ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

How to deal with Minor? Is it a minor issue.

Updated on April 13, 2016
Source

Who is a Minor under various acts?

As per contract act a person who is under the age of eighteen is a Minor who can enter into a contract if it gives some benefit to the minor and does not bind the minor to bear any obligation. By entering into an agreement a minor can bind all other parties except himself.

As per Child Marriage Restraint Act, a male below the age of 21 years and a female below the age of 18 years are not competent to contract a marriage.

As per Transfer of Property Act and India Succession Act, a minor can hold property in his/her name though is not competent to deal with the property. Any agreement with the minor under the Transfer of Property act is null and void abinitio.

If a legal guardian is appointed by a court of law then the age of majority is extended from 18 years to 21 years. As such marriage laws and majority laws to deal with the property of the minors provide protection to the minors up to the age of 21 years.

Explanation: If a person after attaining the age of 18 years purchases a property and deals with the property purchased by him/her after attaining majority then he/she can deal with the property himself/herself.

As per Indian Penal Code for a child, who has not attained sufficient understanding and maturity to judge the nature and consequence of his/her conduct at a particular occasion, nothing is an offense up to the age of 7 years and the child has total immunity from criminal responsibility. From 7 to 12 years, the liability depends upon capacity to understand and from 12-18 years, though the liability is not conditional, Juvenile Justice Act provides for the care and protection of the minor child.

Generally, all over the world, adults are eligible to caste their votes. In India, persons with an age over 18 years, before 1989 the prescribed age was 21 years, are eligible to caste their vote in elections. Still in some countries the voting age is above 21 years.

In advanced countries like USA there is a provision for emancipation where Minors can seek freedom from controls of guardians or parents before they attain majority subject to certain restrictions.

Facebook can not be used by minors under the age of 13 years. But I think there is no provision for the FB to verify the age of the users as FB asks its users to provide real name without any false information. Onus of proving the correctness of the information lies on the user.

As per contract act a minor can bind all other parties except himself. I throw the following debate open through comments by learned, experienced and intelligent hubbers at HP across the globe especially from advanced countries like USA and UK:

On the web we see so many commercial websites owned by big corporate and small entities. While dealing with such websites how can one come to know that the site might be owned by a Minor or Group of Minors as in today’s modern world there are intelligent and smart minors who know the intricacies of the web more than their audiences. If such minors indulge into nefarious or illegal activities then I think no one can recover financial losses from a minor or group of minors. There is a strong need for verification of real name, date of birth address and real identities of all the persons who get their Domain Name Registered. DNS provides must prompt the individuals and legal entities to upload their verifiable proofs of identity along with their registration as a separate legal entity otherwise it is feared that the virtual world will become a source of unending legal battle and cheating ground.

Minors need to be adjudged Minors by Age or Brain?

See results

Author's Opinion

Date of birth or age should not be the criteria for deciding if the person is a minor or a major. Even a minor can have more sharp mind than the major and major can have undeveloped brain, behaving like a child. The national governments should make arrangements to get the IQ level tested every five years to certify any person as adult or minor. Such arrangements can be made in schools, colleges, workplaces so that no legal minor gets protection of minority simply because of date of birth or age. Just think of a situation in which the minor with date of of birth as 01/01/1995 becomes major on 01/01/2013 after attaining age of 18 years and if the same person committing a crime before midnight of 31/12/2012 will be dealt as minor in law and there is no logic that with the clock ringing 24.00 hrs. at midnight will make all the difference. The author calls upon the readers and legal institutions to come up with their views on this burning issue.

