On Monday, the juvenile justice board remanded for two days the juvenile behind the wheel of the silver Mercedes that fatally hit a 32-year-old a week ago. On Sunday, the boy was sent to a correctional home after he appeared before a magistrate, offering to surrender.
On Monday, the juvenile justice board remanded for two days the juvenile behind the wheel of the silver Mercedes that fatally hit a 32-year-old a week ago. On Sunday, the boy was sent to a correctional home after he appeared before a magistrate, offering to surrender.
On April 4 in north Delhi's Civil Lines area, a juvenile, four days short of his 18th birthday, was speeding in his father's car when he hit Siddharth Sharma as he was trying to cross the road.
Currently in Delhi, the fine charged for a minor found driving is Rs500 and the vehicle is liable to be impounded by the traffic police, while the fine for an over-speeding charge and if the driver is found to be driving dangerously is Rs. 1,400.
However, experts are of the opinion that this 'relaxed' attitude of the traffic police and the liberal attitude adopted by parents are the main reasons why instances of rash driving in the capital is high. Child rights' lawyer Ashok Agarwal says, "There are laws already in place for those who are found guilty of an offence. It is a matter of implementation." Agarwal, a high court lawyer who mostly handles cases involving child's rights is of the opinion that a change in the attitude of the parents alone is not enough. Agarwal feels, the Delhi and Traffic police need to step up and be more assertive.
Anant Asthana, a lawyer for juveniles, has an opinion that is quite similar to Agarwal's. "The police has been very kind on the society and the parents. The law is there, however, the application of the law is found lacking," Asthana said. The juvenile justice lawyer feels that, "if the police were to strictly enforce and implement the laws in place, then it would prove to act as a prohibitive tool for the society."
"If a parent is conscience and cautious, then automatically, the kid will imbibe similar values and have a healthy respect for the laws of the land," said Asthana. However, Asthana and Agarwal both vehemently feel that the society and the law - the police in this case, need to work in tandem.
Setting a precedent, following Sharma's accident, the police charged the father of the juvenile of abetment to culpable homicide not amounting to murder. Even though the teenager was apprehended, the police are pressing the courts to hold the father responsible for the son's action.
Asthana and Agarwal, both are of the opinion that the abetment charge is a stretch and may not stick. However, they both feel, the police is taking a very bold stance and a message is being sent out to the society.
The Delhi police will continue to question the juvenile in the presence of a juvenile justice officer. "We will question the juvenile along with the six friends who were with him at the time," said Madhur Verma, Deputy Commissioner of Police (North).
Application of law is poor: Lawyer
Anant Asthana, a lawyer for juveniles, has an opinion that is quite similar to Agarwal's. "The police has been very kind on the society and the parents. The law is there, however, the application of the law is found lacking," Asthana said. The juvenile justice lawyer feels that, "if the police were to strictly enforce and implement the laws in place, then it would prove to act as a prohibitive tool for the society."
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