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From Indias largest newsroom, 
I'm Arun George and this is the 

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Times of India podcast. 
Just a warning. 

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Today's episode deals with 
themes of online sexual abuse 

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and abuse. 
If you know a child who has 

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faced online sexual abuse, you 
can call the Merry Trust Line on

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636-317-6363. 
I'll repeat that it's 

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636-317-6363. 
Two cases have recently brought 

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the spotlight on those under the
age of 18 when they're accused 

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in criminal cases. 
The 1st and the one that's made 

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more headlines is the Pune case 
where the son of a builder 

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resulted in the death of two 
people while driving a sports 

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car. 
The 2nd is the case of an 

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Uttarakhand teen who was put in 
an observation home after a girl

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he knew committed suicide 
because he had shared explicit 

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videos of her. 
In today's episode, we're 

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looking at both cases in terms 
of what is the way forward in 

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dealing with children who find 
themselves facing the criminal 

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justice system. 
My colleague Ambika Pandit at 

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The Times of India spoke with 
experts to examine the issues 

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with having children accused of 
crimes being treated as adult 

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criminals and punished 
accordingly. 

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She also examines online abuse 
involving teenagers and what the

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problems are with how we, the 
adults, deal with such cases. 

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She also looked at whether 
teenagers accused in such cases 

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are beyond redemption. 
That is, they're destined for a 

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life of crime. 
But first, the Uttarakhand case.

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The Uttarakhand case made 
headlines after the Supreme 

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Court went against the norm of 
granting bail to juveniles in 

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retention. 
The boy in this case had 

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allegedly circulated obscene 
videos of his classmate, a 14 

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year old girl, which her father 
said drove her to die by 

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suicide. 
The boys plea for bail was 

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rejected by a juvenile justice 
board and the Uttarakhand High 

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Court. 
The Supreme Court also rejected 

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his plea, seeking that he be 
released from a reform home and 

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into his mother's custody. 
The High Court had rejected his 

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release on the ground that he 
was an undisciplined child 

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keeping bad company and that he 
required disciplining. 

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One of our guests on today's 
episode doesn't agree with this 

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order. 
What worries me is the reasoning

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behind the bail sort of not 
being given to the juvenile in 

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the Uttarakhand case. 
In the Uttarakhand case, I read 

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the judgment and I think the 
court takes an extremely 

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parental stance. 
And I think it's sort of like 

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the same reason, like, why a lot
of parents who corporally sort 

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of punish a child give, you 
know, this sort of punishment 

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will improve the child's 
behaviour. 

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And I think the reasons given 
are not extremely viable. 

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And I think the court is sort of
taking a very parental stance 

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and not looking at it in terms 
of how is this materially going 

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to affect the case, right. 
The court cites such sort of 

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things as the boy will fall into
bad behaviour. 

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He has behaved previously like, 
you know, badly in school. 

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I'm not here to issue like a 
character certificate on like 

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the child in conflict with the 
law. 

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But I don't think these are 
sufficient grounds to deny bail 

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to like a 15 year old. 
There can be cases where bail 

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can be denied, but I don't think
those conditions are being met. 

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That's Siddharth Pillai who's 
the Co founder and director at 

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the Rights Action Technology 
Inclusion or Rathi Foundation. 

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The Mumbai based organization 
works to address the issue of 

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violence against children and 
women online and its effects 

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offline. 
The RATI Foundation also runs a 

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helpline called the Merry Trust 
Line that helps children facing 

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online harm. 
That's the number we dread out. 

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At the start of today's episode,
Sinak Pillai tells Ambika Pandit

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that one big problem in such 
cases is that most victims of 

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online sexual abuse struggle to 
talk about the incidents even on

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an anonymous helpline. 
Because of the shame associated,

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they find it very difficult to 
share, right? 

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So our helpline, basically we 
take cases of cyberbullying, 

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which may not involve sexual 
content and cases of intimate 

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content that has been released 
or threatened to be released 

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without consent, which is in 
this case. 

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So even when a victim who's 
reaching out for intimate 

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content, they introduce as 
themselves as oh, I'm suffering 

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from cyberbullying, unless you 
sort of like build a rappo, the 

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victim will not be able to 
disclose or, you know, Wiz be 

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hesitant to disclose that Oh, my
content has been leaked. 

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And I do think that, like, you 
know, other systems that the 

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victim could reach out, they do 
have a trust deficit. 

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Siddharth says that in such 
cases, the child who may have 

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shared explicit material first 
has to reveal to an adult that 

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they have shared such photos or 
videos. 

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Then they have to face the blame
or may be shamed by various 

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adults they seek help from, 
including possibly their parents

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or the police. 
And all this happens while they 

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are dealing with the threat that
the photos or videos are being 

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widely shared on the Internet. 
When the victim calls her 

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counselor, she constantly tells 
her counselor, I am sorry, I am 

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sorry. 
So a large part of what a 

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counselor does is convince the 
victim that see, what you did is

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perhaps like, you know, like 
normal for your age, right? 

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You sent across an intimate 
photograph and not all of them 

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will be completely nudes as 
well, right? 

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So we will tell them you sent 
across an intimate photograph 

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and it's not your fault. 
So I think from the victim's 

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perspective, one of the things 
that really drives their 

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emotional upheaval and why they 
feel stressed is because they 

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feel it is their fault. 
I would like you to also tell us

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about what happens in this case,
you know, with the accused, 

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because he's also turning into 
this bully now who's not just 

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indulging in the crime but is 
also now trying to remove the 

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victim away from being a 
complainant and whatnot. 

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Most cases, victims are girls 
and the perpetrators are boys. 

