Monday, 30 September 2013
No clinical trial of untested drugs in absence of mechanism: Supreme Court
Friday, 27 September 2013
"our government has done is wrong " :Rahul Gandhi.
Views : A great opening to Rahul Gandhi into the political war field. He should be grateful to ordinance makers...!
Congress Vice president Rahul Gandhi said, "the ordinance should be "torn up and thrown away". . PTI Photo
- Rahul Gandhi denounces controversial ordinance
- 15:51 HRS IST
- New Delhi: In a major embarrassment to the UPA government, Rahul Gandhi today denounced the controversial ordinance to negate the Supreme Court verdict on convicted lawmakers as "complete nonsense" and said what "our government has done is wrong". Making a surprise brief appearance at a meet-the-press programme of his party''''s general secretary Ajay Maken at the Press Club here, he said the ordinance should be "torn up and thrown away". .
•Voters have right to reject all candidates in polls: SC
- Views : This verdict makes huge impact on our election process. The voters right to reject candidates is really appreciable. The political party will relook their selection criteria of candidates . The doubtful political image will harm their winning opportunity. The criminal background of the candidates will become a liability to every political party. Anyway ,it will improve the quality of the democracy . One of the best judgement of the supreme court.
A bench headed by Chief Justice P Sathasivam said that negative voting would foster vibrancy of elections
- Voters have right to reject all candidates in polls: SC
- 12:50 HRS IST
- New Delhi: In a landmark verdict, the Supreme Court today held that citizens have right to cast negative vote rejecting all candidates contesting polls, a decision which would encourage people not satisfied with contestants to turn up for voting. The apex court directed the Election Commission to provide 'none of the above options' at the end of the list of candidates in electronic voting machines (EVMs) and ballot papers to allow voters to reject those contesting polls.
Thursday, 26 September 2013
FIR against Ram Leela Film
Views : Law suit makes the film more popular . That is the final out come. Nothing more
•Prez calls ministers for consultation on ordinance issue
Views : The ordinance is against the public sentiments and Judicial opinion. A big ethical challenge to President. Political obligation or national interest -which comes first? A big debate is coming.
- Prez calls ministers for consultation on ordinance issue
19:14 HRS IST
New Delhi, Sept 26 (PTI) With major political parties questioning the controversial ordinance on negating the Supreme Court verdict on lawmakers, President Pranab Mukherjee has called Home Minister Sushilkumar Shinde and Law Minister Kapil Sibal for consultations on the issue.
The call to the two ministers came after a BJP delegation led by L K Advani met the President and asked him to reject the ordinance or refer it back to the government for reconsideration as it is unconstitutional.
The call to the two ministers came after a BJP delegation led by L K Advani met the President and asked him to reject the ordinance or refer it back to the government for reconsideration as it is unconstitutional.
Deora opposes govt ordinance on convicted MPs
Deora opposes govt ordinance on convicted MPs
Views : Real Criminals has no place in Democracy. They should be eliminated. However, the procedure should be fair with natural justice.
Views : Real Criminals has no place in Democracy. They should be eliminated. However, the procedure should be fair with natural justice.
‘Missing’ Mumbai gangrape accused ‘traced’
‘Missing’ Mumbai gangrape accused ‘traced’
Views : where is the missing element ? It should be probed.
Views : where is the missing element ? It should be probed.
Tax accounts of SRK, Sachin, Dhoni hacked
Tax accounts of SRK, Sachin, Dhoni hacked
Views : Illegal Hackers to be punished under IT act. Illegal Hacking is a common problem nowadays.
Views : Illegal Hackers to be punished under IT act. Illegal Hacking is a common problem nowadays.
Indian Law :News and Views: Muslim Personal Law can't override criminal law: C...
Indian Law :News and Views: Muslim Personal Law can't override criminal law: C...: Views : The Observation of the court is fully right. However, the criminal law should be modified timely. 100 years old law may not match p...
Muslim Personal Law can't override criminal law: Court
Views : The Observation of the court is fully right. However, the criminal law should be modified timely. 100 years old law may not match present time .
