Juvenile Rapist – Why the current logic sucks

The current talk on the *Juvenile Rapist* is that he would be kept in observation till he turns 18 and then released. I am unable to understand the logic behind the same.

Previously there has been outrage in public on various decisions on *Minor*. One such occasion is when a minor girl is married. The marriage is not void but is voidable at the option of the girl This is because it is assumed that the girl would suffer more if the marriage is made void without an option being given to her. A second occasion is when a minor property is sold. The minor when (s)he turns eighteen is given an option to overturn the decision. In these two cases an act is committed by others to the detriment of the minor and therefore (s)he is given an option on to apply their mind on turning eighteen.

The logic is that they get the maturity to apply their mind.

In this case, the juvenile has done a crime. He gets a punishment for the crime that he did. It could be argued that till eighteen he would not be able to understand that the punishment is only because of his crime. But on reaching eighteen he would be mature enough to understand that the punishment is only a logical consequence of his act and therefore he deserves it.

So logically he should be tried as an adult once he turns eighteen. This flows from the same logic explained above.

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2 thoughts on “Juvenile Rapist – Why the current logic sucks

  1. We asked the same question in recent Jijnasa event to Rama Iyer. She explained that Indian Law doesn’t allow retrospective justice. In fact this question was asked twice or thrice. Everytime, her answer was the same : “Indian law doesnt allow retrospective justice”. At one point she also mentioned that “per Indian law, you cannot try the same person for the same crime more than once”.

    I guess this is one of the British era hangovers. It doesnt make sense especially in the current case where the juvenile in question may be short of 18 by months.

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