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And in many of our cases they 
have maybe a previous 

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relationship or they have got 
into a relationship online, 

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right? 
So I think girls are aware that 

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if you send content, it may be 
stored on his phone, it may be 

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used to leak. 
So that guard is extremely up 

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even in like high profile cases,
like you know, like you can see 

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the Prajwal Revana case, right? 
It's mostly a screen recording. 

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So what victims will consent to 
is like, I won't send you 

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anything permanent on your phone
because they are aware that this

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is an issue, but I'm still in 
love with you. 

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I may have a relationship with 
you. 

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So let's get on a video call or 
I will send you a one time 

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message. 
Or like, you know, they take a 

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promise that the content will be
deleted. 

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But what the perpetrator does is
that they don't keep this 

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promise and they break this 
promise. 

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It's also a power dynamic that 
once I have someone's 

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photograph, if I need them to do
anything, I can give them the 

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dum key of, you know, I will 
leak your photograph, Meet me 

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today in the evening. 
Girl refuses. 

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I'll say, OK, I'm gonna release 
your photograph, right? 

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And then that power dynamic is 
established and then it slides 

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progressively into abuse. 
So in most cases, one of the 

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threats is that if you tell 
anyone, I'll leak, and then 

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there is a demand that if you 
don't want me to leak, send me 

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more content. 
And then again, it goes back to 

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if you tell anyone you leak. 
So then you entrap the victim in

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the cycle of isolation and cycle
of abuse. 

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And then it becomes extremely 
difficult for the victim to 

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break it, you know, because now 
there is much more content than 

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before. 
So in this manner, it's very 

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similar to how financial fraud 
is, right? 

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Like you get blackmailed, you 
send something, then they 

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blackmail you again. 
How many minors do you get on 

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both sides? 
Or is it mostly a grown up adult

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abusing a young victim? 
What is the age profile? 

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Do we see a lot of minors 
involved in this? 

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In the developmental sense, 
right, You get into a risk 

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taking age like, you know, you 
know, I'm going to get into 

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trouble, but I'll still do this,
right? 

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It can be like smoking or like 
doing a stunt on bikes, but you 

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will still do it. 
So that is your risk taking age 

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where your brain is still 
developing very clearly. 

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Our data shows that children 
between the age of 13 and up to 

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like, you know, young people 
till the age of 25 are the 

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majority of our cases, you know,
85%. 

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And I know like legally this 
becomes a bit weird because 

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those under 18 are regarded as 
children and 19 to 25 will be 

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regarded as young adults or 
perhaps adults. 

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Now, if you look at only 18, 
under 1830% of our cases have 

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minor victims. 
And if you look at like 

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perpetrators once again, like 
you know, around 25 to 30% are 

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minor perpetrators, right? 
Most of the perpetrators are 

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known to the victims. 
Like I think also in the 

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Uttarakhand case, right, they 
are in their immediate 

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neighbourhood. 
So in terms of like the profile 

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of perpetrators, like let's say 
about only 48% are strangers. 

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So people they've met online and
52% are known individuals. 

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Mostly they are ex partners. 
See that Pillai says that in 

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most cases involving teenage 
boys, it's mostly entrapment in 

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sexual extortion cases. 
Those are the sort of cases 

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widely prevalent right now and 
involve morph videos, messages 

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and calls on chat apps like 
WhatsApp and others. 

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There's an international 
research that young boys get 

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groomed within 20 seconds. 
And we thought it was like, you 

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know, a slightly exaggerated 
research, but then we started 

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getting screenshots, right? 
Like, so it's just like, are you

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sex interested? 
Are you sex interested three 

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times and the boy has already 
got on a call. 

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But for like to groom a girl or 
to fasao a girl, you first get 

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into a relationship, then you 
demand the photographs. 

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So the process is longer. 
So I think in most of these 

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relationship abuse cases, the 
victims are largely women and 

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the perpetrators are boys. 
But in sextortion cases, which 

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also involves child sexual abuse
material, the victims are more 

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boys, but the perpetrators are 
like organized criminals. 

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Siddharth Pillai says that there
are things we can do to make 

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things easier for the victims of
online sexual abuse. 

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He says the starting point is 
how police and online platforms 

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hosting such videos react to 
complaints. 

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We've had cases where the police
is looking at the content in 

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front of the girl, then the girl
is expected to give a statement 

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in front of that same police. 
The police has looked through 

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her entire phone. 
So I think it's not very easy 

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for the victim to even register 
a case. 

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The police must be more 
friendly. 

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I think like, you know, the 
police, like in a lot of our 

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cases, even when the victims 
approach the police stations, 

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the cases are not taken on 
board, you know, because 

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sometimes, like, you know, in 
online, it's like, oh, we don't 

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know where the perpetrator is, 
so we will not register the 

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case. 
Second, the biggest pain point 

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is the content must come down, 
right? 

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So who does it? 
So currently, it's vague. 

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A lot of people believe the 
police will issue content 

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takedown orders, but the police 
does not do it. 

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So there is a lack of 
communication from the police to

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the platforms as to like, you 
know, remove this content. 

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Even the platforms need to do 
more, right? 

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Like we've had a case of cyber 
bullying where the perpetrator 

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kept making new accounts on the 
same platform for over a year. 

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So can the platform take like a 
bigger cognizance of the issue 

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and ensure that this guy never 
makes it really challenging for 

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him to make another account 
because just udawing our account

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means that guy makes another 
account and continues troubling 

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the girl. 
But given that many of the cases

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targeting teenage girls involve 
boys of their own age, Sinaat 

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Pillai says that we also need to
be talking more with boys about 

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how to handle relationships. 
I think we need to 1st 

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acknowledge that largely many of
them are boys and I think there 

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is a real failure. 
I think, and I don't want to 

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sound like an older person, but 
there's a real failure in 

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handling breakups. 
You know, if somebody likes a 

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girl or if somebody they just 
don't know how to approach and 

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you know, they, they feel like, 
you know, coercing the girl or 

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like, you know, using the girl 
to, you know, like entrapping 

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the girl in abuse is a good way 
of like, you know, building 

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intimacy with the girl. 
And I think these two points 

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have been conflated. 
So it's a very toxic sort of 

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scenario. 
So I think that whole that men 

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connect and talking to the men 
and boys. 

