Saturday, September 14, 2013

Bad Governance-Versus-Juvenile Justice -- a moral dilemma of India

Why was the age of attainment of majority/ deliverance of minority adopted in the theories of law? Is a person born a criminal by birth?

The old times cinema, the young juvenile caught stealing a loaf of bread so to feed his hungry brother, cried his soul to the Judge, ''Nobody is born a their, sir. It's the hunger, poverty and atrocities done by the rich and powerful when they crush a poor man under the wheels of their posh cars when a thief, robber or criminal is born. But the True criminal is not me, it is these people , this society, this system''.
those were the superhit movies of their times , which had the 'Robinhood' feelings, the 'prince of thieves' whom the people loved from the bottom of their hearts. That is what paved the way to democracy, the people's leadership in polity, the abolishing of Feudalism.
That nobody is born a criminal is a universal truth. The nation, it's political and administrative system, the society have to take charge every time a child is being abused anywhere. This was a universally held agreement. Until a certain age all humans will be given protection by all means .
Then, how did we turn around to talk of 'DETTERANCE' as the means of delivering the protection. The modern Indian generation is an 'English Vocabulary crazy' generation. It likes to learn English Words each day through the newspaper, and likes to put it to an extensive use so to properly memorise the word. DETERRENCE, it appears, was their catch-word in the Delhi Gang Rape case.
While so much and so hard is being spoken about this thing called DETERRENCE And JUVENILE, did we ever turn back to see the Mentally unstable father, and a daily waged mother of the ''man'' who is in the center of this anger of our society.
The Neuroscience of our times has taken much advanced scientific developments. It informs us of the ''Prefrontal Cortex'' region of human brain, which they say is the area connected with the function of social and just behaviours in the human species. This is the area which is often found to have less of neural pathway connections in criminals and psychopaths. The neural connections intensity, the volume , the EEG light markers are often seen to be less among those people who have been cultured deprived of compassion in their childhood. The Anti-social Personality Disorders, and other social behaviour are controlled in the Prefrontal Cortex. The scientists inform us how the evolving primates brains shows immense increase in the volume and neural connections, as they formed complex society which created and preserved knowledge and information over generations of species members. The so called ''Intelligence'' of Human beings is a gift of our social existence, by which we conquered and we now control all other life forms on this planet. A life of poverty is a life filled with extreme pathos and deprivation. There is no room for compassion and empathy , for emotions only aggravate the sufferings of those who survive back after the poverty and destitute-ness takes toll of the fellow human. A life of poverty is life of reactionary survival where the cultured emotions , even from childhood, are meant to prepare a fight against the odds. There is no humanity, no love , no compassion.
What should we construe from the background of those people who have had nothing human in their own critical years. While asserting our claims that ''Old enough to mistreatment a women , but not for the justice to meet'', did we ever account the total of all those political , legislative, administrative , and social , religious failures that we together failed in. What punishment, what DETERRENCE did we choose for ourselves and our governance systems which did all those injustice to this ''man''.
Notwithstanding the public anger , and whatever the law courts finally deliver, I continue to wonder as to what are we doing about the root-cause treatment of these evils. I wonder how much collective face we have to demand on reducing the age of majority, when we do not demand hard enough the reforms of governance whose failures create this moral dilemma.