Muslim Personal Law can't override criminal law: Court
New Delhi: Holding that Muslim Personal Law cannot "override" criminal law, a Delhi court has rejected the bail plea of a Muslim man, accused of kidnapping and raping his 17-year-old lover belonging to the same community.
The court said that the law of the land should be applied uniformly on all and constitutional concept of equality before law cannot be diluted by one set of legislation for Muslims and a different one for non-Muslims.
"Merely because both the girl and the accused happen to be from the same religion i.E. Muhammadan whose Personal Law provides for a different age of marriage than the one provided under the statutory law of the land, does not mean any special indulgence is required to be given to the accused in so far as criminal law of this land is concerned," Additional Sessions Judge Kamini Lau said.
Under the Muslim Personal Law, a girl can marry as per her choice if she has attained puberty.
"I may observe that India is governed by secular concepts provided under the Constitution and Sharia cannot override the same. The Muslim Personal Law only applies to cases relating to marriage, divorce and personal relations but has no applicability in case of a criminal liability," the judge said.
The court's observation came while dismissing the bail plea of a man, accused in a kidnapping and rape case of a 17-year-old girl.
The accused told the court that the girl was in love with him and they wanted to marry but this was not acceptable to her parents and she went to Jaipur with him of her own will. He admitted that they had developed physical relations there and thereafter the girl had returned to her home.
He also said that the girl had given her statement against him under her parents' pressure but now both the families are ready to solemnize their marriage and the dispute has been resolved between them. He was arrested under provisions of the IPC dealing with kidnapping and the Protection Of Children from Sexual Offences (POCSO) Act dealing with sexual assault.
PTI
The court said that the law of the land should be applied uniformly on all and constitutional concept of equality before law cannot be diluted by one set of legislation for Muslims and a different one for non-Muslims.
Under the Muslim Personal Law, a girl can marry as per her choice if she has attained puberty.
"I may observe that India is governed by secular concepts provided under the Constitution and Sharia cannot override the same. The Muslim Personal Law only applies to cases relating to marriage, divorce and personal relations but has no applicability in case of a criminal liability," the judge said.
The court's observation came while dismissing the bail plea of a man, accused in a kidnapping and rape case of a 17-year-old girl.
The accused told the court that the girl was in love with him and they wanted to marry but this was not acceptable to her parents and she went to Jaipur with him of her own will. He admitted that they had developed physical relations there and thereafter the girl had returned to her home.
He also said that the girl had given her statement against him under her parents' pressure but now both the families are ready to solemnize their marriage and the dispute has been resolved between them. He was arrested under provisions of the IPC dealing with kidnapping and the Protection Of Children from Sexual Offences (POCSO) Act dealing with sexual assault.
PTI
First Published: Wednesday, September 25, 2013, 17:05
Views : A shameful news from jail
Mumbai photojournalist gang-rape case: One accused goes missing
TNN | Sep 26, 2013, 04.05 PM IST
Accused Siraj Rehman was last known to have been in Thane jail.
MUMBAI: Siraj Rahman Khan, an accused in the gang rape of a photojournalist at Shakti Mills in Mumbai, is untraceable, prosecutor Ujjwal Nikam told a local court on Thursday.
Accused Siraj Rehman was last known to have been in Thane jail, TV channels reported.
Thane jail authorities informed crime branch officials on Thursday that accused Siraj Rehman was in their custody.
A few days back, Afzal Usmani, an Indian Mujahideen operative accused in the 2008 Ahmedabad bombings, escaped from a special MCOCA court when he was brought there for framing of charges.
Accused Siraj Rehman was last known to have been in Thane jail, TV channels reported.
Thane jail authorities informed crime branch officials on Thursday that accused Siraj Rehman was in their custody.
A few days back, Afzal Usmani, an Indian Mujahideen operative accused in the 2008 Ahmedabad bombings, escaped from a special MCOCA court when he was brought there for framing of charges.
China court jails general's son for decade over gangrape
China court jails general's son for decade over gangrape
Views : Punishment for gangrape in China -10 years Imprisonment
In India -It is now modified to minimum 20 years.