227
00:12:04,920 --> 00:12:07,640
And I think even like, you know,
the educational department has 

228
00:12:07,640 --> 00:12:10,760
mentioned it needs to be done. 
And I think, you know, because 

229
00:12:10,760 --> 00:12:13,680
sometimes when we get cases 
where the perpetrator are boys 

230
00:12:14,280 --> 00:12:17,960
and we go to the police station,
I think we do feel like, you 

231
00:12:17,960 --> 00:12:22,120
know, bad that like, you know, 
like he's just 15, but he's done

232
00:12:22,120 --> 00:12:24,480
this horrible thing, you know, 
and can it be avoided? 

233
00:12:24,680 --> 00:12:28,040
So I think that the boy should 
do better is also a feeling that

234
00:12:28,040 --> 00:12:31,360
we experience right? 
Siddharth Pillai tells Ambika 

235
00:12:31,360 --> 00:12:35,000
Pandit that while victims are 
very traumatized by such cases, 

236
00:12:35,280 --> 00:12:38,600
even the teenage perpetrators 
who are caught in such cases see

237
00:12:38,600 --> 00:12:40,520
a massive upheaval in their 
lives. 

238
00:12:41,280 --> 00:12:43,880
What happens when such an 
incident occurs is that it 

239
00:12:43,880 --> 00:12:45,520
disrupts your entire life, 
right? 

240
00:12:45,720 --> 00:12:48,120
It disrupts your education, it 
disrupts your family life. 

241
00:12:48,120 --> 00:12:51,240
It disrupts your emotional life.
It disrupts many aspects. 

242
00:12:51,240 --> 00:12:54,400
It's not just this one issue. 
The effect spreads to all 

243
00:12:54,400 --> 00:12:57,120
corners of your life. 
And I'm sure when a perpetrator 

244
00:12:57,120 --> 00:13:00,920
is caught and he's 14 year old, 
his education is disrupted, his 

245
00:13:01,520 --> 00:13:04,720
emotional life is disrupted. 
Is there a way in which we can 

246
00:13:04,720 --> 00:13:08,080
look at this comprehensive 
solution, rehabilitation or 

247
00:13:08,080 --> 00:13:10,320
like, you know, reformation 
doesn't mean he will never do 

248
00:13:10,320 --> 00:13:13,200
this again. 
It has to be like, you know, can

249
00:13:13,200 --> 00:13:15,440
he come out of this as a better 
individual? 

250
00:13:15,720 --> 00:13:18,440
And whatever disruption and has 
occurred in his life, can we 

251
00:13:18,440 --> 00:13:20,760
solve for it? 
Because otherwise he has no 

252
00:13:20,760 --> 00:13:24,320
chance of reforming If you only 
focus on one aspect. 

253
00:13:24,560 --> 00:13:27,200
If you only take this minor and 
tell that like, you know, kalse 

254
00:13:27,200 --> 00:13:30,600
tirko mobile nahi milega, you're
never going to have access to 

255
00:13:30,600 --> 00:13:33,320
mobile ever, right? 
I don't think that solves the 

256
00:13:33,320 --> 00:13:35,320
issue. 
I really believe it's like a 

257
00:13:35,320 --> 00:13:39,440
symptom of something as large as
patriarchy and something as 

258
00:13:39,440 --> 00:13:42,760
large as like, you know, not 
being able to handle his own 

259
00:13:42,760 --> 00:13:47,080
emotional sort of issues. 
And because we deal with a lot 

260
00:13:47,080 --> 00:13:50,880
of cases and lot of cases 
involving exchange of content is

261
00:13:50,880 --> 00:13:53,240
the abuse and romantic 
relationships, right? 

262
00:13:53,520 --> 00:13:56,680
So the boy has been kind to the 
girl before and now, like, you 

263
00:13:56,680 --> 00:13:58,520
know, he's descended into this 
toxic type. 

264
00:13:58,840 --> 00:14:00,800
So could he have made a better 
choice? 

265
00:14:01,280 --> 00:14:03,960
So I think those things need to 
be examined. 

266
00:14:04,320 --> 00:14:07,040
And I feel like sweeping 
judgments on like 14 year olds 

267
00:14:07,040 --> 00:14:10,520
that affect other 14 year olds 
based on one case should be 

268
00:14:10,520 --> 00:14:21,360
avoided. 
You know Agana thuri B News 

269
00:14:21,360 --> 00:14:25,000
follow karte hai to Pune Porsche
murder case ke baare me abhi Tak

270
00:14:25,000 --> 00:14:30,480
to janhi guy honge. 
Is there any reason why this 17 

271
00:14:30,520 --> 00:14:34,880
year old eight-month boy should 
not be tried as an adult? 

272
00:14:34,880 --> 00:14:36,200
He knew exactly what he was 
doing. 

273
00:14:37,680 --> 00:14:39,400
The. 
Accused was initially booked. 

274
00:14:39,400 --> 00:14:41,520
For only death. 
By negligence. 

275
00:14:41,760 --> 00:14:46,720
Why was the police so? 
Negligent in filing that FIR. 

