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11 years ago
Law is based on norms and not exceptions. There are exceptional cases of minors getting involved in very serious crimes. It is not proper to amend law in a way to affect all minors just because a very small majority is matured enough for serious crimes.
Supreme Court does not make law. Hence they did not interfere. It is for parliament to examine the ground reality at present and get views of experts with a view to make any modification in law, if necessary.
Supreme Court does not make law. Hence they did not interfere. It is for parliament to examine the ground reality at present and get views of experts with a view to make any modification in law, if necessary.
G. K. Ajmani Tax consultant
http://gkajmani-mystraythoughts.blogspot.com/
11 years ago
It is absolutely correct to say that it is not the job of any court to frame laws. Here I must highlight another aspect of the problem. I know the decision of the Supreme Court must have been disheartening to many as many were expecting it to lower it to deal with one-off case of a youth who figured notoriously in terms of unimaginable brutality in relation to the Delhi gang-rape victim. Let us remember that judges are not supposed to come under the excessive influence of emotion while deciding on matters. Juveniles are juveniles. All their actions, reactions are based on the kind of society you create for them. In fits of fury you can afford to think that by eliminating them through hanging or otherwise you can rid society of all its vices but is it pragmatic? Even today I come across a report that the wife of the Chief Judicial Magistrate is allegedly murdered by his husband and in-laws!!! How do you respond to this? In what way his conduct is any different from the juvenile rapist?
Thank you said by: Gulshan Kumar Ajmani
11 years ago
We must begin from some point or other to make things right. If we blame every thing on society and never rise to set things right, I am afraid we are only counting on dead chickens.
11 years ago
We must begin from some point or other to make things right. If we blame every thing on society and never rise to set things right, I am afraid we are only counting on dead chick
ens.
First, who are 'we' to set things. Second what are our powers? Action has to come from those quarters which matter in setting things right. In rape case the first administrative action begins at the end of the police - to be more specific - the investigating officer - his understanding of the legal provisions which carry a lot of weight in framing of charge-sheets. By the way, going by Indian experience the courts regularly blast police inefficiency and abysmal standard of professionalism. What do you say on that??
Thank you said by: Kalyani Nandurkar
11 years ago
It is absolutely correct to say that it is not the job of any court to frame laws. Here I must highlight another aspect of the problem. I know the decision of the Supreme Court must have been disheartening to many as many were expecting it to lower it to deal with one-off case of a youth who figured notoriously in terms of unimaginable brutality in relation to the Delhi gang-rape victim. Let us remember that judges are not supposed to come under the excessive influence of emotion while deciding on matters. Juveniles are juveniles. All their actions, reactions are based on the kind of society you create for them. In fits of fury you can afford to think that by eliminating them through hanging or otherwise you can rid society of all its vices but is it pragmatic? Even today I come across a report that the wife of the Chief Judicial Magistrate is allegedly murdered by his husband and in-laws!!! How do you respond to this? In what way his conduct is any different from the juvenile rapist?
Offence by those in responsible position and of advanced age is definitely far more serious manner. A juvenile needs be given opportunity for reform. Moreover exceptions are not basis for change in law. A serious crime by certain minor like rape of Delhi girl is no doubt one that evokes resentment and anger but such stray case should not be cause for change in law.
G. K. Ajmani Tax consultant
http://gkajmani-mystraythoughts.blogspot.com/
11 years ago
It is absolutely correct to say that it is not the job of any court to frame laws. Here I must highlight another aspect of the problem. I know the decision of the Supreme Court must have been disheartening to many as many were expecting it to lower it to deal with one-off case of a youth who figured notoriously in terms of unimaginable brutality in relation to the Delhi gang-rape victim. Let us remember that judges are not supposed to come under the excessive influence of emotion while deciding on matters. Juveniles are juveniles. All their actions, reactions are based on the kind of society you create for them. In fits of fury you can afford to think that by eliminating them through hanging or otherwise you can rid society of all its vices but is it pragmatic? Even today I come across a report that the wife of the Chief Judicial Magistrate is allegedly murdered by his husband and in-laws!!! How do you respond to this? In what way his conduct is any different from the juvenile rapist?
Offence by those in responsible position and of advanced age is definitely far more serious manner. A juvenile needs be given opportunity for reform. Moreover exceptions are not basis for change in law. A serious crime by certain minor like rape of Delhi girl is no doubt one that evokes resentment and anger but such stray case should not be cause for change in law.
Quite true! Leniency in dealing with cases of juvenile offenders is predicated upon the belief that these offenders should have a chance to reform themselves by not being subjected to disabling or death penalties. Even in the Delhi-gang-rape case, it is debatable if the juvenile offender who is alleged to have been more cruel than others, would have indulged in that kind of beastliness, had his more aged accomplices not provided the trigger.