A comparative study may be helpful for preventing the gangrape
Views : Punishment for gangrape in China -10 years Imprisonment
In India -It is now modified to minimum 20 years.
A comparative study may be helpful for preventing the gangrape
US court issues summons against Manmohan Singh
Views : When Sonia Gandhi visited US for treatment , she got one US court Summons. Now , the turn of Prime Minister Manmohan Singh. It is not a good a right time to serve summons ,whatever the good intention it has.
US court issues summons against Manmohan Singh
US court issues summons against Manmohan Singh (© Reuters) Reuters
Washington: As Prime Minister Manmohan Singh arrives here on a four-day visit, a Sikh rights group has secured summons against him from a US court in connection with the alleged human rights violations in the counter-insurgency operations in Punjab in the 1990s. The Sikh for Justice (SFJ), the New York-based rights body, is now planning to file an urgent leave “to effect alternative means of service” that would allow it to deliver the summons to the White House staff and members of Singh’s security team when he is here. Prime Minister Singh arrives here today for a meeting with President Barack Obama. Knowledgeable sources said it would be very tough for the SFJ to serve summons to Singh given the tight security around him. There are also procedural difficulties for the SFJ to get the necessary court directions issued for the White House and the Secret Service. Ravi Batra, the New York-based attorney who represents the Congress Party in a similar case filed against it by the SFJ, termed it as a publicity gimmicks. “SFJ’s ‘red carpet’ welcome, a lawsuit against Prime Minister Manmohan Singh, the leader of a free, independent and sovereign nation, is headline grabbing while insulting law, decency and common sense,” Batra told PTI. “American courts have tools to handle an out-of-control litigant, whose main goal is to use the court’s ministerial act of accepting a complaint, with the $350 filing fee paid and then automatically issuing a summons, to falsely imply in pre-made press releases that a Court had acted on some merits – when it did no such thing,” Batra said. The 24-page complaint alleges that Singh as the Finance Minister in early 1990s approved and financed the practice of “cash rewards” to members of security forces for allegedly killing Sikhs through extra judicial means to curb militancy. The complaint also alleges that during his tenure as the Prime Minister beginning 2004, Singh actively shielded and protected the members of his political party who were allegedly involved in 1984 anti-Sikh riots. Sikh groups have announced to hold a “Justice Rally” tomorrow in front of White House during Obama-Singh meeting. Justifying the filing of lawsuit, SFJ’s legal advisor Gurpatwant Singh Pannun said the human rights violation law suit against Singh has been filed under Alien Tort Claims Act and Torture Victim Protection Act for funding several counter insurgency operations in Punjab. .
Wednesday, 25 September 2013
Army officer killed in Jammu terror attack (© Reuters)
New California law lets teens erase online history
ATM cash van driver flees with Rs.49 lakh .....!!
Social media largest 'ungoverned space' on earth: I&B Minister.....!?
Views : Please be informed about IT Act . The provisions of IT act is more hard than IPC provisions.
Example : Using abusive words directly to anybody - Punishment as per IPC maximum is 3 months imprisonment. By using phone -Punishment as per IT act maximum is 3 years imprisonment.
People including ladies are beings arrested related to the facebook comments. IT Act 66A is enough to prosecute anybody.
Example : Using abusive words directly to anybody - Punishment as per IPC maximum is 3 months imprisonment. By using phone -Punishment as per IT act maximum is 3 years imprisonment.
People including ladies are beings arrested related to the facebook comments. IT Act 66A is enough to prosecute anybody.
Social media largest 'ungoverned space' on earth: I&B Minister
Shillong: Union Information and Broadcasting Minister Manish Tewari on Tuesday said social media represents the largest "ungoverned space on planet earth" and this needs some institutionalised rules for their regulation.
"Never before in the history of mankind has there been so much power in the hands of so many people and located at so many places. There is more digital content churned out every two days than from the beginning of civilisation till the 2003," Tewari said.
"But how do you deal with the inflow of information? that could have serious and far reaching implications that could upset social conditions and long term hidden and invisible impact which could fracture social relations," he asked.