276
00:14:48,080 --> 00:14:51,200
Builder Vishal Agarwal son had 
allegedly gone out to party with

277
00:14:51,200 --> 00:14:55,080
his friends to two bars on the 
night of the 19th of May, where 

278
00:14:55,080 --> 00:14:57,960
he was allegedly served alcohol 
despite being under the age of 

279
00:14:57,960 --> 00:15:00,200
18. 
After leaving one of the bars, 

280
00:15:00,200 --> 00:15:03,800
he drove a sports car into a 
motorcycle and ended up killing 

281
00:15:03,800 --> 00:15:06,960
the two riders, both of whom 
were adults and workers in the 

282
00:15:06,960 --> 00:15:09,560
tech industry. 
He was initially charged under 

283
00:15:09,560 --> 00:15:11,960
various sections of the law, 
including negligence and 

284
00:15:11,960 --> 00:15:14,640
culpable homicide. 
The miner was then taken for a 

285
00:15:14,640 --> 00:15:17,320
blood test and produced before a
juvenile justice board. 

286
00:15:17,800 --> 00:15:20,560
He was granted bail within 15 
hours of his arrest. 

287
00:15:20,920 --> 00:15:24,360
He was told to work with Punes 
Yerwada traffic police for 15 

288
00:15:24,360 --> 00:15:28,720
days composer 300 word essay to 
undergo treatment for alcohol 

289
00:15:28,720 --> 00:15:31,760
dependency and to submit a 
report after the treatment. 

290
00:15:32,200 --> 00:15:35,480
But since his detention on the 
20th of May, the role of adults 

291
00:15:35,480 --> 00:15:37,960
in the case has been as 
problematic as the incident 

292
00:15:37,960 --> 00:15:40,920
itself. 
An NCP MLA from the Ajit Pawar 

293
00:15:40,920 --> 00:15:44,160
faction is said to have delayed 
the teenagers blood test to 

294
00:15:44,160 --> 00:15:45,920
ascertain the blood alcohol 
levels. 

295
00:15:46,400 --> 00:15:48,840
The teenager's father and 
grandfather are accused of 

296
00:15:48,840 --> 00:15:51,080
trying to get the family's 
driver to take the blame. 

297
00:15:51,440 --> 00:15:54,240
His father was on the run and 
has since been arrested. 

298
00:15:54,640 --> 00:15:57,360
Two doctors who collected the 
teenager's first blood sample 

299
00:15:57,360 --> 00:16:00,880
have been arrested for disposing
of the sample and preventing an 

300
00:16:00,880 --> 00:16:03,960
accurate assessment of whether 
he was intoxicated at the time 

301
00:16:03,960 --> 00:16:06,920
of the accident. 
Criminal cases involving 

302
00:16:06,920 --> 00:16:10,000
underage accused like in the 
Pune case often spark public 

303
00:16:10,000 --> 00:16:12,160
outrage. 
Whether it is the recent Pune 

304
00:16:12,200 --> 00:16:16,160
case or the Delhi gang rape case
of 2012, there is public outrage

305
00:16:16,160 --> 00:16:19,280
over an UN aged accused dealing 
with juvenile justice boards 

306
00:16:19,480 --> 00:16:22,800
instead of courts and jails. 
After the Delhi case, India 

307
00:16:22,800 --> 00:16:25,440
modified the law to allow 
juveniles to face trial as 

308
00:16:25,440 --> 00:16:28,400
adults in cases where crimes are
deemed heinous. 

309
00:16:28,920 --> 00:16:31,280
In the Pune case, despite the 
police first sending the 

310
00:16:31,280 --> 00:16:34,560
teenager to the Juvenile Justice
Board, they have now said that 

311
00:16:34,560 --> 00:16:37,840
they will attempt to ensure he 
faces trial as an adult. 

312
00:16:38,280 --> 00:16:41,840
Geetanjali Prasad at the Azim 
Premji Foundation and has worked

313
00:16:41,840 --> 00:16:44,680
in the realm of juvenile 
justice, tells Ambika Pandit 

314
00:16:44,680 --> 00:16:47,800
that the Pune police's actions 
aren't really a surprise. 

315
00:16:48,720 --> 00:16:52,800
In the context of this case, the
first sort of relevant narrative

316
00:16:52,800 --> 00:16:57,360
that rears its head is this idea
that the law is designed for 

317
00:16:57,480 --> 00:17:00,440
young criminals to evade 
punishment and evade the 

318
00:17:00,440 --> 00:17:02,040
rightful consequences of the 
law. 

319
00:17:02,800 --> 00:17:05,480
Geetanjali Prasad says that 
since the change in the law, 

320
00:17:05,640 --> 00:17:07,880
there's been a change in the 
intent of the law. 

321
00:17:08,200 --> 00:17:11,880
In the Pune accident case, many 
adults acted to try and subvert 

322
00:17:11,880 --> 00:17:14,520
the full extent of the law. 
However, in the case of poorer 

323
00:17:14,520 --> 00:17:18,119
children who have little family 
or institutional support, this 

324
00:17:18,119 --> 00:17:20,240
change in the law works against 
them. 

325
00:17:21,079 --> 00:17:25,880
The law was changed in 2015 
after the Nirbhaya rape case, 

326
00:17:25,880 --> 00:17:29,640
where there was a complete 
reversal, as it were, of 

327
00:17:29,640 --> 00:17:34,560
juvenile justice law, where the 
law now says that children 

328
00:17:34,560 --> 00:17:38,800
between 16 and 18 can be tried 
as adults after completing what 

329
00:17:38,800 --> 00:17:41,880
is known as a preliminary 
assessment under Section 15 of 

330
00:17:41,880 --> 00:17:46,120
the ACT. 
And what becomes relevant here 

331
00:17:46,200 --> 00:17:50,080
in the experience of anyone who 
has engaged with the JJ system 

332
00:17:50,680 --> 00:17:55,280
as a lawyer, as a social worker,
as a child who goes through the 

333
00:17:55,280 --> 00:17:59,040
system, as their family, they 
will see that despite 

334
00:17:59,360 --> 00:18:03,960
constitutional safeguards and 
despite procedural safeguards, 

335
00:18:04,560 --> 00:18:06,880
the law does not treat children 
equally. 