11 years ago
It is absolutely correct to say that it is not the job of any court to frame laws. Here I must highlight another aspect of the problem. I know the decision of the Supreme Court must have been disheartening to many as many were expecting it to lower it to deal with one-off case of a youth who figured notoriously in terms of unimaginable brutality in relation to the Delhi gang-rape victim. Let us remember that judges are not supposed to come under the excessive influence of emotion while deciding on matters. Juveniles are juveniles. All their actions, reactions are based on the kind of society you create for them. In fits of fury you can afford to think that by eliminating them through hanging or otherwise you can rid society of all its vices but is it pragmatic? Even today I come across a report that the wife of the Chief Judicial Magistrate is allegedly murdered by his husband and in-laws!!! How do you respond to this? In what way his conduct is any different from the juvenile rapist?
Offence by those in responsible position and of advanced age is definitely far more serious manner. A juvenile needs be given opportunity for reform. Moreover exceptions are not basis for change in law. A serious crime by certain minor like rape of Delhi girl is no doubt one that evokes resentment and anger but such stray case should not be cause for change in law.
It is right sir that judges should be give their decision on the merits of case. It is also right that juvenile need be given chance to improve. But tell me it is assured that if court excuse juvenile they will improved. It is fact that brain of a child of 15 years are not juvenile.
11 years ago
It is absolutely correct to say that it is not the job of any court to frame laws. Here I must highlight another aspect of the problem. I know the decision of the Supreme Court must have been disheartening to many as many were expecting it to lower it to deal with one-off case of a youth who figured notoriously in terms of unimaginable brutality in relation to the Delhi gang-rape victim. Let us remember that judges are not supposed to come under the excessive influence of emotion while deciding on matters. Juveniles are juveniles. All their actions, reactions are based on the kind of society you create for them. In fits of fury you can afford to think that by eliminating them through hanging or otherwise you can rid society of all its vices but is it pragmatic? Even today I come across a report that the wife of the Chief Judicial Magistrate is allegedly murdered by his husband and in-laws!!! How do you respond to this? In what way his conduct is any different from the juvenile rapist?
Offence by those in responsible position and of advanced age is definitely far more serious manner. A juvenile needs be given opportunity for reform. Moreover exceptions are not basis for change in law. A serious crime by certain minor like rape of Delhi girl is no doubt one that evokes resentment and anger but such stray case should not be cause for change in law.
Quite true! Leniency in dealing with cases of juvenile offenders is predicated upon the belief that these offenders should have a chance to reform themselves by not being subjected to disabling or death penalties. Even in the Delhi-gang-rape case, it is debatable if the juvenile offender who is alleged to have been more cruel than others, would have indulged in that kind of beastliness, had his more aged accomplices not provided the trigger.
This point is indeed noteworthy, but then there is something called as being conscientious which is a quality found in many including teens. Even if the trigger was provided by the aged accomplices, would a juvenile who was self-conscientious indulge in such heinous acts? Would not that inner voice inside his mind and head stop him from taking part in what was going on?
"I am free of all prejudice. I hate everyone equally."
- W. C. Fields :)
11 years ago
It is absolutely correct to say that it is not the job of any court to frame laws. Here I must highlight another aspect of the problem. I know the decision of the Supreme Court must have been disheartening to many as many were expecting it to lower it to deal with one-off case of a youth who figured notoriously in terms of unimaginable brutality in relation to the Delhi gang-rape victim. Let us remember that judges are not supposed to come under the excessive influence of emotion while deciding on matters. Juveniles are juveniles. All their actions, reactions are based on the kind of society you create for them. In fits of fury you can afford to think that by eliminating them through hanging or otherwise you can rid society of all its vices but is it pragmatic? Even today I come across a report that the wife of the Chief Judicial Magistrate is allegedly murdered by his husband and in-laws!!! How do you respond to this? In what way his conduct is any different from the juvenile rapist?
Offence by those in responsible position and of advanced age is definitely far more serious manner. A juvenile needs be given opportunity for reform. Moreover exceptions are not basis for change in law. A serious crime by certain minor like rape of Delhi girl is no doubt one that evokes resentment and anger but such stray case should not be cause for change in law.
Quite true! Leniency in dealing with cases of juvenile offenders is predicated upon the belief that these offenders should have a chance to reform themselves by not being subjected to disabling or death penalties. Even in the Delhi-gang-rape case, it is debatable if the juvenile offender who is alleged to have been more cruel than others, would have indulged in that kind of beastliness, had his more aged accomplices not provided the trigger.
This point is indeed noteworthy, but then there is something called as being conscientious which is a quality found in many including teens. Even if the trigger was provided by the aged accomplices, would a juvenile who was self-conscientious indulge in such heinous acts? Would not that inner voice inside his mind and head stop him from taking part in what was going on?
The juvenile is not considered innocent and he is also tried and punished. But he is not treated at par with adults and is instead tried by juvenile court.
G. K. Ajmani Tax consultant
http://gkajmani-mystraythoughts.blogspot.com/
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