Shiban Khaibri
At the outset, every body’s heart must be going out to the two families of the victims of the Pune car crash which as per reports, was a heart rending culmination ”among other things” of consuming too much of costliest alcohol, driving car with neck breaking speed in an inebriated condition , breaking basic traffic rules of driving an unregistered vehicle , suffering from spoilt habits as a result of hyper obsession of parents for their child etc etc. The one who is believed to have committed series of offences of law resulting in the death of two young techies whose life shockingly was cut so short — is a ”17 year old minor”. Before we, as usual, start putting the government , its concerned authorities and even institutions in the stockings , we must keenly observe that rarely shall the blame, even remotely, be parked at the type of care, the type of sacraments inculcated in the spoilt ”child ” and the rationale behind presenting by the parents a Rs.2. 50 crore costing Porsche car to their son but not caring two hoots to have the car registered and wear a proper number plate.
Since the spoilt child happens to be the apple of the eye of the rich city builder , the car , it is believed moved in the city without a number plate / registration for months together which did not worry the father and which rather emboldened the son to break all limits and that too on busy roads . Yes, the fact must not be lost sight of that during this period of “months together” , no one from the traffic , police or transport departments noted this grave violation on the roads, therefore, neither impounding the vehicle nor apprehending the owner driver. Had that been done , most precious two young lives could have been saved. Not to speak of the parents, especially the father, who seemingly never bothered to review let alone interfere with limitless liberty , unquestioned freedom and unbridled autonomy enjoyed by the son, never even thinking the deleterious effects of extending so much of undeserving cuddling . There is an adage, which perhaps may be felt as worn out with the passage of time, yet is carrying a lot of message in disciplining one’s child to his or her benefit and to the society’s as well — which in simple rustic words says – , “provide Pulao , like dishes etc to your child but when it comes to washing his or her hands after having the choicest cuisine , give for that purpose only the water having cow dung smell ” . The crux herein is metaphoric to convey that a corollary of checks and balances system works wonders should it be done right from the start at home.
There are, however, certain pertinent questions which must be raised to avert more of such recklessness and nursing of the hangover of being rich hence playing with the lives of the pedestrians and two wheeler riders or other vehicle owners and occupants therein moving on roads to their destinations. Too much of liberty , unbridled freedom and unrestrained behaviour whether at micro family level or at macro level of whatever hue, can often result in grave troubles and devastations of irreparable nature. The issue assumes greater proportions looking to the country battling with the near chaotic conditions on roads due to unprecedented rise in the number of vehicles , the private ones – both four and two wheeler – in particular , which definitely projects how much the country has progressed and how more and more people from almost all economic strata, can now afford a vehicle as also its cost of fuel on recurring and regular basis but which greatly demands a very committed and disciplined driving on these roads and how much rigorously such a desired discipline is to be established and instilled by the designated authorities.
Since the accused Porsche car driver owner , as per the prevalent law happens to be a minor, and in cases of any crime- – even of heinous nature – was not going to be tried in a competent court as an adult , this fact known fully to such type of law breakers could be the chief reason of going astray so menacingly. It is the fear of law and its stringency with regard to the nature of the seriousness of the crime that usually one thinks twice before breaking the law but a ”grown” minor having sufficiently grown in discretion and fully evaluating about commissioning of a crime and the consequences thereof, perhaps, knows — worst cum worst would be landing in a Reform Home or some Juvenile Home for some limited period to get absolute freedom shortly. In the instant case , the accused ”minor ”of 17 years and 8 months whose vehicle was at 160 kmph speed when it hit the motorbike of the two techies resulting in their instant death, is awarded the punishment of a nature which could, by its very nature, be classified as reformist and a mode to feel remorseful and repentant which also includes writing an essay of 300 words on accidents, working with and assisting the Traffic Police for 15 days and to undergo counselling. This punishment awarded by the Juvenile Justice Board can only be pleaded to be reviewed and what if 300 lashes on staggered basis over a 15 days period were awarded to be given to the boy to let him feel what it meant to prove so dangerous for others on the road. Agreed, lashes or whipping or caning and causing physical pain were out of the scope of a civilized society but what did such high standards of civility say about causing death of any innocent victim on the road? Although bail granted to the ”teenager” is reported to have been cancelled and a court has remanded five persons including the father of the 17+ years boy sent in judicial custody yet it all shows that a feeling, an intense feeling , to impart justice to the families of the two young techies Anish and Ashwani in their early twenties , is growing deeper.
On the other hand, Pune Police is mulling to go in for seeking court’s permission to try the delinquent and spoilt minor as an adult since the crime was of a heinous nature. It is pertinent to note that when a minor, in full senses and knowing fully well all about what it meant to break any law like committing a rape, a murder, a conspiracy to commit a horrendous crime , causing death to an innocent victim on the road on account of rash and drunken driving and the like, could not be placed in the category of a minor for reasons of getting very leniently treated as a matter of punishment. Why not to cite what happened in Nirbhaya case , leading to some changes made in the Juvenile Justice specifying that if the junior was above 16 years of age and the crime was heinous , the accused could be treated as an adult. As a deterrent for future ,especially those reckless fathers who allow their children to get slipped away from their normal expected control , again , due to an over obsessive love and an unbridled liberty granted to them to the peril of others, it will be in perfect order and in the interests of justice to try such cases in the category of “as adults”.
Of course, honourable courts have to go by what is provided for under the relevant provisions regarding the Juvenile Justice Act or other laws governing the country, still in rarest of rare cases of heinous nature , reviews need to be made . Should , therefore, drastic reforms in our system not be undertaken which has so far, for whatever reasons, not been visited, reviewed and brought in consonance and in compatibility with the required needs? Generally speaking, are we perhaps not averse to bringing in more reforms, changes and rectifications in the old, obsolete and even dilapidated system? We have , however, to note it seriously that a child spoiled at home could prove of great harm to others for no fault of theirs. Good parenting , reasonable liberty and autonomy but utmost care , education and proper nursing, are all which make a child grow in a law abiding citizen. That most important word “sanaskar” or sacrament imbibed in the children is a guarantee of a child growing into a noble, civilized, educated, God fearing, law abiding ,well mannered, disciplined and beneficial for the society . Porshe accidents, as a result, therefore, will never ever be repeated in that scenario.
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