336
00:18:07,440 --> 00:18:11,040
There's a very beautiful section
of the the JJ Act that contains 

337
00:18:11,360 --> 00:18:15,000
the principles of the ACT. 
And there is a principle that 

338
00:18:15,000 --> 00:18:18,840
covers this idea of equality and
non discrimination based on 

339
00:18:18,840 --> 00:18:22,040
caste, class, background, 
disability. 

340
00:18:22,360 --> 00:18:27,960
And it calls for equal access to
opportunity and treatment under 

341
00:18:27,960 --> 00:18:31,080
the JJ law. 
But you know, like with any 

342
00:18:31,080 --> 00:18:34,840
other laws pertaining to the 
criminal justice system, whether

343
00:18:34,840 --> 00:18:38,320
we're speaking about adults that
go through it or children, there

344
00:18:38,320 --> 00:18:40,160
is an inequality in how people 
are treated. 

345
00:18:40,160 --> 00:18:42,600
And so, you know, this is coming
out in different ways. 

346
00:18:42,600 --> 00:18:46,600
You are understanding the you're
getting a glimpse of the the 

347
00:18:46,600 --> 00:18:49,480
social economic power that this 
family has because then our 

348
00:18:49,480 --> 00:18:54,960
reports of alleged coercion of 
the family's driver to take 

349
00:18:54,960 --> 00:18:57,040
responsibility for this 
accident. 

350
00:18:57,560 --> 00:18:59,760
And that has come out in the 
media and the police is 

351
00:18:59,960 --> 00:19:03,800
investigating it. 
So I think just as far as 

352
00:19:03,800 --> 00:19:06,200
context goes, it's really 
important to remember that 

353
00:19:06,200 --> 00:19:08,880
different children are treated 
differently under this law. 

354
00:19:09,760 --> 00:19:12,320
Geetanjali Prasad said that in 
the Pune case, the Juvenile 

355
00:19:12,320 --> 00:19:15,040
Justice Board, while roundly 
criticized in the public domain 

356
00:19:15,040 --> 00:19:18,320
for its seemingly lenient 
punishment, was actually acting 

357
00:19:18,320 --> 00:19:21,040
as per the law. 
The case filed by the police was

358
00:19:21,040 --> 00:19:23,880
not under a section of law that 
could be classified as a heinous

359
00:19:23,880 --> 00:19:26,200
offense. 
But while the Pune teenager was 

360
00:19:26,200 --> 00:19:28,960
set free by the board. 
Geeta Anjali tells the case of 

361
00:19:28,960 --> 00:19:32,160
another teenager she worked on 
who was charged with the same 

362
00:19:32,160 --> 00:19:35,640
sections of law as the Pune 
teenager but faced a fast 

363
00:19:35,640 --> 00:19:39,880
Richter punishment. 
This was a case of a boy who we 

364
00:19:39,880 --> 00:19:44,680
met in Dasna district jail in 
Ghaziabad in 2015 and at that 

365
00:19:44,680 --> 00:19:47,680
point the boy had already spent 
four years in prison. 

366
00:19:48,000 --> 00:19:50,280
He was charged under exactly the
same section. 

367
00:19:50,720 --> 00:19:56,200
He was apprehended by the 
railway police for the death of 

368
00:19:56,200 --> 00:20:00,360
a person who had fallen out of a
train when a crowd was gathered 

369
00:20:00,680 --> 00:20:04,840
at the door of the train. 
This boy worked as a vendor on 

370
00:20:04,840 --> 00:20:06,760
the train and he had grown up on
trains. 

371
00:20:06,760 --> 00:20:11,480
You can ask him about any train 
that passes through any of the 

372
00:20:11,480 --> 00:20:13,560
stations across the state of 
Uttar Pradesh. 

373
00:20:13,800 --> 00:20:15,680
He'll be able to tell you the 
timings. 

374
00:20:15,680 --> 00:20:17,960
He'll be able to tell you where 
they run to and from. 

375
00:20:18,240 --> 00:20:20,600
He remembers all of this like 
the back of his hand. 

376
00:20:21,080 --> 00:20:24,120
And. 
He was brought to our attention 

377
00:20:24,120 --> 00:20:26,960
not because there was some great
concern around this idea of 

378
00:20:27,640 --> 00:20:31,520
minors possibly being in jail, 
but because he had mental 

379
00:20:31,520 --> 00:20:36,000
illness and he had been 
diagnosed by the mental hospital

380
00:20:36,000 --> 00:20:37,480
in Banaras. 
He had been sent there for 

381
00:20:37,480 --> 00:20:42,840
treatment, had real extremes of 
emotion and so was clearly, you 

382
00:20:42,840 --> 00:20:45,400
know, a nuisance in the prison. 
And that's why his case was 

383
00:20:45,400 --> 00:20:48,280
brought to our attention. 
The police official had said to 

384
00:20:48,280 --> 00:20:51,160
him, I know you're a child, but 
if you go through the DJ system,

385
00:20:51,160 --> 00:20:52,600
you'll be stuck there for many 
years. 

386
00:20:52,920 --> 00:20:55,840
Just go to jail, and you will 
get out on bail as quickly as 

387
00:20:55,840 --> 00:20:57,640
possible. 
You know, just tell them you're 

388
00:20:57,640 --> 00:20:58,920
a child and you'll get out of 
jail. 

389
00:20:59,240 --> 00:21:02,640
But he had been there for four 
years, and he had no family that

390
00:21:02,640 --> 00:21:06,080
was concerned about him. 
We made a family visit to his 

391
00:21:06,080 --> 00:21:09,640
home in Pratapgarh and we 
learned that his brothers were 

392
00:21:09,640 --> 00:21:13,520
trying to take over his part of 
the land that had been left to 

393
00:21:13,520 --> 00:21:16,800
him by their father. 
And so they had no interest in 

394
00:21:16,800 --> 00:21:19,240
getting him out and he had left 
home because of the 

395
00:21:19,240 --> 00:21:21,520
discrimination he faced from his
older brothers. 

