Juvenile Offenders Must Be Brought Back Into Mainstream Society: Madras HC Suggests Implementation Of Reformative Projects Across State
Upasana Sajeev
27 Nov 2024 4:10 PM IST
Lamenting over the manner in which juvenile offenders were treated often pushing them into becoming future notorious criminals, the Madras High Court recently suggested that reformative projects be implemented across the State to ensure that juvenile offenders are brought back into the mainstream of the society.
The court said this while granting bail to a 19-year-old boy accused of theft of movable articles like machine motor and submersible motor worth Rs.45,000.
In doing so, Justice N Anand Venkatesh noted that even though the State had implemented reformative projects like Paravai and Pattam in Chennai, these projects needed to be spread across the State. The court emphasised that the system and the people had a duty to bring the juvenile offenders back to the mainstream society.
“In Chennai, there is a reformatory project conducted in the name of (*)PARAVAI AND PATTAM Projects. This effort has the support of the State Government and the State Government has also allocated separate funds to the tune of Rs.40,00,000/- recently for the said project. This effort must spread through out the State of Tamil Nadu to ensure that such juvenile offenders are brought into the main stream of the Society and they are not pushed to become notorious criminals in future. The Society and the system owes a responsibility to ensure that the juvenile offenders are brought back into main stream of the Society,” the court observed.
The court was hearing a bail plea filed by a 19-year-old boy who was arrested for offences under Section 457 (Lurking house-trespass or house-breaking by night in order to commit offence) and 380 (Theft in dwelling house, etc) of IPC by Koodal Pudhur Police Station, Madurai.
The petitioner claimed that he was hardly 19-year-old and had been incarcerated since September 29. He claimed that false cases were also foisted against him. However, the prosecution opposed the bail plea stating that the petitioner was a habitual offender and that there were 8 cases registered against him–four while he was a minor and four after he attained majority. The prosecution claimed that the petitioner was a nuisance to the society and was repeatedly involved in theft cases.
The court however empathised with the petitioner and remarked that the case was a classic example of how the criminal justice system worked in the country where a youngster gets caught while committing a crime and thereafter he is "sucked into a web of series of cases" inundating him.
The court remarked that whenever a youngster was involved in a crime, he was "pushed to a corner" to a point where he starts to believe that the police would continue to rope him in other cases and ends up continuing to commit offences.
"At one stage, this youngster will end up as a gang leader and will become a larger nuisance to the Society. This is the story of many juveniles, who are caught committing a crime and who ultimately end up becoming incorrigible offenders," the court underscored. Thus, the court emphasised the need to reform juveniles throughout the State.
In the present case, noting that the petitioner had suffered incarceration from September and taking note of his age, the court was inclined to grant him bail subject to conditions. The court further said that a copy of its order be marked to the Inspector General of Prison's and Correctional Services, (Head Quarters), the Deputy Inspector General of Prison's and Correctional Services, Madurai Range and the Deputy Inspector General of Prison's and Correctional Services, Trichy Range.
Case Title: X v The State
Counsel for the Petitioner: Mr.R.Ramanujam, Advocate. for M/s.Gandhi Associates, Advocate
Counsel for the Respondent: Mr.B.Thanga Aravindh, Government Advocate (Crl.Side)
Citation: 2024 LiveLaw (Mad) 457
Case No: CRL OP(MD). No.20188 of 2024
