Lost: Why?

Why did I get lost?

Was it my serenity, or,

Was it my insensitivity?

Was it my modesty, or,

Was it my laxity?

Was it my ignorance, or,

Was it my dimness?

Was I too much, or,

Was I too less?

Was I not who I promised to be?

[2017]

Juvenile Justice (Care and Protection of Children) Act, 2015

Introduction

The 2012 Delhi gang-rape was an unfortunate incident which shook the heart of the nation and struck a raw nerve. It brought out people on to the streets to put up a brave front against such vicious and brutal crimes that defy all bounds of morality. The incident also ignited national discourse on the question of juvenile delinquency as one of the prime accused in the case was a juvenile, just few months shy of turning eighteen – the age of majority under Indian law. The fact that this accused was tried in a juvenile court, thus escaping a death sentence, triggered a massive outcry on the inadequacy of the juvenile law to treat cases where such heinous crimes had been committed.

The negative public perception was captured perfectly through the words of Maneka Gandhi, when she remarked that “an adult crime by a juvenile required adult punishment, not leniency.”[1] The anger stirred by the treatment of the juvenile along with other factors such as the increase in juvenile crime rate and deplorable conditions of juvenile homes, forced the Parliament into deliberation and The Juvenile Justice (Care and Protection of Children) Act, 2015 (hereafter referred to as “the Act”) took birth, ushering in a new era of juvenile justice laws in India.

The word juvenile is commonly used to refer to children, or people below the age of eighteen. The term in itself does not imply anything negative, nevertheless, it is commonly perceived to be attached with children who have committed a crime. In fact, the term juvenile although not defined in the Act, refers to all those who cannot be considered as adults. There are many jurists and academicians who have criticised the use of the word juvenile as it bears a negative psychological ring to it. The 2015 legislation has, to a limited extent, attempted to address these apprehensions by substituting its use. Yet, the title of the Act continues to carry the word juvenile, which shows the half-baked approach of the law-makers.