396
00:21:22,160 --> 00:21:24,720
In looking at this case, he 
finally gets out. 

397
00:21:24,720 --> 00:21:27,640
He's finally free. 
We asked for a bone ossification

398
00:21:27,640 --> 00:21:31,080
test to be done. 
The sessions judge is still not 

399
00:21:31,080 --> 00:21:33,600
willing to transfer the case to 
the JJB. 

400
00:21:34,040 --> 00:21:37,400
So this is an example of 
differential treatment. 

401
00:21:37,800 --> 00:21:41,600
There isn't the security net of 
a family and certainly the state

402
00:21:41,840 --> 00:21:45,520
has no concern for a child like 
this other than if he or she 

403
00:21:45,520 --> 00:21:48,520
creates a nuisance in whatever 
institution he is in and then 

404
00:21:48,680 --> 00:21:51,920
there's some movement around it.
There are certain safeguards 

405
00:21:51,920 --> 00:21:54,840
created, including how the 
preliminary assessment should 

406
00:21:54,840 --> 00:21:58,920
take place under the new law. 
But there have to be enough 

407
00:21:59,200 --> 00:22:02,360
procedural safeguards and rules 
built in that ensure that 

408
00:22:02,600 --> 00:22:05,880
children from poor families or 
children who are marginalized by

409
00:22:06,000 --> 00:22:10,080
by way of their caste or class 
or religion are treated equally 

410
00:22:10,080 --> 00:22:13,520
by the law. 
Monica Kumar is the Co founder 

411
00:22:13,520 --> 00:22:16,920
and a clinical psychologist with
the Manas Foundation, which 

412
00:22:16,920 --> 00:22:19,040
works with teenagers and 
children who are accused in 

413
00:22:19,040 --> 00:22:21,760
criminal cases. 
She tells Ambika Pandit that a 

414
00:22:21,760 --> 00:22:25,120
big problem with the system as 
it stands is that there's too 

415
00:22:25,120 --> 00:22:28,600
little focus on preventive 
programs that speak to teenagers

416
00:22:28,600 --> 00:22:32,560
and young adults. 
The whole system is geared for 

417
00:22:32,560 --> 00:22:35,600
redressal the moment something 
happens. 

418
00:22:35,600 --> 00:22:39,600
If a police comes to us late in 
the night and says OK, there has

419
00:22:39,640 --> 00:22:43,800
been a rape victim and you do 
the counseling or this is the 

420
00:22:43,800 --> 00:22:48,760
juveniles who has committed a 
hideous crime, what do you do at

421
00:22:48,760 --> 00:22:52,800
that time the person is close. 
Disclosure is very difficult. 

422
00:22:52,800 --> 00:22:57,040
We are a system of silence, but 
the effort towards preventive 

423
00:22:57,040 --> 00:23:00,480
work, which is, you know, the 
conversations about gender, the 

424
00:23:00,480 --> 00:23:05,440
conversations about what we need
to do as young people, what as 

425
00:23:05,440 --> 00:23:09,240
parents we need to do, what is 
society we need to do, so that 

426
00:23:09,240 --> 00:23:12,200
preventive work is, I think 
completely missing. 

427
00:23:12,200 --> 00:23:15,360
And we are again every time 
addressing this. 

428
00:23:16,240 --> 00:23:20,280
Monika Kumar says another issue 
with juveniles facing cases is 

429
00:23:20,280 --> 00:23:22,680
that regular counseling just 
isn't enough. 

430
00:23:23,840 --> 00:23:27,240
Within the reform homes we are 
of course looking at long term 

431
00:23:27,240 --> 00:23:30,880
engagement, we are looking at 
workshops, we are looking at 

432
00:23:30,880 --> 00:23:32,960
working with them. 
In reform homes simple 

433
00:23:32,960 --> 00:23:36,480
counselling doesn't work. 
So you need other kinds of, you 

434
00:23:36,480 --> 00:23:39,440
know, whether it is a career 
counselling, whether it is them 

435
00:23:39,440 --> 00:23:43,840
doing any kind of work which 
gives them some kind of a piece 

436
00:23:43,840 --> 00:23:47,800
or some kind of engagement. 
So well we are suggesting all 

437
00:23:47,800 --> 00:23:49,640
this. 
The question is that has your 

438
00:23:49,640 --> 00:23:52,560
counselling yielded any result? 
The person's behaviour is the 

439
00:23:52,560 --> 00:23:57,240
same, so I have no answers for 
that because it requires 

440
00:23:57,240 --> 00:24:00,200
patience. 
It requires a change not only in

441
00:24:00,200 --> 00:24:05,000
the person, but in the system. 
So what I've understood, Monica,

442
00:24:05,000 --> 00:24:08,360
is the fact that what you're 
saying is that consistency as of

443
00:24:08,360 --> 00:24:12,720
now is lacking prevention. 
When we talk, instead of 

444
00:24:12,720 --> 00:24:16,000
qualitative, we are looking at 
quantitative results, which you 

445
00:24:16,000 --> 00:24:19,960
feel should not be the way to 
look at it, but it should be an 

446
00:24:19,960 --> 00:24:25,240
ongoing process where the 
counseling should be made a 

447
00:24:25,240 --> 00:24:28,880
primary factor in the entire 
healing process. 

448
00:24:29,080 --> 00:24:30,520
Is that right? 
Is that what you're trying to 

449
00:24:30,520 --> 00:24:32,320
say? 
That's what I'm trying to say. 