"There are 8 crore people on Facebook, 1.7 crore on Twitter and on other social media platforms and each of them has certain sets of followers and likes and dislikes and you can put out anything without restrains," he said, addressing at a function to mark the 69th Anniversary of a local English daily.
"The virtual civilisation consolidating itself more with time, the entire nature of the states and counter states, the nature of insurgency, terrorism response...Will completely transform itself in front of us completely," Tewari said, adding that nations and states will have to adapt themselves.
The Union Information and Broadcasting Minister said the only way for the government is to have institutionalised rules in the social media space. At the same time, he said, regulating the new media is neither desirable nor possible.
The minister said there is a need to have common rules of engagement among countries in a democratic virtual space to prevent any cataclysmic impact it could have on the physical world.
PTI
"Never before in the history of mankind has there been so much power in the hands of so many people and located at so many places. There is more digital content churned out every two days than from the beginning of civilisation till the 2003," Tewari said.
"But how do you deal with the inflow of information? that could have serious and far reaching implications that could upset social conditions and long term hidden and invisible impact which could fracture social relations," he asked.
"The virtual civilisation consolidating itself more with time, the entire nature of the states and counter states, the nature of insurgency, terrorism response...Will completely transform itself in front of us completely," Tewari said, adding that nations and states will have to adapt themselves.
The Union Information and Broadcasting Minister said the only way for the government is to have institutionalised rules in the social media space. At the same time, he said, regulating the new media is neither desirable nor possible.
The minister said there is a need to have common rules of engagement among countries in a democratic virtual space to prevent any cataclysmic impact it could have on the physical world.
PTI
Coming Soon : Anti-Riot Bill
Views : Preventing the Riot by law ? Wonderful idea. Riot is a worst social evil. Its cause is uprooted in our society. Law alone can do nothing. Some different kind of social control mechanism is also needed.
- Centre would try to build consensus on Anti-Riot Bill: Khan
13:27 HRS IST
Muzaffarnagar, Sep 25 (PTI) Against the backdrop of riots here, Minorities Affairs Minister K Rahman Khan today said the Centre would try to build consensus among political parties to get the Anti-riot Bill passed in Parliament.
"The government would try to build a consensus among political parties on the Bill. The government wants to pass the Bill (in Parliament) with the consent of political parties," Khan told reporters here.
"The government would try to build a consensus among political parties on the Bill. The government wants to pass the Bill (in Parliament) with the consent of political parties," Khan told reporters here.
Godmen with an ungodly image
Godmen with an ungodly image
Views : Lot of Godmen are being arrested for unlawful activities. Every saint has a pre- history.
People are in hurry to solve their problems easily. who is real ? who is fraud? Nobody knows.
Money and Honey are the great weakness to these Godmen . Govt.and Investigating officers should keep an eye over them and do background checking.
Views : Lot of Godmen are being arrested for unlawful activities. Every saint has a pre- history.
People are in hurry to solve their problems easily. who is real ? who is fraud? Nobody knows.
Money and Honey are the great weakness to these Godmen . Govt.and Investigating officers should keep an eye over them and do background checking.
Tuesday, 24 September 2013
Union Cabinet approves Ordinance to protect convicted MPs and MLAs from facing immediate disqualification: Sources-PTI News
Views : Immediate disqualification is justified if the conviction is 100 % error free.
Monday, 23 September 2013
Don't give Aadhar card to illegal immigrants: SC
Views : One of the ambitious project heading towards nowhere..! A good project .However, implementation needs to be improved.
