Essay On The legality of the neglect of a minor from the laws of the UK in reference to the book “THE ABDUCTION” by John Grisham

Essay On "The legality of the neglect of a minor from the laws of the UK" in reference to the book “THE ABDUCTION” by John Grisham

Author :- G Deepika, a BBA LLB Second Year Student of NMIMS ,Navi Mumbai

Theodore Boone is a 13-year-old boy whose closest friend, April Finnemore disappears from her bedroom and the police had no lead in finding. Although he appears strong on the outside and is extremely knowledgeable about the law, we can feel how emotionally distressed he is. Theo's narration also elucidates several legal facets essential to the novel's premise. 

There are a number of legal concerns at play in the story, but the kidnapping itself is precipitated by April's abandonment as a minor. Theo reveals that her father often travels away for weeks and that she often goes without seeing her mother for days at a time. This leaves the minor alone without any protection. The expression of her feelings was seen towards the end of the story (Chapter 24) when she explains that all she needs is a normal house which has been a euphoric dream until now. She wishes for her parents not to abandon her and to protect her. 

In this narrative, the minor's negligence is not treated as an offence. However, April did not receive adequate emotional support from either of her parents which gave her trauma emotionally and physically.

In general, when people think of child abuse, they automatically think of physical abuse. While neglect of a kid's physical health, mental well-being, or medical care also falls under the category of "child abuse”.

It is a criminal offence in England under the Children and Young Persons Act of 1933 to neglect a minor. 

Drawing parallel references from the book, In the end, April's father is revealed to be the one who abducted her; therefore, she was never safe from harm. Nonetheless, given the circumstances, it is possible that someone other than her father would have kidnapped her. So, the safety provided to her was not enough to keep her from harm. There was no one with her to keep her under supervision.

 She wasn't just vulnerable to physical harm because she wasn't protected, but because she was also emotionally spent. Evidently, she was deeply dissatisfied with the family situation because of their parent’s continual bickering and discussion of divorce.

These satisfy the criteria of neglect from the parents of the 13-year-old minor to receive punishment under the Children and Young Persons Act of 1933. In general, the maximum sentence is 10 years of custody.  In her case, it was of medium culpability and of category two. Hence, the starting point is from a year of custody to maximum of 2 years 6 months of custody. If the offence had happened after 28 June 2022, the maximum custody would be of 14 years. Some other laws in England which apply to April are The Children Act, 2004 and Human Rights Act, 1998.

One such case that is similar to April Finnemore is the R v J and Another [2014] EWCA Crim 1446 and a book that connects the journey of April is Sharp Objects by Gillian Flynn. It discusses how the protagonist's childhood trauma has reverberations into the present and is still not fully healed. In the same vein, April thinks she will forget about them after leaving their residence. But unless she gets over it, it'll always be remain a childhood trauma for her.

Drawing a conclusion, April Finnemore, although being a minor, was not given protection by her parents and was not under any supervision for days. In addition, she suffered serious psychological damage as a result of her parents' constant bickering. And that was a bad environment for a kid her age to be. Reaching towards the novel’s end, we feel the parents' anguish as they contemplate losing custody of their daughter.

BIBLIOGRAPHY

1. John Grisham, Theodore Boone: The abduction (2012). 

2. Children and Young Persons Act 1933, 1(1)(1), Acts of Parliament, England (1933). 

3. Children and young persons act 1933, 1(2)(a), Acts of Parliament, England (1933).

4. Children and Young Persons Act 1933, s.1(1), Magistrate Court, (1933)

5. Exposure and abandonment of child under twelve years, by parent or person having care of it, s.317 IPC, Acts of Parliament