450
00:24:32,320 --> 00:24:36,600
So don't start on a knee jerk 
reaction every time there is a 

451
00:24:36,600 --> 00:24:40,960
case and when it gets over we 
forget and we go back to because

452
00:24:40,960 --> 00:24:44,200
we have so many files to deal 
with, so many things to answer 

453
00:24:44,200 --> 00:24:48,160
to so many other things. 
And mental health is just a 

454
00:24:48,160 --> 00:24:53,280
priority on a paper which is not
really how it should be. 

455
00:24:53,280 --> 00:24:57,840
I mean it should be made as a 
holistic intervention which is a

456
00:24:57,840 --> 00:25:00,880
plug in intervention to all 
other critical interventions 

457
00:25:00,880 --> 00:25:04,440
which are happening and not just
whenever there is a crisis. 

458
00:25:05,280 --> 00:25:07,960
Another popular perception with 
juveniles in conflict with the 

459
00:25:07,960 --> 00:25:11,200
law is the belief that they are 
destined for a life of crime and

460
00:25:11,200 --> 00:25:12,640
there's no scope for 
reformation. 

461
00:25:13,000 --> 00:25:15,600
Monica Kumar, who has worked 
with many teenagers in 

462
00:25:15,600 --> 00:25:18,120
observation homes, says that's 
not the case. 

463
00:25:19,080 --> 00:25:22,880
As a mental health professional,
you know, we know that anybody 

464
00:25:22,880 --> 00:25:26,400
who comes with conduct or 
personality issues or where 

465
00:25:26,400 --> 00:25:30,360
there has been a serious crime, 
it's a long term work and 

466
00:25:30,360 --> 00:25:34,400
everybody has a right to reform.
It's not just with one person. 

467
00:25:34,400 --> 00:25:37,520
And you know, you don't see the 
change just in one person. 

468
00:25:37,520 --> 00:25:42,160
But let's say that you reach out
to 102 will change and who are 

469
00:25:42,160 --> 00:25:45,200
we to label this as somebody 
who's not ready? 

470
00:25:45,200 --> 00:25:47,960
And sometimes, you know, you 
keep working and the day comes. 

471
00:25:48,520 --> 00:25:50,920
It's like with the autistic 
child now you start teaching 

472
00:25:50,920 --> 00:25:52,440
that child and there is no 
language. 

473
00:25:52,440 --> 00:25:54,920
And one day you want to give up.
And suddenly they're speaking 

474
00:25:54,920 --> 00:25:57,600
the line. 
So do we wait for that line or 

475
00:25:57,600 --> 00:26:00,000
do we just give up? 
It's something that I won't give

476
00:26:00,000 --> 00:26:02,320
up on. 
And I feel that, you know, you 

477
00:26:02,320 --> 00:26:05,280
have to hit the cord and you 
have to figure that person out. 

478
00:26:05,280 --> 00:26:09,840
There is a human part of it that
nobody has actually had the 

479
00:26:09,840 --> 00:26:12,960
conversation with them. 
That person also is rejecting 

480
00:26:12,960 --> 00:26:14,760
the system and we are rejecting 
him. 

481
00:26:15,320 --> 00:26:18,840
So we need to come and 
understand and adapt to each 

482
00:26:18,840 --> 00:26:22,440
other and figure a way out. 
Geetanjali Prasad was part of a 

483
00:26:22,440 --> 00:26:25,200
research project that found that
close to 10,000 underage 

484
00:26:25,200 --> 00:26:29,040
prisoners were moved from jails 
to juvenile homes between 2015 

485
00:26:29,040 --> 00:26:31,520
and 2021. 
This was because they were 

486
00:26:31,520 --> 00:26:34,240
wrongly sent to jails and kept 
in custody with adults. 

487
00:26:34,880 --> 00:26:37,440
Geetanjali says poorer children 
who face the criminal justice 

488
00:26:37,440 --> 00:26:40,600
system are often clueless about 
what to do and don't even get 

489
00:26:40,600 --> 00:26:43,640
good lawyers appearing for them.
She says that many lawyers don't

490
00:26:43,640 --> 00:26:46,200
want to represent these children
because they are poor and are 

491
00:26:46,200 --> 00:26:49,240
seen as having no future. 
She says we need a system that's

492
00:26:49,240 --> 00:26:52,240
accountable to the children and 
to society at large. 

493
00:26:53,320 --> 00:26:56,320
It is this idea of, you know, 
why should we fight for these 

494
00:26:56,320 --> 00:26:58,240
kids? 
Which is not to say that legal 

495
00:26:58,240 --> 00:27:00,080
aid doesn't exist. 
Legal aid exists. 

496
00:27:00,400 --> 00:27:03,640
There are, you know, many legal 
aid lawyers in, especially in 

497
00:27:03,640 --> 00:27:06,200
metros that are now working on 
some of these matters. 

498
00:27:06,480 --> 00:27:10,800
But is it a system that has, you
know, where people are willing 

499
00:27:10,800 --> 00:27:15,840
to fight with principles of 
legal aid and justice that are 

500
00:27:16,240 --> 00:27:19,640
confrontational, you know, that 
will demand of the system that 

501
00:27:19,640 --> 00:27:21,600
it is equally accountable to all
children? 

502
00:27:22,000 --> 00:27:24,520
That is what remains to be seen.
That is the larger vision of 

503
00:27:24,520 --> 00:27:28,600
what legal aid should be, not a 
meek system that just does 

504
00:27:28,600 --> 00:27:32,680
what's easy, but a system that 
pushes the law to, you know, 

505
00:27:32,680 --> 00:27:35,720
work in its best possible way 
for the rehabilitation and 

506
00:27:35,720 --> 00:27:39,040
reform of all children. 
But how does all of this connect

507
00:27:39,040 --> 00:27:41,440
to the Pune case? 
What connects the case of an 

508
00:27:41,480 --> 00:27:44,360
economically backward teen 
accused of pushing someone off a

509
00:27:44,360 --> 00:27:48,000
train and wrongly sent to a jail
to build a son whose family did 

510
00:27:48,000 --> 00:27:50,000
everything possible to get him 
off the hook? 

