Watch: Shashi Tharoor quashes Juvenile Justice Act in parliament May this year, and nails it!

There has been a lot of hue and cry over the release of “the juvenile” who was one of the five rapists who allegedly raped, tortured – and some say he was the main culprit who inserted the rod into her and took out her intestines – Nirbhaya, or her real name, Jyoti Singh. Listening to the people’s voice, BJP has once again introduced The Juvenile Justice Bill in parliament after Shashi Tharoor excellently quashed it in May this year when it was first introduced. Let’s revisit that excellent speech by Mr Tharoor to make sure we have a better discourse over the issue in public in future.

Perhaps, the most difficult thing to do today on internet is to take the side of a juvenile, not this juvenile, rather all children who commit heinous crimes, like murder and rape at a young age. The well deserving and necessary public outrage over the Nirbhaya incident has turned the tables against all the juveniles in this country and somehow motivated the public to go astray from the real discussion and demand hanging of all those who commit such crimes irrespective of their age.

If I am writing today, I am only writing because I cannot see the demand for barbaric punishments by civilized men and women to the children of all ages. Yes, rape and murder are heinous crimes, but what about those scientifically uneducated, emotionally underdeveloped, morally uneducated children who couldn’t understand the gravity of crime they committed? Imagine a 12-year old boy, a 17-year old girl, another 18 year old boy, who are jailed in the same prison along with hardened criminals, serial killers, rapists, and more. Imagine, we as a society, hanging a 17 year old child on national television! Oh, as Shashi Tharoor say, we know where this is coming from, the Nirbhaya Case. The Nirbhaya case shook the conscience of the country for good. It made us aware and governments more answerable for such heinous crimes. But there were 5 criminals, and one of them was juvenile. Was it not easy for four others to convince the juvenile, an uneducated juvenile to rape the woman, and term it as okay! Do we, as children, not always follow our elders and never question them?

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I need not say anymore over the topic, because Shashi Tharoor has already laid out all the points necessary for us to understand before taking this discourse forward in the public domain.

Watch the video and thank people of Thiruvananthapuram to chose Mr. Tharoor to represent them in the Indian Parliament which is otherwise full of not-so-wise men and women, who would do anything for vote bank.

Also, someone please make this guy our next Prime Minister!


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8 thoughts on “Watch: Shashi Tharoor quashes Juvenile Justice Act in parliament May this year, and nails it!”

  1. Adv Alex Abraham says:

    Cannot agree with Shasi Tharoor or whoever nourishes this ludicrous line of thought.
    Children in many Australian, Canadian and American states can ask a court to declare them “emancipated minors” at age 16 where by parental or state supervision/ control is no more required. Are those countries in anyway inferior to ours in upholding individual freedom? Are they anymore a failure than Indian democracy?
    Why then a 16 year old is not held responsible for the horrendous crime he/ she commits?
    Sure, I agree that under-aged prisoners be put in separate cells and not with hardened, mature criminals.

    1. Ayush Kaushik says:

      1. Sir, there are different lines of thought, politically, socially, educationally, and intellectually. If you don’t agree with one line of thought, that doesn’t make that line of thought ludicrous.
      2. Well, there are examples of both lines of thought in the world. Rather the majority having a different law for juveniles below the age of 18. The aim is to give them a chance to become better. The aim is not retribution but rehabilitation.
      3. In an attempt to convince you, I would tell you more about the psyche of a child below 18 years of age. They may be intelligent but lack in certain qualities such as decision making, risk taking, risk calculation, understanding the gravity of matters. And a lot depends on education. Do you realize the education statistics of India? DO you realize the poverty?
      4. And when we don’t allow kids below 18 to vote, to drink alcohol, to drive a car, to have sex, how can we as a society justify to punish them under adult law?

      And in the end, everyone’s view matters and I thank you to take time to comment on this article.

  2. Nitya says:

    It is very easy to talk. Men and politicians in the LS or RS are not the ones who are having to face such criminals. It’s the women of India who have to. If you cannot fix the country’s youth by providing them a sensible education system that teaches them to respect people, irrespective of their gender, then you don’t have the rights to stop a bill that keeps us safe either.

    1. Ayush Kaushik says:

      I totally agree. All the problem lies in the education system. But what I fail to comprehend is you can empathize with a woman, which is good for all of us, but not with a child?

      Do you realize that with this law, if a 16 year old boy has consensual sex with a 16 year old girl, and their parents file a complaint, it would be considered as rape and the minimum punishment that the boy will have to go through is 10 years. Please realize the flaws in this law, and condemn them. The number of lives this law has put at stake are too many.