Transitional Phase for Minors

Let the minors neither become majors at the age of 18 nor at the age of 21 at the strike of the midnight hour when the minor will jump over to majority within a fraction of a second. Majority or maturity does not come overnight and it is a long process. Let the minors remain minors up to the age of say 12 or 13 years and become majors at the age of 18 to 21 years according to the law of the land. Such minors within the age group of 13 to 18 or 12 to 18, 13 to 21 be kept under transitional phase. The minors should be asked to give them the status of majors at their will and to declare them major before the age of majority let them pass through written and oral tests followed by medical tests and interview. While the willing minors be given the status of majors the remaining minors should be asked to submit a declaration to not to do any illegal acts so as to retain them the status of a Minor. Willingness option should be allowed to be exercise once every calender year. Such steps will make the Minors to become responsible members of the society even without becoming majors or matures.

Definition of Minor needs to be changed with Changing times

I think that the very definition of "Minor" needs to be changed with the changing times. Just watch the YouTube Video on the right about Internet Baby Commercial. Can the kid be considered a minor while looking towards the age of the brain of the internet baby or future baby. What I mean to stress upon through this video that minors by age may be major by brain and vice versa. Some children may become mature or majorat 14 years of age while others may remain minors even at the age of 21 in case their brain or mind is not fully developed. Now let us take the case of Indian Daughter, Nirbhaya - the infamous Delhi gang rape case. As per newspaper and online news the juvenile convict in the Nirbhaya rape and murder case may walk free on December 20,1015 unless the Delhi high court intervenes in support of concerns by the Central Government of India. Public opinion also supports the concerns of the Central Government. Here also the point involved is that the convict, who was minor aged about 17 years at the time of heinous crime, was mentally mature for having committed the gang rape and murder. The gang rape case generated discussion in India to change the law to lower the age of minority from 18 years to 13 years as in case of other developed and advanced countries. I also agree that real culprits who commit crimes in the guise of minors should not go scot free only because of the reason that law protects the rights of the minors. It would be better to reduce the age of minor from 18 to 13 years across the globe uniformly with the tagging that everyone who crosses the age of 13 years will have to undergo medical and psychological tests every year to decide if he or she has attained majority or not as per the age of his or her mind. Such certificates of majority may be issued by authorised institutions annually and be made valid for one year on calendar year basis for the rest of the life in digital form to be linked with Aadhaar ID (in India) or say Social Security Number ( in United States). If you agree or disagree, then write your views on this burning topic in the comments below.

© 2013 Ashok Goyal

Comments

    0 of 8192 characters used
    Post Comment

    • Navneet Sood profile image

      Navneet Sood 

      2 years ago from Rajpura Punjab India

      OMG, To deal with minors is really a complex issue. It is very difficult to draw lines in between majors and minors.

    • Ahdilarum profile image

      Ahdilarum 

      4 years ago

      Some minors are brilliant than majors. They can't be underestimated based on their age only.

    • msdielise profile image

      msdielise 

      4 years ago

      Minors are hard to control. But if they are guided in the right way, things will be a lot easier. I think that raising them in a good and positive environment will avoid them from having bad habits.

    • JB-GUPTA profile image

      Jai Bhagwan Gupta 

      4 years ago from Rajpura

      Minor's need to called minor on the basis of their mental strength and not age or date of birth. A minor may do major acts and majors may behave like minors.

    • PaoloJpm profile image

      John Paolo B.Magdaluyo 

      5 years ago from Philippine

      This is true! minors in my Country today are most majors in evening news . And most of them commits robbery, gun shots, abused and other criminal acts. The painful thing is that, since, the law governs their protection against abuse. But today, they are. Moreover, there are people using minors to commit criminal acts since, the law wont punish them yet.

    • wqaindia profile imageAUTHOR

      Ashok Goyal 

      5 years ago from 448 Dalima Vihar Rajpura 140401 Punjab India

      Indeed !

    • webquestionanswer profile image

      Neha Goyal 

      5 years ago from Rajpura 140401 Punjab India

      Really it appears that Minors have become Majors.

    • Nell Rose profile image

      Nell Rose 

      5 years ago from England

      Really good information for anybody needing to know these issues, nell

    working

    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://hubpages.com/privacy-policy#gdpr

    Show Details
    Necessary
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
    Features
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Marketing
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Statistics
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)