3 years back, Nirbhaya case created a stir in society as it saw a lower abyss in society. 6 persons were convicted for the heinous crime of rape, one of them was a juvenile. The same juvenile created another stir when he walked out of juvenile rehabilitation home in December 2015. Icing to the cake of stirs was amendment of Juvenile Justice Act which added the provision that a juvenile of age between 16 to 18 be treated as adult for heinous crimes.
Though this amendment has been criticized, but most peculiar and scientific criticism has come from Neuroscience professionals.
They argue that the part called frontal lobe - the front part of the brain, is underdeveloped at the age between 16-18. This is the part which is responsible for decision making, impulse control, judgement and emotions. They further argue that in the condition of stress, the same frontal lobe shrinks losing their capacity to process information. In turn, the back of brain Amygdala - which is responsible for fear, anxiety and aggression - increases. To further strengthen their point, they say that the age of adulthood of 18 is arbitrary and has no relation with maturity.
But, I would say, sex is a physiological requirement which start popping in around the age of adolescence which overlap with the age of 16-18. Secondly, justice system must take into consideration of the victims and stop going soft on the culprit just because he is yet to complete 18 years in a couple of months. The amendment is for heinous crimes and not all crimes. Further, if go by neuroscientists logic, a person is not mature even at the age of 24, and even 36. But a big chunk of crimes are committed by these age groups.
While forming a law, many aspects are to be taken into consideration. There can be social aspect, psychological aspect (which the neuroscientst are putting), cultural and economic aspect, demographic aspect etc. Many a times in crime, one aspect pre-dominate than the other. No neuroscience report/research has come up saying the Nirbhaya juvenile rapist had some neuro-disorder. It was actually a social disorder which need to be rectified.
Its more of lack of social responsibility and value which leads to such crimes than neurological issue.
Everybody has animal inside, how efficiently and effectively one tames it is what makes him human.
Article link: Neuroscience and the juvenile legislation
Though this amendment has been criticized, but most peculiar and scientific criticism has come from Neuroscience professionals.
They argue that the part called frontal lobe - the front part of the brain, is underdeveloped at the age between 16-18. This is the part which is responsible for decision making, impulse control, judgement and emotions. They further argue that in the condition of stress, the same frontal lobe shrinks losing their capacity to process information. In turn, the back of brain Amygdala - which is responsible for fear, anxiety and aggression - increases. To further strengthen their point, they say that the age of adulthood of 18 is arbitrary and has no relation with maturity.
But, I would say, sex is a physiological requirement which start popping in around the age of adolescence which overlap with the age of 16-18. Secondly, justice system must take into consideration of the victims and stop going soft on the culprit just because he is yet to complete 18 years in a couple of months. The amendment is for heinous crimes and not all crimes. Further, if go by neuroscientists logic, a person is not mature even at the age of 24, and even 36. But a big chunk of crimes are committed by these age groups.
While forming a law, many aspects are to be taken into consideration. There can be social aspect, psychological aspect (which the neuroscientst are putting), cultural and economic aspect, demographic aspect etc. Many a times in crime, one aspect pre-dominate than the other. No neuroscience report/research has come up saying the Nirbhaya juvenile rapist had some neuro-disorder. It was actually a social disorder which need to be rectified.
Its more of lack of social responsibility and value which leads to such crimes than neurological issue.
Everybody has animal inside, how efficiently and effectively one tames it is what makes him human.
Article link: Neuroscience and the juvenile legislation
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