Monthly Archives: April 2016

What happened to parental responsibility in the Delhi hit and run case?

What Happened To Parental Responsibility In The Delhi Hit And Run Case? | Leher NGO in India | Child Rights Organization

Recently, Delhi was shaken by the Mercedes hit and run case, in which the crime was allegedly committed by a seventeen-year-old, a juvenile. After a celebration at the end of his class 12 exams, allegedly under the influence of alcohol, the boy drove rashly, caused an accident, and the tragic death of another youth. From reports it appears, that his parents consented to him driving underage, that the boy attempted to run away but surrendered subsequently, when the chauffeur (driver) withdrew his statement of admission. Again, the oddly familiar clamor for revenge, for him to be tried as an adult for his crime under the new juvenile justice law, took over. An important question needs to be asked. What happened to parental responsibility in this incident? What would have been the right thing for them to do? As hard as it would be for any parent, they should have stepped up to take full responsibility for their son’s actions. Influencing the family chauffeur (driver) into making a confession that he was driving the car, is not what they should have done. Neither, should they have tried to shield the child from facing the consequences of his actions. Presumably, the family who owned the Mercedes, is one of sound financial means and it can be assumed that they have had a reasonable amount of education. It was later discovered that during the last one year the teenager had been fined twice for speeding and once for a parking violation. Therefore, it would be fair to ask what his parents were doing when these offences were committed? Shouldn’t they be held accountable for their own inactions, and consequently, their son’s actions? Maybe this case is also about the unacceptable attitude of the wealthy who assume they are above the law. The ‘Mera beta kuch bhi kar sakta hai, (my son can do anything),’ attitude among the wealthier sections of society, which glorifies deviant behaviour, especially, that of male children, needs to be checked. Those who stay silent and allow it to prevail, are complicit in creating irresponsible young people. It is hoped that the boy and his parents will realize that they did, in many ways bring this unfortunate situation on themselves, that they show some remorse, and try their best to make good in some measure. It is an arduous path to tread, but would, in the long-term, be a better path. After all, the accident tragically snatched life of one, and has changed the lives of two families forever. Perhaps, a leaf from the story of Ram Kishore (name changed), a client of Leher, will serve as learning for parents who need to tread the long and difficult path. Ram Kishore sells battery operated emergency lights for a living. He earns an average of Rs.400/- day, and supports his family of four on that. He works hard to educate his children and just like any parent, he wants to give them the best. His youngest son, Suresh (name changed), 15 years of age, is a habitual drug and alcohol user. Suresh repeatedly steals petty items from peoples’ houses in an affluent colony near his house, and sells them to fund his addiction. Ram Kishore accepts that Suresh has a problem and that his family needs help. With his limited means, he is genuinely in search of a way to get Suresh help. In cases of petty theft, it is common that the police reprimand children at the police station and let them go. However, Ram Kishore has a number of times pleaded with the police to present Suresh before the juvenile justice board (JJB). Dealing with the police and juvenile justice system involves lengthy procedure, and costs him a day’s earnings each time the case comes up for hearing, or when he has to file applications or visit Suresh. Ram Kishore nevertheless persists. Seeing his son being taken into custody and put into the government facility for children, which does resemble a prison, breaks his heart each time, as it would do to any parent. Ram Kishore remains stoic. Once, it took him five days to gather Rs.5000/- to post bail for Suresh. He says that he needs to do whatever it takes to get Suresh’s life on track. Sometimes Ram Kishore feels beaten down by the system. One day he broke down and said, “When the same police who mercilessly beat children like my son, also allow criminals who sell drugs and other intoxicants to roam freely in our neighbourhood, sometimes that feeling of anger in me becomes too much to bear.” At the same time, he appreciates that the child protection and justice system has given Suresh a chance many times and he is prepared to go to any length. Currently, Suresh is under rehabilitation at a center of repute, which provides services to young persons with addictions. Recently, the juvenile justice system has been under the scanner and has been critiqued for having an ineffective system which does not effectively reform juveniles. While demands for improvement of the system will continue to ensure that cases of children like Suresh or the boy in the Mercedes case are addressed, before the offences committed become more serious, it needs also to be recognized that parents and families are also part of a system, and for a more effective and responsive system to evolve, society needs more parents like Ram Kishore. Parents who will take full responsibility. It means making time to address issues, not letting mistakes pass, not glorifying mistakes, accepting that a child needs help, going out to get it and even navigating through the juvenile justice system. The Mercedes hit and run case, should serve as a wake-up call. Especially, for parents who are wealthy, educated and for whom daily survival is not a challenge.