New Delhi: Even as the government maintained that possessing an Aadhar card was optional, the Supreme Court on Monday asked it not to issue the cards to illegal immigrants and not set them as a pre-condition for availing welfare schemes. Alleging political gains to the ruling party in the issuance of Aadhar card, senior counsel Anil Divan told the apex court bench of Justice B.S. Chauhan and Justice S.A. Bobde that indiscriminate issuance of Aadhar numbers to all residents, including illegal migrants, created a serious threat to national security. Divan appeared for petitioner and former judge of Karnataka High Court K.S. Puttaswamy and was assisted by advocate Ankit Goel. Taking on the government's claim that taking Aadhar card was a voluntary choice, Divan said that linking the Aadhar number to getting benefits of social welfare schemes under the food security bill, cooking gas subsidy, Employees Provident Fund and direct benefit transfer under social welfare schemes made it mandatory in nature. Resisting the plea for interim directions by the petitioner, Solicitor General Mohan Parasaran told the court that Aadhar card was purely voluntary and there was no need for interim directions. Divan told the court that the individuals obtaining Aadhar number were required to give personal information that included biometrics, iris and fingerprints, which infringed the fundamental right to privacy under Article 21 of the constitution. The senior counsel told the court that there was no legislative backing for obtaining personal information and the proposed legislation that government had introduced was rejected by the parliamentary standing committee on finance. The court was told that there were no safeguard to protect the personal information of the citizens and there was no provision for penalties if the same comes to public domain. The provision for collecting and retaining the biometric data had been held to be impermissible in by the top courts in Britain and France, the court was told. The court was told that linking the flow of the benefits of several welfare schemes, including salaries to the teachers, had resulted in the denial of the same to the people who were otherwise entitled to it. . Related Content. Delhi gang rape verdict: Confirmation might take a year Reject papers if assets, criminal past not disclosed: SC Muzaffarnagar riots: SC issues notice to centre, UP SC declines to take take note of Muzaffarnagar riots Coalgate: Centre, CBI heading for collision in Supreme Court on sanction issue
Abolish collegium system for appointment of judges: Bar Council
Indian Law :News and Views: Jagan Reddy gets bail after 16 months in jail
Indian Law :News and Views: Jagan Reddy gets bail after 16 months in jail: Views : Tax payers money lost for 16 months . Jagan Reddy gets bail after 16 months in jail
Sunday, 22 September 2013
Saturday, 21 September 2013
Every criminal left an evidence to be trapped...!
Indian American arrested for plotting husband’s murder
Views :Crime leads Sorrow and Agony. Every criminal left an evidence to be trapped.
New York: An Indian American woman in Texas has been arrested on charges of plotting to kill her husband.
According to an affidavit filed Monday in Travis County District Court in Austin, Texas, Reena Ratilal Patel, 34, was arrested for trying to hire people to kill her husband, Texas media reported.
Patel, who lives in the Steiner Ranch neighbourhood in Austin, drove to an apartment complex in Rutland Drive in north Austin last week where she asked several people about hiring a person to “take care of” her husband.
A witness called the police around 2 pm September 4 to report that a woman, identified as Patel, came to her and said her husband had beaten her and she needed that he be “taken care of”, reported Kvue News.
Another witness told police that she asked Patel: “Wait, do you mean beat him up?”
“No, permanently,” Patel reportedly responded.
Patel also walked over to a group of teenagers and asked them the same thing. She allegedly offered them $4,000 to kill her husband and told them to hurry since her children would be home from school at 3.30 p.m., the Kvue News reported citing witnesses.
When police arrived at the spot and intercepted her, Patel told them that she got lost on her way to a friend’s house and had stopped to ask for directions.
She also told the police that she was a dentist and has a loving relationship with her husband and denied any history of violence.
Police then went to Patel’s house to talk to her husband, identified as Brij Patel. He told the officers that his wife had sent him a message saying she had two more patients to see at work and he would have to pick up the kids from school.
She also sent him a text message telling him to inform her when he left, the Kvue News report said.
When police contacted the Texas Board of Dental Examiners, they said Reena Patel has never applied or been granted a licence to practice dentistry in Texas.
Patel’s husband also told police that he had recently taken out a $2 million life insurance policy, something his wife had full knowledge of.
Patel has been held on a $1 million bond and a protective order has been placed on her husband and children.
She has also been ordered to stay away from the family’s home and her husband, the report said.
IANS
According to an affidavit filed Monday in Travis County District Court in Austin, Texas, Reena Ratilal Patel, 34, was arrested for trying to hire people to kill her husband, Texas media reported.
