Juveniles Involved in Heinous Crimes May Pose a Continued Risk To Society: Chhattisgarh HC
The Chattishgarh High Court observed that the juveniles involved in heinous crimes may pose a continued risk to society, and lenient approach could lead to a lack of deterrence
The Court observed thus while it dismissed the plea seeking multiple reliefs filed by a person tried in Children's Court under POCSO Act.
The bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, observed: "Juveniles involved in heinous crimes may pose a continued risk to society, and lenient approach could lead to a lack of deterrence.”
On behalf of the petitioner, Advocate Mahrukh Adenwala (through video conferencing), appeared; on behalf of the respondent, Mr. Shashank Thakur, Deputy Advocate General, represented the case.
Facts of the Case
The petitioner, arrested on June 19, 2017, for grave sexual offenses, was a minor (born August 4, 1999) at the time of the alleged crime. Despite being under 18, he was assessed as an adult due to the nature of the charges and was tried in the Children’s Court under the POCSO Act (Protection of Children from Sexual Offences Act, 2012). On December 20, 2019, he was convicted and sentenced to 20 years of imprisonment along with a monetary fine. The court established an Individual Care Plan (ICP) under Section 19(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, focusing on vocational training and counseling during his stay in a place of safety until he reaches 21 years of age. Progress reports from March, June, and September 2021 reflect his active engagement in informal education, participation in institutional activities, daily yoga practice, and absence of any negative behavior or drug addiction.
"The Act of 2015 and the Rules of 2016 are designed to provide socio-beneficial legislation for the care, protection, rehabilitation, and social reintegration of children in conflict with the law, emphasizing a non-punitive approach. However, there is concern that juveniles who commit heinous crimes, if not addressed properly, may engage in more serious offenses in the future. This creates a complex debate within the criminal justice system regarding the balance between rehabilitation and the need for justice. Various social, psychological, and economic factors, such as poverty, broken families, substance abuse, and lack of opportunities, contribute to juvenile delinquency. Additionally, the easy availability of drugs and weapons can further lead youth into crime. It is crucial to recognize that juveniles involved in serious crimes may still pose a risk to society, and a lenient approach could undermine deterrence. Stricter punishment may serve as both a deterrent and a form of justice for victims.", the court said while dismissing the petition.
Cause Title: Bindesh Fulchand Netam versus State Of Chhattisgarh Through Narayanpur Police Station, Narayanpur [WPCR No. 150 of 2024]
Appearance:
Petitioner: Advocate Mahrukh Adenwala along with Advocate Aman Saxena,
Respondent: Mr. Shashank Thakur, Deputy Advocate General