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Thursday, January 10, 2013
Gender-sensitivity project for cops brings change in Karnataka
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HC poser to govt: Why no death for minors?
HC poser to govt: Why no death for minors?
Source: DNA
Source: DNA
HC poser to govt: Why no death for minors?
|
DNA Correspondent l New Delhi
|
The Delhi High Court on Wednesday asked the Centre to respond to a
petition seeking annulment of certain provisions in the juvenile law,
including those that spare minor convicts from life imprisonment and
death penalty.
“Issue notice to respondents (the Union ministries of parliamentary affairs and law and justice). Put up for hearing on February 14,” a bench of Chief Justices D Murugesan and VK Jain said. Additional solicitor general Rajeev Mehra appearing for the Centre said, “So far as the Juvenile Justice (Care and Protection) Act is concerned, I will have to take instructions and so far as the other prayer (seeking harsher punishment for rape) is concerned, a committee has already been constituted to look into it.” The counsel for Shweta Kapoor, a Supreme Court lawyer who filed the PIL, said various provisions of the Act, including section 16, require to be held as ultra-vires as it prohibits a juvenile above the age of 16 years from being awarded life imprisonment and death penalty. The petition also highlights the alleged contradiction in various provisions of the Act which allows a juvenile convict to go out of a special home after attaining majority.The Act provides that delinquents, above 16 years, shall be kept in special homes away from other minors and the period of detention would be of three years, while another provision says that a juvenile can only be kept in the special home till he attains 18 years of age. |
Published Date: Jan 10, 2013
Lecture Series at K C Law College - Report of Justice Joshi's lecture
Source: Times of India dated 10.01.2013
Bombay HC judge to youth: Only you are to blame for
your actions
By
Rosy Sequeira, TNN | Jan 10, 2013, 12.30 AM IST
MUMBAI:
Nobody is responsible for your actions except yourself, said a sitting judge of
the Bombay high court on Wednesday. He was delivering a lecture to students of
K C Law College on the topic 'Rise of Crime by Youth' on Wednesday. The college
chose the topic as one of the accused in the Delhi gang rape is a minor.
Justice A R Joshi's observations came after a student said Bollywood was responsible for corrupting the youth. "But you attend first day, first show,'' riposted the judge. "Don't blame Bollywood or somebody else.''
The judge said while Bollywood may be a contributory aspect, putting off televisions and not going to the movies will not cure the malaise.
He said Bollywood depicts lavish lifestyle, cars and bungalows. "Few films depict the reality of life.''
Justice Joshi said it all boils down to maturity of mind, "A person with a feeble mind would wonder, 'If everybody is getting that, then why not I?' This desire leads him to such types of situations.'' He said a change in the social system is probably the main cause for the youth taking to crime.
When students said internet was also to blame for the rise in crime, Justice Joshi said, "Everything on the internet is not bad. There are so many other things that can be seen on internet.'' He repeatedly stressed that proper upbringing of a child is important. "Home is the first school. Earlier everybody had grandparents at home. Now even father and mother are not at home.''
Justice Joshi said death penalty for rapists may not be a deterrent as a determined offender may destroy evidence, especially eliminating a witness as seen in the Delhi gang rape case where the victim and her friend were thrown out of a moving bus.
Justice A R Joshi's observations came after a student said Bollywood was responsible for corrupting the youth. "But you attend first day, first show,'' riposted the judge. "Don't blame Bollywood or somebody else.''
The judge said while Bollywood may be a contributory aspect, putting off televisions and not going to the movies will not cure the malaise.
He said Bollywood depicts lavish lifestyle, cars and bungalows. "Few films depict the reality of life.''
Justice Joshi said it all boils down to maturity of mind, "A person with a feeble mind would wonder, 'If everybody is getting that, then why not I?' This desire leads him to such types of situations.'' He said a change in the social system is probably the main cause for the youth taking to crime.
When students said internet was also to blame for the rise in crime, Justice Joshi said, "Everything on the internet is not bad. There are so many other things that can be seen on internet.'' He repeatedly stressed that proper upbringing of a child is important. "Home is the first school. Earlier everybody had grandparents at home. Now even father and mother are not at home.''
Justice Joshi said death penalty for rapists may not be a deterrent as a determined offender may destroy evidence, especially eliminating a witness as seen in the Delhi gang rape case where the victim and her friend were thrown out of a moving bus.
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