Patel, who lives in the Steiner Ranch neighbourhood in Austin, drove to an apartment complex in Rutland Drive in north Austin last week where she asked several people about hiring a person to “take care of” her husband.
A witness called the police around 2 pm September 4 to report that a woman, identified as Patel, came to her and said her husband had beaten her and she needed that he be “taken care of”, reported Kvue News.
Another witness told police that she asked Patel: “Wait, do you mean beat him up?”
“No, permanently,” Patel reportedly responded.
Patel also walked over to a group of teenagers and asked them the same thing. She allegedly offered them $4,000 to kill her husband and told them to hurry since her children would be home from school at 3.30 p.m., the Kvue News reported citing witnesses.
When police arrived at the spot and intercepted her, Patel told them that she got lost on her way to a friend’s house and had stopped to ask for directions.
She also told the police that she was a dentist and has a loving relationship with her husband and denied any history of violence.
Police then went to Patel’s house to talk to her husband, identified as Brij Patel. He told the officers that his wife had sent him a message saying she had two more patients to see at work and he would have to pick up the kids from school.
She also sent him a text message telling him to inform her when he left, the Kvue News report said.
When police contacted the Texas Board of Dental Examiners, they said Reena Patel has never applied or been granted a licence to practice dentistry in Texas.
Patel’s husband also told police that he had recently taken out a $2 million life insurance policy, something his wife had full knowledge of.
Patel has been held on a $1 million bond and a protective order has been placed on her husband and children.
She has also been ordered to stay away from the family’s home and her husband, the report said.
IANS
Accept school certificate as age proof: SC
Views : A good decision .Death punishment, marriage ,sex ,rape ,voting ,driving licence-all are connected to age proof.
Accept school certificate as age proof: SC
Adults Crime to Adults Punishment: No Juvenile escape route..
Views : The crime should be treated as case to case . 18 is not a magical number to do something .
The value system is the matter rather than the biological age. In the new technological and biological world , juvenile gets maturity earlier.
Juveniles involved in murder, rape may be tried as adults
Himanshi DhawanHimanshi Dhawan, TNN | Sep 21, 2013, 01.28 AM IST
READ MORE Mumbai Shakti Mills gang rape|juveniles above 16 years|Juveniles|the practice|Nirbhaya case
The Nirbhaya case apart, the Mumbai Shakti Mills gang rape and a recent gang rape in Guwahati have stood out for the involvement of juveniles in the heinous crime.
RELATED
NEW DELHI: After doggedly turning down arguments for having a graded response to crimes by juveniles, depending on the gravity of their crime and the juvenile's age, the government is finally coming around to the view the juveniles above 16 years involved in heinous crimes, like murder or gang rape, should be tried as adults under the Indian Penal Code.
The change in the outlook of the women and child development (WCD) ministry has happened after a series of consultations with experts and after looking at the practice in developed societies. Now the WCD ministry has firmed up its view that juveniles in the age bracket of 16 to 18 years committing heinous crimes should not have the protection of the Juvenile Justice (JJ) Act.
Explaining the change in the WCD ministry's view, an official source said, "There is an increasing trend of offenders arrested for crimes like gang-rape and murder seeking lower punishments on the plea that they have not yet reached 18 years of age." The Nirbhaya case apart, the Mumbai Shakti Mills gang rape and a recent gang rape in Guwahati have stood out for the involvement of juveniles in the heinous crime.
Several developed countries, including the UK, US and France, adopt a graded response to heinous crimes by juveniles. Around 20 US states allow them to be tried as adults. For instance, in Florida a 13-year-old boy, accused of beating a half-brother to death while sexually abusing another aged five, was charged as an adult in 2012.
In The UK, a person under 17 (the cut-off for juveniles there) can be tried as adult in serious offences like sexual assault, child sex offences and sexual activity withy a child family member. France has a separate Juvenile Assize court to deal with serious offences committed by minors in the 16-18 age bracket.
