‘Tough Act Approach’ Towards Juveniles For Commission Of Heinous Crimes- Indian Context : Through A Critical Analysis Of Dr. Subramanian Swamy & Ors Vs. Raju, The Member Juvenile Justice Board & Anr Case
Gowri Krishna, Symbiosis Law School
In the light of conflicting views on reformative v/s deterrence theory of punishment, one of the crucial points of discussion is the commission of heinous crimes by juveniles, i.e., individuals who are 18 years of age or below. The present analysis draws focus on the landmark case of Dr. Subramanian Swamy & Ors vs. Raju through the. Member, Juvenile Justice Boards & Anr, resulting from the shocking and appalling Gang-rape Nirbhaya Case. This case surfaced the discussion about the existing blanket protection of juveniles under the Juvenile Justice act, 2000, in case of heinous crimes. The present analysis forwards a criticism of the judgment given in the aforementioned case, while also providing a post-judgment insight into the present stance of law. A glance into the international approach towards such crimes is viewed, in order to gain a more holistic understanding of the present position in law. Finally, it identifies the shortcomings in the existing law and attempts to arrive at recommendations that would assist in providing a better system of juvenile justice in case of commission of Heinous crimes.
Keywords: Juvenile, heinous crimes, Juvenile Justice Act, 2000