      Thank you for taking time and commenting your views on the matter. ­čÖé

  3. Nitin says:

    I would like to disagree with our Hon. MP Because of this sympathatic behaviour crime rate is increasing in our country at exponential rate. I am nowhere saying we go back to barbaric ways but we need to draw a line at some point.
    First to cater to the point that imagine a 16 year old hanging out with most dreaded criminals. Before I imagine that, would request you to imagine the state of indivdual, in case of rape, and family of ones who were either raped or killed by these innocent juveniles.
    Next juveniles who can nuture thoughts of doing such heneious crimes especially rape, you can only imagine the company they are already keeping and thought process they have. Take this kid who raped and murdered someone’s daughter he was already keeping company of dreaded criminals.
    Sorry Hon. MP this doesnt seem to be a valid reason but just another attempt to be in news.

    1. Ayush Kaushik says:

      Sir, the better thing would be to empathize with both the child and the victim. I know certain crimes are capable to destroy lives, families and more. And with no doubt, there should be stringent punishment to all those commit such crimes. But a juvenile can be led into doing things, he may not be a hardened criminal but may have done things because some adult wanted him to do, or taught him to do. Does he not deserve another chance? At least at a reform house.

      Another thing, lets check facts. out of 472 million in India, only 1.2 percent of all of them have committed crimes in 2012-13. And out of these 1.2 percent only 2.4 have committed murder and only 3.5 percent have committed rape. Do you now realize that we are risking millions of children’s life for a handful of cases. Rather than doing populist measure, the government must reform education system, reduce poverty, empower NGOs, reform juvenile houses and also make changes in the earlier juvenile law, by introducing strict measures of punishment.

  4. rvkrishnan says:

    To me a crime ,when proved is a crime, whoever commits it. Young or old, juvenile or youth. Therefore the culprit needs to be punished. Death sentence alone is not solution for serious crime. Reform is a part of punishment. I remember Hindi film “Dushman” where Rajesh khanna is punished by court to go and serve the village of his victim .The climax of the movie is villagers accept him and he asks the court to allow him to stay in the same village. This is reform. In our country these kind of solutions won’t work. So what then is the solution.
    To me problem is lack of education. Make education compulsory. Make NCC / NSS /scout compulsory till standard nine. In colleges too these kind of activities should be compulsory for first two years. I am sure there will be some improvement. Otherwise left to politicians,it is another dirty game for them. why at all they should bother about of safety of citizens .

  5. Nsk says:

    Like me, many people have understandably been horrified by the recent incidents that took place in our country. But what I don’t agree with the comments to this post are the reaction. We need to realize that punitive measures can be carried out for two reasons: as revenge and as a corrective measure. If we as a society choose to use it for vengeance, don’t expect our society to be safer in the future. We need to be very clear on our intent here. Because in movies, the film ends when the bad guy is put in jail. In life, they come out after a few years. A solution to that would be to extend their incarceration period. Again, does it solve the problem? What if it aggravates the problem?
    Consider for instance the war on drugs policy in the USA and neighboring Mexico. Thousands of people are killed every year, mandatory minimum laws lock up people for long periods for really really minor offences, etc. At the same time, since this policy was very expensive to carry out, Portugal decided to decriminalize (not legalize, just decriminalize, i.e, they would pay a fine and might be forced to attend rehab programs but won’t go to prison) the use of drugs. Our media and politicians have got us to believe that it could be the worst thing to do and it would make the society unsafe and what not. Wikipedia lists the effects of the policy change in 6 years which are really substantial. It also saves a lot of money which is in turn used for rehabilitation of ex-users. Here, the intent of changing the law was clear. The bill would have raised a lot of criticism when it was passed. I am giving this example to clarify my point that locking up “criminals” (quotes because sometimes I have problems with the context it is used in) need not make us safer. It only hides these criminals from our view for some time.
    And I don’t mean to say that they should be left alone and wait till they somehow turn change and become better citizens. That introduces the question “what can we do?”. For that we need to understand the reason why such incidents happen. Like Nitin mentioned above, it could be because of bad adult company (we all know kids like to look cool and be treated like adults). Others could be, as the minister mentioned, poverty or lack of education. Then there is the influence of the media and social constraints. On tv, we constantly see semi naked women getting us aroused, ads promising that if you buy their product women will chase you to have sex with you, and actors making out in almost every movie these days. Then there is the social norm that restricts sex outside marriage. Under-18s have a lot going on in their heads. When they see a chance to, they pounce on the poor victim. If the origin of the problem is social structure, the solution has to be from within. Take them out of the society they are currently in (juvenile homes could be that place), educate them (means to help them understand the consequences of their actions. not educate as in teach them math and english and tell them to find a job), engage with them, listen to what they have to say about why they did what they did and after a reasonable amount of time, release them. Adult prisons will not do that job.
    Make no mistake, the largest community of victims will be the poor and the minorities. I don’t expect an argument on that. It is acceptable to change laws. But it should be enforced correctly. If implemented correctly, it should provably improve the situation.

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