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Demand to reduce age of juvenility in heinous crimes unjustified, says Minna Kabir

Aneesha Mathur,Aneesha Mathur

Posted: Jan 05, 2013 at 0239 hrs IST

New Delhi At a time when there’s a chorus for showing no leniency to the juvenile among the six arrested for the gangrape of the 23-year-old woman who later died in a Singapore hospital, children’s rights workers are cautioning that laws should not be bent simply because there is public outrage.

Minna Kabir, voluntary children’s rights worker who has long been associated with the legal aid cell at the juvenile justice boards in Delhi, said: “The law says it is not the crime that matters, it is the child standing before you that matters.”

“Why should we treat him as different from other children? If a child has committed a crime, it means society has failed him in one way or another and needs to think about his reform and rehabilitation,” said Kabir whose husband Altamas Kabir is the Chief Justice of India.

She said calls for reducing the age of juvenility for those accused of heinous crimes are unjustified.

“We should strike a balance in our thinking. Instead of reacting with hysteria, various people should come up with constructive ideas to combat the systemic failure that leads to criminality. There is need for proper education, counselling of these children. Society seems to encourage sex, advertisements today are full of sexual situations, we are losing values and that is why such cases are happening,” Kabir said.

Professor Ved Kumari, expert on juvenile justice law and ex-chairperson of the Delhi Judicial Academy, said: “Let our outrage at the absence of safe spaces for women not blind us to the absence of care to children.”

Raaj Mangal Prasad, former chairperson of the child welfare committee, cautioned against a “knee jerk reaction”. “A change in the law will have a negative impact on all children who are in vulnerable positions. What will you do if a 13-year-old is accused of rape and murder?” he said.

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Demand to reduce age of juvenility in heinous crimes unjustified, says Minna Kabir by jawaharuddin nehru-gazi on 03 Apr 2013

minna begum, pls for allah's sake, adopt the rapist mohmad afroz. let us see how big your heart is(if you have one). lot of sicular madarchod/s have come out to defend the piglet.

Minna Kabir should have been in the bus on that night by TS on 07 Jan 2013

She would have changed her mind about the 17 year and 8 month Muhammad Afroz being put to death sometime while her intestines were being pulled out by his bare hands

Ms Meena Kabir and Juvenality in crimes by Tejpal on 06 Jan 2013

This is India where a chair or staus grants authority. First of all, had these massive continued protests not taken place on the global scale attracting the attention of even UN; this callous insensitive government wouldn't have moved like the hundreds of such cases, unfortunately this was exceptional that caught the widespread imagination. Despite that they did their best initially to divert attention from its criminality and play on a blame game as usual to save their nuch blasphemised face. It is unfortunate. I as a senior medical person feel that in such matters, more than chronological age, the gravity of crime and the mens rea should take precedence. Here in this case, the criminal mens rea is grossly obvious, which dictates that he is far more mature and wise enough to gang up with a group of criminals in an organised fashion and was fast enough on his turn in the ghastly act. Highly active determined in full senses and cold manner, not out of a reflex or instant rage.

What is the scale to measure childhood? by rahulmepl on 05 Jan 2013

Can any one decide how to define the age of JUVENILITY. If the age is 17yrs 11.5 months age will be considered as child and in 15 days the guy will be adult. How it is possible and justified? There must be some scientific or medical criteria for the same. Basically after 15 yrs a criminal should not get any benefit of JUVENILITY.

Insensitive judges and their families by AMAR RANU on 05 Jan 2013

The above said irresponsible comment of the wife of the present CJI shows that not only Judges have failed this country but their families also think alike. You can not expect anything sensible from the people,who appoint/select themselves and not on merit.

Adopt the child by Rajesh Gandhi on 05 Jan 2013

Is Ms Kabir feels so strongly that the boy is s minor even though he has committed such a major crime why doesn't she go ahead and adopt him and make him a man and see what he does when he becomes a man/adult...

my rights by galsvoice on 05 Jan 2013

child right activist should understand that child has committed heinous crime which is not similar to other children of same age..indian cinema is not vulgar from the point of view of adults..indian values dont teach that adults canot have their own life..but if parents fail then to maintain law and order in society such criminals have to be punished strictly..

Let the young change the system for better INDIA by Robert Inbakaran on 05 Jan 2013

It is better people like Mrs Kabir to keep their thoughts to themselves as they sound so irrational and out of touch with reality. There is no need to blame the society for someone turning into a merciless beast. Nearly 2/3 of India is poor and goes to bed with half stomach every day but is there enough evidence to prove that half stomachs have made any one a merciless beast like the juvenile? The elite of India have taken India back to the Stone Age and it is time they are silenced. Let the young India make laws for itself instead of waiting for the old and the inept to do so. The less said is better for the Indian bureaucracy legislature and judiciary. All the three need to undergo strong and fundamental structural changes to fit in with the changed mindset of the new India. Hope the Indian young overthrow the old system and inherit a new life for them.

Being juvenile is not a licenece for brutality and crime, Wake-up Ms. Kabir by MK on 05 Jan 2013

Do not overtrun this issue of brutality by age of accused. Crime is crime and punishment is must. The act of this accused is more worst and unimaginary. The science say brain develop fully by age 10 years. So we can't say he is juvenile and do not understand what he had done. What he had done is unpardonable. Do not be so symphatic with criminal. As long one not suffered do not understand pain. Giving suggestion is easy job. Let this happen to self then justify it act of juvenile.

This child rights and other similar voluntires should not over react by shobs on 05 Jan 2013

Their are certain issues like this where we cannot justify the brutal act shown by the Minor in the bus. If strict punishments should be given, only then others will think twice before committing any crime. Their is only one request please don't come with such ideas as it will delay the justice to the girl who died because of this minor you are supporting.

Child rapist by sp on 05 Jan 2013

It these self-serving people, who name themselves with grand terms like CHILD RIGHTS, HUMAN RIGHTS, etc. who are causing the greatest damage to society. They are asking the rights of child rapist, but what about the rights of the girl who was raped by him, brutally tortured and thron on the road to die? And a 17 year old, for all intents and purposes, is not a child any more, particularly when he commits heinous crimes like a rape, torture.

Try to be sensible. by K S Venkataraman on 05 Jan 2013

A child! One who participates in conspiracy and rapes a helpless girl! Sometimes people act crazily when they want to show themselves intellectually superior and different. the case of Ms. Kabir is beyond all sense.

reprehensible by mohan on 05 Jan 2013

This people must be kicked out, since the heinous crime happened to some other family, they are making this barbaric statement and insulting the victim even after her gruesome death. Indians must hang their head in shame, and these people should be excommunicated from the society.

what is the fault of society by dinesh soni on 05 Jan 2013

society has no role giving birth to this moster.parents of this monster is at fault who has given him birth without taking any responsibility of bringing up the child.when some like mr.bhagwat speaks of values of our culture,every-body stars barking.no body willing to held accountable the parents of this monster child who perhaps given him birth in mere pleasure of mating.

What will Ms Kabir think of a child if she was at the receiving end? by desikanthomas on 05 Jan 2013

Will she pontificate on behalf of that child? Or will she call "appropriately" the monster out. Children have to be protected from abuse, slavery, forced prostitution. However, unlike a child, if an underaged person feels compelled to join adults to cause harm to another being, then they are NOT children. They are monsters and burden to the society. They must be eliminated in the bud. There are millions of kids who go through untold abuse and what can a law abiding society to do if every one of them take to violence and duress to others. All rapists must be hanged. Her Majesty should seek to end prostitution and the vulgarity in Indian cinema. They are hard targets not soft worthy of her stature and influence.

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