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Tuesday, July 15, 2014

Jul 15 2014 : The Times of India (Delhi)
Grave crisis:158% rise in rapes by juveniles
New Delhi:


Cops Say Hardened Delinquents Mock Law
Woman and child development minister Maneka Gandhi's resolve to change the law and treat juveniles as adults in heinous crimes has come amidst the release of some disturbing figures by NCRB (National Crime Records Bureau). The involvement of juveniles in cases of rape in the capital shot up by 158% in 2013 (163 cases) as against 2012 (63). And there was a 30% increase in overall crimes committed by juveniles during the same period.
One hundred and sixty three juveniles were apprehended on rape charges and 76 in murder cases last year.That the law is not proving to be a deterrent is quite evident. The involvement of juveniles in the trademark crime of burglary and snatching also went up. There were 928 cases in 2013 as against 523 the year before. Going by these statistics, the concern expressed by the minister is quite valid.
In fact, since the Nirbhaya case, Delhi Police has been demanding that the juvenile age limit be brought down to 16.
“Recently , three boys--aged nine, 12 and 14 --took a seven-year-old girl to a park on the pretext of plucking mangoes and took turns to rape and sodomize her in west Delhi's Paschim Vihar. Also, a juvenile servant masterminded arobbery and murder of a war hero in Patel Nagar in early June. However, the punishment for them will be negligible. Most of the juveniles we catch are aware that being underage grants them a special status,” said a senior cop.
Police say they are helpless in tackling crimes committed by minors, especially in the borderline age-group. Police officers recall the case of Sonu, who burgled and set houses on fire. He would openly threaten them, saying he would be out in a month as he was 16 and teach the cops a lesson. The special task force of south district had nabbed a criminal who roamed around with a fake age certificate and claimed to be a minor whenever he was caught.
In the past three years, juveniles have been found involved in rapes, gruesome
murders of elderly and robberies. A gang of five minors who had dramatically escaped from a city juvenile home last year on October 5 amid rioting and arson had murdered a jeweller's wife in Mayur Vihar a month later and fled with 50kg of silver jewellery and Rs 10 lakh in cash from the house. A juvenile who was just 10 days short of being a major was among them.About a dozen break-outs from correctional homes were reported in the past two years.
However, police stood by as mute spectators while juveniles vandalized the homes as they weren't allowed to go in. Times View This newspaper has consistently argued for making the definition of who is a juvenile flexible based on the nature of the crime. This is by no means a novel idea. Many countries follow such a principle of not making the distinction between adults and juveniles absolute. This is necessary because at stake here are not just the human rights of the accused but also the rights of those whom they have victimized. In many parts of the world, a balance is achieved by calibrating the age below which a person is considered juvenile to the nature of the crime. For heinous crimes like murder or rape, the age limits are lower.
Given how often juveniles in India are involved in such violent crimes, we need a similar approach to the law.