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 .
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 )
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