extend educational support to juvenile for next 5 years, considering his interest in various stream of education we wish he could gain a degree in law & help men in distress. We are writing a letter to the chairman of Juvenile Justice board with this reference.

The members of NGO have also created online petition to refrain from       making any further changes in juvenile law. The petition has been signed by 100s of people. The petition pleads to PMO to take a pragmatic stand & address the issues of male child & and bias treatment to wards male child in government schemes .  

Online Petition

Hridaya is an NGO that works under the umbrella of Save Indian Family which is a registered, non-funded, non-profit, Non-Government Organization (NGO) headquartered at Kolkatta, which engages itself primarily in: Mens Right & Family Welfare 

Shri D. S. Rao( President )
Email: -

Wednesday, 16 December 2015

Juvinile Criminal

Juvinile Criminal

TRP hungry media are fiercely debating felony of juvenile  convict, Feature story of victim , the flashback of incident followed by fortnight of aggressive media campaign , nationwide debate , #hangtherapist campaign followed the suit, An undeclared maratho to prove oneself a bigger well wisher of women than others. A fast track court convicted 6 of the accused guilty & sentenced them to be hanged however one of the accused had fate with a difference. Age was on his side & being a  juvenile he could not be penalized the way as his accomplice.  

A mother  emerges crying in every media channel that the sole survivor from the ultimate abode(to be hanged till death) should be destined for the inevitable. Popular belief is in sync with this stand along with media & politicians. Country which nurtures  1.25 billion population is intolerant towards all such heinous crimes.

Will anybody miss this Juvinile if not hanged , infact BJP’s Hemamalini raised questions on the liberating this juvenile after completion of his termed sentence of 3 years.  In such an explosive environment when everybody is flowing with tide  just a provocation came …why nobody wanted to know how a juvenile became a Criminal?

The aftermath of incident was a fortnight of agitation with influx of 1000 cr perks for women safety & empowerment , stringent draconian law not on rationale but to appease popular sentiment. This was followed by perks of 1000cr on incremental basis each year. Women & Child welfare Ministry set as custodian of 3000 cr of nations hard earned money and rightfully so to empower women.

Every thing seems to be politically correct herewith alas  its “ Womens “ & “child” welfare ministry.
To dig a little deep Child means both male & female child . however  the even the slightest  intent for up liftment of male child isn’t distinguishable. Year 2007 the same ministry did a survey of the sexual abuse of male child & deduced that male child sexual abuse was 15% higher than female child sexual abuse .  Considering all these male child as juvenile no corrective action was initiated post the survey for protection of male child.  All  concerns  and popular sentiments remained skewed. A complete failure to visualize the outcome of ignorance was a victim of sexual abuse either went into shell or became a rebellion.,,

The stress of women empowerment & upliftment was such that the basic amenity of “education “ a privilege meant for once & all took biased turn . “ Beti bachao beti padhao” took top seat. Education could make or break an inception of bright citizen however it became privilege of fairer sex alone..

International labour organisation reports our proud nation to be the worlds biggest hub of male child labour. Where 60% of the male child are hand to mouth & fighting for survival , its expected a juvenile to  emerge as a bright citizen ..

If stringent law could culminate crime no nation would resort to tolerant laws. The classified report suggest Nirbhaya funds would be used to create a safer environment for women . the action plan is to create one stop help centers for women, CCTV cameras & infrastructure , policing , women only  coaches , more women centric laws ..any prudent mind could deduce the responses as reactive rather proactive  .  A different perspective could have been to facilitate the ignored & deprived male child  to be empowered  , educated  &  given an opportunity to evolve as a better citizen.

Now where are we heading …a conclusion to give away ignorance of male child , for a better society however this isn’t politically correct.  A surviving male child will live to serve but that’s not all what we want . We pay for the choices we make , still we blame the budding youth who are lured to crime. What suits us is to call him a juvenile criminal …..