In India, the juvenile irrespective of the nature of his crime is protected by the JJ Act under which heinous crimes like murder and gang-rape attracts a maximum punishment of a three-year term in a reformatory. In its study, the WCD ministry has also found that the term in reformation homes doesn't necessarily lead to behavioural correction in juveniles.
In July, the Supreme Court had rejected petitions for lowering the age of juvenility from existing 18 years, turning down the demand in the wake of a 17-year-old's involvement in the brutal gang-rape of Nirbhaya. However, the SC recently said that it would examine whether juvenility should be considered on a case to case basis keeping in view the maturity of the offender and the heinousness of the crime.
According to information complied by a leading child rights NGO, HAQ: Centre for Child Rights, the age of criminal responsibility ranges from 6 years in the US to 18 years in Belgium. In Canada, youth aged between 14 to 17 years may be tried as adults under certain conditions. In some US states, heinous cases that meet certain criteria may be transferred to criminal court upon the authorization of the juvenile court judge.
In most American states, the jurisdiction of juvenile courts is automatically waived when a juvenile above a certain age, usually 13 or 15, commits a violent or other serious crime, and the case is automatically transferred to adult court.
The minimum age for criminal responsibility in England and Wales is 10 years. The Crown Court can sentence children between 10 and 18 years for 14 or more years' imprisonment for adult offenders. The young offenders are, however, not placed in prison alongside adults, but can be placed in secure training centres, secure children's homes, or young offenders' institutions.
The change in the outlook of the women and child development (WCD) ministry has happened after a series of consultations with experts and after looking at the practice in developed societies. Now the WCD ministry has firmed up its view that juveniles in the age bracket of 16 to 18 years committing heinous crimes should not have the protection of the Juvenile Justice (JJ) Act.
Explaining the change in the WCD ministry's view, an official source said, "There is an increasing trend of offenders arrested for crimes like gang-rape and murder seeking lower punishments on the plea that they have not yet reached 18 years of age." The Nirbhaya case apart, the Mumbai Shakti Mills gang rape and a recent gang rape in Guwahati have stood out for the involvement of juveniles in the heinous crime.
Several developed countries, including the UK, US and France, adopt a graded response to heinous crimes by juveniles. Around 20 US states allow them to be tried as adults. For instance, in Florida a 13-year-old boy, accused of beating a half-brother to death while sexually abusing another aged five, was charged as an adult in 2012.
In The UK, a person under 17 (the cut-off for juveniles there) can be tried as adult in serious offences like sexual assault, child sex offences and sexual activity withy a child family member. France has a separate Juvenile Assize court to deal with serious offences committed by minors in the 16-18 age bracket.
In India, the juvenile irrespective of the nature of his crime is protected by the JJ Act under which heinous crimes like murder and gang-rape attracts a maximum punishment of a three-year term in a reformatory. In its study, the WCD ministry has also found that the term in reformation homes doesn't necessarily lead to behavioural correction in juveniles.
In July, the Supreme Court had rejected petitions for lowering the age of juvenility from existing 18 years, turning down the demand in the wake of a 17-year-old's involvement in the brutal gang-rape of Nirbhaya. However, the SC recently said that it would examine whether juvenility should be considered on a case to case basis keeping in view the maturity of the offender and the heinousness of the crime.
According to information complied by a leading child rights NGO, HAQ: Centre for Child Rights, the age of criminal responsibility ranges from 6 years in the US to 18 years in Belgium. In Canada, youth aged between 14 to 17 years may be tried as adults under certain conditions. In some US states, heinous cases that meet certain criteria may be transferred to criminal court upon the authorization of the juvenile court judge.
In most American states, the jurisdiction of juvenile courts is automatically waived when a juvenile above a certain age, usually 13 or 15, commits a violent or other serious crime, and the case is automatically transferred to adult court.
The minimum age for criminal responsibility in England and Wales is 10 years. The Crown Court can sentence children between 10 and 18 years for 14 or more years' imprisonment for adult offenders. The young offenders are, however, not placed in prison alongside adults, but can be placed in secure training centres, secure children's homes, or young offenders' institutions.
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