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'Treat minor offenders with kid gloves'

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Psychologists believe juveniles are more likely to turn to stalking. Dr Nimesh Desai, director at the Institute of Human Behaviour and Allied Sciences, explains why.

"At a young age or in adolescence, people are impulsive," he says. They have a low frustration tolerance-level. Also, rejection brings out the "negative strength" in them. "The object of love becomes that of hate because of the denial. Thus, more young people are seen taking extreme steps which include stalking, murder or acid attacks," says Desai.

In most cases it is a fit of anger which leads to such crimes.
Doctors believe that technology is another factor which leads to these crimes.
"With technology and changing social values, classical gratification is becoming a norm. The attitude of a person stating 'What I want, I want it now and at any cost' is destroying society. People are forgetting the difference between the reel and real world. The boundary of respect is blurred because of this, resulting in extreme steps," he says.

People facing problems like a disturbed childhood or a broken family are more vulnerable to committing such crimes, according to him.

Desai notices two kinds of patients among the perpetrators.
"The first group of people, who are larger in number, are those who do not have any major psychiatric ailment. Their action is impulsive and the deeds committed by them are a result of a reflex action. These are people who can be cured by being prudent to them," he says.

The other group is much smaller. They are seen having some mental illness and they are not even remorseful about their actions, he says.

Desai says the larger group of people can be cured. For this, the law has to be softened. Society should not get punitive or emotional about such incidents but should show tolerance for curing these people.

No minor issue

Minors often wrongly end up being accused of sexual crimes, some argue.
Sixteen-year-old Anil (name changed on request) has been coming to Prayas Juvenile Aid Centre, an observation home in Delhi Gate area for juveniles in conflict with law, since 2012. He comes in for five to eight months every time. He says he does not know why he is there. According to him, he was just walking in a park and police caught him and brought him there.

He admits he has committed crimes like stabbing to rob money. Prayas Institute director Vishwajeet Ghoshal, who has been studying juvenile cases since 1997, says children like Anil may not be stalkers but just thieves.

They might just be following a woman because she has got a fancy purse and they want her money, so they will scare her with a knife, he says. But in some of these cases, the children get booked for stalking and molesting.

Kidnapping with the intent of marriage is another accusation which a minor might face, when two teenage lovers flee from their homes.

Vidya Reddy, director of Tulir, an NGO which works on healing minors who are subjected to sexual abuse and also those who are in conflict with law agrees with this.

According to one study, half of the juveniles who have been booked for rape under section 376 are also booked under section 366 of the Indian Penal Code for kidnapping and abduction of a woman to compel her for marriage, she says.

Minors may not be treated as criminals under the law, but many end up in reform or
observation homes for their sexually aggressive behaviour.
And the dignity of the child is compromised, according to Reddy.

Abdul, 15, (name changed) from Jafrabad was admitted to a juvenile observation home on Thursday for section 376 and 366 of IPC. He says the case was filed one year ago.

"She (his girlfriend) and I decided to go together for a two-day holiday with another friend of mine. Her parents also knew and so did my parents. But still when I came back they had filed this case," says Abdul.

He says he does not like to be here and he doesn't even know when he will be allowed to go. The Juvenile Justice Board will decide whether Abdul is ready to be released.

Ghoshal says in his experience most of these children come from the downtrodden section of society. They lack attention from their parents as they are growing up.

"When you give them attention and they feel you are there, they try to be responsible and not do anything reckless," he says.

Every individual has his own response to counselling. Some juveniles will continue to commit crime and some never again. It is wrong to put them all under one banner, says Ghoshal.

Anant Asthana, a juvenile justice lawyer, says no codified law is ever complete and there are always gaps and same is the case with the Juvenile Justice Act. The JJ Act is not implemented properly because it has never been a priority as children are not voters. That why the judiciary has to compel governments to implement the law, he says.

Psychologists believe juveniles are more likely to turn to stalking. Dr Nimesh Desai, director at the Institute of Human Behaviour and Allied Sciences, explains why.

"At a young age or in adolescence, people are impulsive,” he says. They have a low frustration tolerance-level. Also, rejection brings out the "negative strength” in them. "The object of love becomes that of hate because of the denial. Thus, more young people are seen taking extreme steps which include stalking, murder or acid attacks,” says Desai.

In most cases it is a fit of anger which leads to such crimes.
Doctors believe that technology is another factor which leads to these crimes.
"With technology and changing social values, classical gratification is becoming a norm. The attitude of a person stating 'What I want, I want it now and at any cost’ is destroying society. People are forgetting the difference between the reel and real world. The boundary of respect is blurred because of this, resulting in extreme steps,” he says.

People facing problems like a disturbed childhood or a broken family are more vulnerable to committing such crimes, according to him.

Desai notices two kinds of patients among the perpetrators.
"The first group of people, who are larger in number, are those who do not have any major psychiatric ailment. Their action is impulsive and the deeds committed by them are a result of a reflex action. These are people who can be cured by being prudent to them,” he says.

The other group is much smaller. They are seen having some mental illness and they are not even remorseful about their actions, he says.

Desai says the larger group of people can be cured. For this, the law has to be softened. Society should not get punitive or emotional about such incidents but should show tolerance for curing these people.

No minor issue

Minors often wrongly end up being accused of sexual crimes, some argue.
Sixteen-year-old Anil (name changed on request) has been coming to Prayas Juvenile Aid Centre, an observation home in Delhi Gate area for juveniles in conflict with law, since 2012. He comes in for five to eight months every time. He says he does not know why he is there. According to him, he was just walking in a park and police caught him and brought him there.

He admits he has committed crimes like stabbing to rob money. Prayas Institute director Vishwajeet Ghoshal, who has been studying juvenile cases since 1997, says children like Anil may not be stalkers but just thieves.

They might just be following a woman because she has got a fancy purse and they want her money, so they will scare her with a knife, he says. But in some of these cases, the children get booked for stalking and molesting.

Kidnapping with the intent of marriage is another accusation which a minor might face, when two teenage lovers flee from their homes.

Vidya Reddy, director of Tulir, an NGO which works on healing minors who are subjected to sexual abuse and also those who are in conflict with law agrees with this.

According to one study, half of the juveniles who have been booked for rape under section 376 are also booked under section 366 of the Indian Penal Code for kidnapping and abduction of a woman to compel her for marriage, she says.

Minors may not be treated as criminals under the law, but many end up in reform or
observation homes for their sexually aggressive behaviour.
And the dignity of the child is compromised, according to Reddy.

Abdul, 15, (name changed) from Jafrabad was admitted to a juvenile observation home on Thursday for section 376 and 366 of IPC. He says the case was filed one year ago.

"She (his girlfriend) and I decided to go together for a two-day holiday with another friend of mine. Her parents also knew and so did my parents. But still when I came back they had filed this case,” says Abdul.

He says he does not like to be here and he doesn’t even know when he will be allowed to go. The Juvenile Justice Board will decide whether Abdul is ready to be released.

Ghoshal says in his experience most of these children come from the downtrodden section of society. They lack attention from their parents as they are growing up.

"When you give them attention and they feel you are there, they try to be responsible and not do anything reckless,” he says.

Every individual has his own response to counselling. Some juveniles will continue to commit crime and some never again. It is wrong to put them all under one banner, says Ghoshal.

Anant Asthana, a juvenile justice lawyer, says no codified law is ever complete and there are always gaps and same is the case with the Juvenile Justice Act. The JJ Act is not implemented properly because it has never been a priority as children are not voters. That why the judiciary has to compel governments to implement the law, he says.


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