1) Reduce the age of criminal majority to 16 instead of 18 years for serious crimes such as rape and murder with retrospective effect.
2) Ensure the “juvenile” offender in this horrific case is tried as an adult like the other five accused.
The shockingly brutal December 16 gangrape and murder case has highlighted the alarming increase in aggressiveness and violence amongst the youth. They can commit the most brutal crimes and get away with it. For the increased safety and security of the people, it is imperative to reduce the age.
Other countries have already modified their laws to ensure that juvenile offenders can be tried as adults. . In most states in the United States, juveniles as young as 14 years can be tried in adult courts for serious crimes such as rape and murder, and adult sentences are imposed on them. The minimum age varies from 14 to 17, depending on the state. In France, the law has been modified to inflict swift and absolute punishment instead of rehabilitation for certain types of juvenile offenders. From 16-18 years, minors can be remanded in custody and the excuse of minority can be set aside. In Holland, a youngster between 12 and 17 can be judged outside the juvenile law when he commits a severe criminal act (like murder) or when his personality is giving enough reason for him to be the be judged outside the juvenile law.
There is nothing innocent about murder and rape. The "juvenile" was aware of what he was doing. . Allowing him to get away with his unbelievable cruelty on the plea that he is a few months short of being an adult, will be sending a fatally dangerous message to the youth: you can get away with barbaric rape and murder as long as you are 17 and not 18. Besides, there is no conclusive proof of his age, he has not undergone any scientific test. The High Court has ruled in favour of a school certificate over a scientific test, despite being aware like the rest of us that certificates in India, especially from remote places, can be easily manipulated.
Laws are meant to serve justice. Justice is not meant to be held hostage to laws. (It's bad enough that no punishment in the Indian penal code fits the magnitude of the crime committed on December 16, so gruesome that one does not even have the courage to know the details) Where is the justice that had this criminal committed the crime in June 2013 instead of December 2012, he would have been tried as an adult? Let not one of the most brutal criminal s of our times get away with his brutality because he committed it 6 months too soon.