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Children who commit crimes have a complicated status as far as the legal

world is concerned. Since they are children with less understanding of the
laws, they deserve special protections.But over the past few year,The
frequency of young kids committing horrendous crimes has been on a steady
rise for the past couple of decades.
This has brought up a very controversial topic that people seem to be very
passionate about, trying juveniles as adults. There are many differences
between the justice system for juveniles and the justice system for
adults,although many would believe that it is the same at its core, it is surely
not.In juvenile courts there are no juries and no trials by jury either. In adult
courts the sentencing is much harsher and the chance of getting off the hook
with some counseling is very slim.
Petty crimes in general and heinous crimes in particular are being committed
regularly in India by children. Crimes such as theft, burglary, snatching which
are not so serious in nature or crimes such as robbery, dacoity, murder and
rape etc which are relatively serious are on the rise in whole of the
country.And the unfortunate thing is that all types of these crimes are also
being committed by children below the age of 18 years.
Among juveniles also there is a specific trend that juveniles between the age
of 16 to 18 years are found to be more involved in heinous criminal acts.
According to the National Crime Records Bureau,
the data of 2013 shows that of the 43,506 crimes registered against minors
under the Indian Penal Code (IPC) and the Special Local Law (SLL) by
juveniles,
28,830 had been committed by those between the ages of 16 to 18.
The statistics also show the number of juveniles found to be in conflict with
law under the IPC and the SLL has risen 13.6% and 2.5% respectively in
2013,
as compared with 2012.
The recent inhuman gang rape of a young girl on December 16, 2013,
shocked the collective conscience of the nation.
The brutality with which the heinous crime was committed was most
shocking; it was later found out that among five accused,
one was minor and he was the most barbaric one.
Again, in another brutal gang rape case which is known as Shakti Mill Rape
case, a minor was involved.

These and several more recent events have triggered a public debate that
the present Juvenile Justice (Care and Protection) Act, 2000
which treats persons below the age of 18 years as minor or juvenile, should
be amended.

Reasons for Juvenile Crimes


No one is a born criminal. Circumstances make him so. Socio-cultural
environment, both inside and outside of home,
plays significant role in shaping ones life and overall personality.

Some of the most common causes which are associated with juvenile crimes
are:
Poverty; Drug Abuse; Anti-social Peer Group; Easy availability of firearms;
Abusive parents;
Family Violence; Child sexual abuse and Role of Media.

View in Favour
1. It gives justice to the victims and their loved ones.
There may be some offenses that are forgive-able, but for extreme cases like
murder, just punishment must be given to the offender. It is a way for a
victims family to gain some peace or reconciliation,especially since they
cannot get their loved one who was taken from them back.
2. It shows that a crime is a crime no matter your age.
Giving a lighter sentence to adolescents who committed an extreme crime
just because they are not yet adults can send the wrong message that they
can get away with certain things, even taking another persons life. No
matter what age someone is, they must learn to take responsibility for their
actions and be made to understand the consequences of bad decisions. If
teenagers are not taught right from wrong before they transition into adults,
they have a higher tendency to commit more crimes.

3. It helps in lowering the number of juvenile criminals.


Adolescents who are aware that they will be punished for crimes will most
likely not commit them.They can be even more discouraged to attempt any
criminal activity when they find out how their peers were punished.
4. It allows a fair trial by jury.
Juvenile court cases are decided only by a judge. But if teenagers are tried as
adults, there will be a jury that will help decide if they are guilty or not, so the
decision doesnt lie on one person alone.
5. 18 is Too High as a Cutoff for Children.
Another pro for trying juveniles as adults can be linked to the belief that 18 is
too high of an age limit.Many feel that the age limit for juveniles should be
below 18. Those that fall closer to 18 should be tried as adults anyway.Making
some juveniles be tried as adults is what many feel is fair.In fact, lowering the
age limit is what many are pushing for. Making the cutoff age for a juvenile at
16 is what those for trying juveniles as adults feel is needed. If the age limit
was lowered to 16, then no juveniles would then need to be tried as adults.
Most cases of trying juveniles as adults deal with juveniles in between this
gap.

Conclusion
In conclusion it can be said that whatever changes be made in the Act, it
should be the interest of justice which must prevail.
A law must not be made or amended due to single act of barbarism; because
a law is for all and for all time to come.

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