511
00:27:50,560 --> 00:27:53,600
Geetanjali Prasad says one needs
to look at the idea behind the 

512
00:27:53,600 --> 00:27:56,280
juvenile justice law. 
She says the Pune case should 

513
00:27:56,280 --> 00:27:59,560
open our eyes to the problems 
that lie within the juvenile 

514
00:27:59,560 --> 00:28:03,760
justice system. 
It was put forth with this idea 

515
00:28:03,760 --> 00:28:08,960
that juveniles committing crime 
happens because of harsh socio 

516
00:28:08,960 --> 00:28:13,560
economic realities. 
And that therefore, you know, 

517
00:28:13,560 --> 00:28:15,240
based on the fact that these 
children don't have an 

518
00:28:15,240 --> 00:28:19,160
environment that is supporting 
them to be responsible, take 

519
00:28:19,160 --> 00:28:23,240
decisions maturely, you have to 
have a situation that gives them

520
00:28:23,360 --> 00:28:26,480
a law that gives them the chance
for rehabilitation. 

521
00:28:26,480 --> 00:28:31,320
And my point on this is just 
here you see inequality acting 

522
00:28:31,320 --> 00:28:35,600
out in the system to use the 
best parts of this act in an 

523
00:28:35,600 --> 00:28:38,960
exceptional case, in a 
preferential manner, right? 

524
00:28:39,320 --> 00:28:42,640
And that's what I find very, 
very egregious about it. 

525
00:28:43,000 --> 00:28:44,960
I think the fact that the 
juvenile was given bail 

526
00:28:44,960 --> 00:28:47,000
immediately is again, another 
question. 

527
00:28:47,200 --> 00:28:50,240
The mother of of the person 
killed is saying it's taken over

528
00:28:50,240 --> 00:28:54,440
50 hours for me to cremate my 
son, but it's taken, you know, 

529
00:28:54,440 --> 00:28:57,560
under 15 hours for this juvenile
to get out on, on bail. 

530
00:28:57,880 --> 00:29:01,760
So yes, certainly it it raises 
questions, I think not about 

531
00:29:02,080 --> 00:29:06,280
whether the ACT in itself is 
good or not and and whether it 

532
00:29:06,280 --> 00:29:09,200
should have harsher provisions. 
Certainly, I don't think it 

533
00:29:09,200 --> 00:29:12,880
should have harsher provisions 
if this incredibly high number 

534
00:29:12,880 --> 00:29:17,040
of children, just as as one data
point, are ending up in prisons 

535
00:29:17,040 --> 00:29:19,960
when they shouldn't be, most of 
whom would not have committed 

536
00:29:19,960 --> 00:29:22,960
heinous offences, right? 
They're just in for petty 

537
00:29:22,960 --> 00:29:25,320
offences. 
But but I think the more 

538
00:29:25,320 --> 00:29:27,840
critical question it raises is 
about the inequality in 

539
00:29:27,840 --> 00:29:30,840
accessing the criminal justice 
system, including the JJ system,

540
00:29:31,120 --> 00:29:34,320
and how people are allowed to 
use muscle power, money power 

541
00:29:34,600 --> 00:29:37,240
for preferential ends. 
And if it hadn't been reported, 

542
00:29:37,440 --> 00:29:40,840
then, you know, this kid could 
probably be out Scott free. 

543
00:29:41,000 --> 00:29:45,680
So this is where the role of 
society citizens comes into 

544
00:29:45,680 --> 00:29:49,200
play, that we all have to be 
concerned about these questions.

545
00:29:49,200 --> 00:29:52,360
We all have to engage. 
It cannot be a momentary outrage

546
00:29:52,480 --> 00:29:55,480
when there's an exceptional case
in the JJ system where a rich 

547
00:29:55,480 --> 00:29:59,080
child is getting off easy. 
There has to be a constant 

548
00:29:59,080 --> 00:30:02,040
engagement by civil society, by 
concerned citizens. 

549
00:30:02,440 --> 00:30:06,440
It cannot be a knee jerk one 
time response in asking for 

550
00:30:06,440 --> 00:30:08,640
accountability. 
That accountability should be 

551
00:30:08,640 --> 00:30:11,160
asked for in every case that 
goes before JJ BS in this 

552
00:30:11,160 --> 00:30:13,880
country. 
And I know that's it's quite a 

553
00:30:13,880 --> 00:30:18,040
leap to ask demand something 
like that, but that is what that

554
00:30:18,040 --> 00:30:19,600
is what a just system would look
like. 

555
00:30:19,640 --> 00:30:23,000
This outcome would never be 
allowed to happen if the same 

556
00:30:23,000 --> 00:30:26,480
degree of care goes into every 
case that comes before JJ BS. 

557
00:30:26,480 --> 00:30:30,440
And if every child has equal 
opportunity before the JJB, it 

558
00:30:30,440 --> 00:30:35,280
would never happen. 
Today's episode was produced by 

559
00:30:35,280 --> 00:30:39,840
Jayaraj Singh and Sahil Gupta. 
For a daily spotlight on people,

560
00:30:39,880 --> 00:30:43,880
ideas and stories that matter, 
subscribe to us where available 

561
00:30:43,880 --> 00:30:48,000
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562
00:30:48,000 --> 00:30:50,080
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podcasts. 

563
00:30:50,600 --> 00:30:53,000
For any news, tips or feedback, 
mail me at 

564
00:30:53,080 --> 00:30:56,000
arungeorge@timesgroup.com.
