Mockery of law or Joke?

Question

The two siblings - eight-year-old Ajay and four-year-old Vishal - have been implicated under several sections of the IPC on charges of dowry harassment and cruelty against their sister-in-law and have been issued non-bailable warrants by the district court. Under Section 156 (3) of the CrPC, the district court had asked the police to register a case and arrest Ramesh Kuriel, a resident of Darshadev village in Kanpur dehat district, his wife Shanti and their sons, Abhinay (24), Ajay (8) and Vishal (4). The court issued the directive on a complaint filed by Abhinay's wife Deepa, who had alleged that her in-laws, husband and the two minor brothers-in-law tried to set her ablaze on December 2, 2006, because her family refused to pay a dowry of Rs 50,000 besides a bike. The children have been accused of helping the family in pouring kerosene on Deepa. While police cite compliance of court order and continue raiding possible hideouts in search of the children. Please comment on this news.

This is news from Kanpur, India.

This is based on news that appeared in Times of India,Delhi Edition. July,19th,2007.

Section82 of IPC provides Act of a child under seven years of age:-Nothing is an
offence which is done by a child under seven years of age.
Section 83 IPC provides Act of a child above seven and under twelve of immature
understanding :-Nothing is an offence which is done by a child above
seven years of age and under twelve, who has not attained sufficient
maturity of understanding to judge of the nature and consequences of
his conduct on that occasion.

Let me point out here the Advocate of the complainant wife has admitted that age of the two under age accused in question have not been mentioned in the complaint & they will correct the lapse. Here the real issue is that in order to bring a criminal charge against her husband & his family any lady can go to any extend, whether such criminal charge is based of the facts or not that she is no bothered at all. It has been pointed out very recently by the Delhi High Court by Justice S N Dhingra that the trail court must take into account the entirety of the case. It must peruse all documents brought to it and then decide whether there was a genuine case or not. The lower courts should avoid entertaining flimsy use of the anti-dowry law.

Answer 1

When law is clear,who is to be blamed for mockery ? The lawyer of complainant knew the law and so the court ? Both law keepers did not bother to check /scrutinise the facts of the age of the persons arrayed as accused in the case. It is often said that law is blind which is not correct. It is rather otherway that law keepers though not being blind ,work not only as blind but brainless also.

Answer 2

It is neither mockery of law nor joke. The children could have acted without knowing what they are doing. So, they may be taken to the juvenile court and tried appropriately.

Recently, in Tamil Nadu, in Tiruchirapalli district, a 15 year old son of a Doctor couple was arrested for conducting a cesarean operation for a lady in a nursing home owned by the doctor couple. The doctor couple were arrested. The boy surrendered in a court, and was released on bail. No doubt, there is difference between the acts of a 15 year old and 8 & 4 year old, I presume, the law does not differentiate between age of the accused.

Answer 3

THE OTHER SIDE OF SHE: FEMALE CRIMINALITY or rather TERRORISM!!

http://www.malet.com/Female%20Criminality.htm

Absolute Misuse of Laws!!

When I was of that age I did not even know what marriage is and these kids were like wolves trying to suck money eh!! - An absolute eg of mockery and misuse of law. Who would compensate what these kids went through? Even if proved to be wrong and done purely to extort money and harass the Husband's family - this woman will go scot free. And if Renuka the great is asked about it she would say the children need to be taught pronography!!

And this is a Daily affair!! The actual Terrorists booked under TADA for Blasts after over a decade are being tried!!

There is another case at AP where a 14year old sister of a brother who is doing his doctorate at UK on AIDs virus attempted suicide because her brother's wife filed this case just beacuse he did not have money and so could not send the same based on the demands of her father.

Answer 4

Dowry is a social offence and India is still plagued by these social evils, and the law is unable to take effective steps to eliminate such cases, but sometimes overacts to maybe set an example to the general public. As Deepa has lodged a FIR naming the minors, it is the duty of the police to check on the details. As the party is absconding, the directive is issued by the court.
This is a case of how ineffective the law is in dealing with such social cases, and the frustrations, and taking extreme steps not consistent with ordinary law and order, day to day requirements.

Answer 5

I can't imagine arresting a 4 and 8 yr old - could they have possibly understood what they were doing when they poured the gasoline? I know my 4 yr old wouldn't.

Is the mockery of law or joke our only two options? If so, I guess I'll go with mockery of law. If not, I'm going to venture that this actually happened. I know that the dowry is a very serious issue in India.

Answer 6

I do not know Indian laws. But the dowry system must be abolished. Period.

If minors "commit crimes" in US, then they "do the time" in US.

India will be a major (top 3) economic power by 2030. India needs to clean up such social mess such as caste system, socio-economic system and legal transparency as much as possible.

Answer 7

complaint can be lodged against any one but we have good judicial system. any one below the age of 18 are tried under juvenile act and separate court is constituted for them. the best way for both the children is that to appear in the court and seek the bail. even if they have committed offence, they will not be languish in jail or will be convicted.

Answer 8

If it did happen, the arrest of the children might be a ploy to get them out of their parents custody and into the hands of someone who will not train them to pour gasoline on women.

If its a joke, pretty good one with all the public law quotes.

Answer 9

Oh give me a home, where the buffalo roam, and the deer and the antelope play. Where seldom is heard a discouraging word, and the sky's are not cloudy all day.

Answer 10

It's in an uncivilized part of the world that still likes to marry off their daughters before they are even adolescents....no one should be suprised by this.