Doremai’s illustrations and their attention on issues facing children in India

Maitri Dore aka dormai is an architect-cum-illustrator, based in Mumbai. This 27 year old uses her simple, child-like illustrations to evoke a sense of responsibility amongst adults, by showcasing the pale reality affecting children’s lives today. Works of this young artist offer a provocative message on age old issues plaguing their lives, weaved into contemporary stories that make news headlines today. Be it casteism, gender inequality, child labour or juvenile justice, Maitri never fails to react to these issues with her drawings. You can follow her @thedrawingroom @doremai

 

ALL WORK AND NO PLAY, MAKES JIGNESH A DULL BOY

Doremai’s Illustrations and Their Attention on Issues Facing Children in India | Leher NGO in India | Child Rights Organization
Fact for Thought

 

CHRONICLES OF NOT SO PRIVLEDGED

Doremai’s Illustrations and Their Attention on Issues Facing Children in India | Leher NGO in India | Child Rights Organization
Fact for Thought

 

ADVENTURES IN ANOTHERLAND

Doremai’s Illustrations and Their Attention on Issues Facing Children in India | Leher NGO in India | Child Rights Organization
Fact for Thought

 

BURDENED LITTLE

Doremai’s Illustrations and Their Attention on Issues Facing Children in India | Leher NGO in India | Child Rights Organization
Fact for Thought

 

NOT SO SUPERDADS?

Doremai’s Illustrations and Their Attention on Issues Facing Children in India | Leher NGO in India | Child Rights Organization
Fact for Thought

 

DESERTED BEAUTY

Doremai’s Illustrations and Their Attention on Issues Facing Children in India | Leher NGO in India | Child Rights Organization
Fact for Thought

 

EDUCATION AND THE DIVIDED FACTORY

Doremai’s Illustrations and Their Attention on Issues Facing Children in India | Leher NGO in India | Child Rights Organization
Fact for Thought

 

THE PRISON BOOK

 

Doremai’s Illustrations and Their Attention on Issues Facing Children in India | Leher NGO in India | Child Rights Organization
Fact for Thought

Here’s Why Delhi Police Is Equally To Blame For Mercedes Hit-And-Run

Juveniles are in the news once again, this time because of the tragic death of Sidharth Sharma by a rampaging car being driven by a juvenile. The emotional public response asking for the juvenile to be tried as an adult is unfortunate as it overlooks the systemic reasons for this accident and the errors of the Delhi police. Valay Singhrai highlights why we should not clamour for punishment and demand structural change for preventing such accidents in the future.


Photo: PTI, Here’s Why Delhi Police Is Equally To Blame for Mercedes Hit-And-Run | Leher NGO in India | Child Rights Organization
Photo: PTI

That law is to be applied equally to all is a basic tenet of a just government system and is presumably acceptable to all progressive people. There have also been calls for this rich and reckless teenager to be tried as an adult as in the case of juveniles involved in crimes like rape and murder. This, it is assumed, is because punishing juveniles as adults will stop cases of deadly accidents. This is the same emotional response to a structural problem of enforcement of traffic laws as in the case of crimes against women. Since the Nirbhaya rape case, these juveniles been demonised by the police, sections of the media and even the Minister of Women and Child Development, Maneka Gandhi, and have been portrayed as the largest threat to law and order and particularly women’s safety. This sustained campaign successfully culminated with the passage of the regressive and counter-productive JJ Act of 2015 which will send children to adult prisons when convicted in cases of crimes like rape, murder, drug-trafficking and robbery. It will also send those juveniles who have run away with their lovers or have had consensual sex as the law bans intercourse till the age of 18 years.

If we allow mob-justice and public pressure to influence laws and law-making then the day is not far when we will start trying all children as adults.

We need solutions not retribution. Siddharth’s family needs justice so that no more Siddharths lose their lives in such accidents. For that, we need to calm down and ask ourselves, “how do we prevent accidents?” and not “how can we punish the juvenile as an adult?” This boy has a history of reckless driving, and if the police had taken stricter action before, it is possible that Sidhant Sharma would still be alive.

Did the Delhi police provide any counselling to the boy’s father when he was caught earlier?

The apathy towards law is not the forte of only the rich and powerful, it is deeply embedded among us because we know that we can manipulate the system and the police with money and power The father of the 12th class boy whose joyride brought a tragic end to Siddharth’s life has tried every trick in the book to protect his son and himself from facing the law. First, he sent his driver to falsely admit that it was he who was driving the car at the time of the accident. It has also emerged that that the ‘Raja Beta’ was a repeat offender who was challaned thrice by Delhi traffic police last year for over-speeding and wrong parking. Sounds like a stereotypical Delhi brat who’s opening sentence is, “Tu jaanta hai mera baap kaun hai?”(Do you know who my father is?)

Did the Delhi police do anything to ensure that the spoilt son of a rich father was banned from driving till he had displayed responsible driving and road manners?

The Delhi police has charged the boy and his ‘sweetly supportive’ father of culpable homicide not amounting to murder and this is the harshest section under the existing law. The answers to these questions will perhaps be lost in the din of popular outcry calling for the juvenile to be punished as an adult. In this backdrop of a largely anti-juvenile police and media establishment, there is always a risk of causing permanent damage to both the idea of justice and moving backwards to a retributive justice model when real solutions lie in a holistic approach to both driving and parenting.


This article was originally written by Valay Singh and published on Scoopwhoop.