The Juvenile Justice: care and protection of children
Tejashree Anant Salvi
INTRODUCTION
The Latin maxim 'Nil Novi Spectrum', which means "nothing new on this earth," is best suited for India's Juvenile Justice System. Since the beginning of time, there has been an assumption throughout the world that juveniles should be treated leniently because there is a school of thought that says Young people have a tendency to respond in a serious and prolonged frustration that is accompanied by aggressive approaches. In recent years, it has also been observed that the number of crimes committed by children aged 15-16 has increased significantly. The general tendency or psychology behind the commission of crime, or the causes of crime, is early-life experiences, dominant masculinity, upbringing, economic calamity, lack of education, and so on. It is an embarrassment that children between the ages of 6 to 10 are now used as instruments for carrying out unlawful or illegal activities. Because children's minds are innocent and manipulative, they can be enticed at a low cost.
Juvenile Justice Act
There was a Children Act of 1960 that aimed to give effect to international responses to the issue of Juvenile Justice by providing a uniform policy that protected the interests and rights of a minor and which concerned the care, treatment, rehabilitation, and development of a child as such. However, with recent developments in the international community and the subsequent emergence of Juvenile involvement in crime, Indian legislators are compelled to propose new, progressive, and stricter laws for the country's concerned Juvenile system. As a result, the Parliament passed the Juvenile Justice Act of 1986, the Juvenile Justice Act of 2000, and the Juvenile Justice Act of 2015. Former Chief Justice of India, Justice V.K.Krishna Iyer once said that we need a penal code because the child is the father of a man, and if we neglect child development, we will be guilty of many faults and errors related to abandoning our children. The crime rate among children under the age of 16 has risen in recent decades. The increase in the crime rate could be attributed to the child's school environment, economic conditions, lack of education, and parental care. These are some of the most important reasons. The most disheartening aspect is that children (particularly those aged 5 to 7 years) are now being used as a tool for committing crimes because their minds are very innocent at that age and can easily be manipulated. On December 16, 2012, the terrifying "Nirbhaya Delhi Gang Rape Case" shocked the entire nation, sparking numerous debates among the legal community and socialists. The main reason for the debate was the involvement of the defendant, who was only six months away from turning 18. The accused's involvement in such a heinous crime of rape compelled the Indian Legislation to enact a new law, then the Indian parliament enacted a new law known as “Juvenile Justice (Care and Protection), 2015.
Section 2(e) of the Children Act of 1960 states that a "child" is defined as a boy under the age of sixteen or a girl under the age of eighteen
The United Nations Convention on the Rights of the Child, 1989 defines a human being as a “child “being under the age of eighteen, unless the law declaration applicable to child, majority is attained earlier.
Juvenile Justice Act, 2000
The Act was enacted in 2000 with the aim of protecting children. The mentioned was amended twice, first in 2006 and then again in 2011. The amendment was made to address the implementation gaps and loopholes. In addition, the increasing number of juvenile delinquency cases in recent years, as well as the harrowing “Delhi gang rape case”, has forced lawmakers to pass laws. The main drawback of the law was that it contained ill-equipped legal provisions, and the dysfunctional Indian youth system has also been an important factor in preventing juvenile delinquency. The Juvenile Justice (Care and Protection) Act 2015 quickly replaced the law.
Difference between Juvenile and Child
A minor is a person who is under the age of full legal obligation and responsibility, or who is under the legal age of eighteen years. A child accused of a crime is not tried as an adult and is sent to the Child Care Center, whereas a juvenile is someone aged sixteen to eighteen. A juvenile offender is a young person who has been accused of a crime and is tried in court as an adult. Both terms have the same meaning in general, but the difference lies in the context of the legal
implications. Minor refers to young people and adolescents while juvenile refers to an immature person or a juvenile delinquent.
Juvenile Justice Board
A Board shall be established for the purpose of conducting investigations and hearings in juvenile matters that are in conflict with the law. The Council is composed of the Chief Magistrate and two social workers, one of whom is a woman. The law states that the Council may not in any way regulate or operate from the normal premises of a court. The decision of the Principal Magistrate is final.
Juvenile Justice Board Special Procedure: The Act specifies the procedure for dealing with juvenile offenders. The main special procedures are as follows:
The proceedings cannot be started based on a complaint filed by the police or a citizen.
The hearing must be informal and strictly confidential.
Following detention, the offenders should be placed in an Observation Home.
A lady Magistrate will preside over the trial of a juvenile in violation of the law.
When the Board is not in session, a child who is in violation of the law may be brought before an individual member of the Board.
Juvenile Justice and Constitution of India
The Constitution of India is considered the fundamental law of the country. The rights and duties of citizens are enshrined in the Constitution. It also includes provisions for the operation of the government machinery. Part III of the Constitution provides Fundamental Rights for its citizens, while Part IV provides Directive Principles of State Policies (DPSP), which serve as general guidelines in framing government policies. The Constitution has established certain fundamental rights and provisions, especially for the welfare of children.
CONCLUSION
The rising rates of juvenile crime in India are a serious concern that must be addressed. Although the government has enacted various laws and rules to reduce juvenile crime, the current laws on
juveniles are not having a deterrent effect on the juveniles, so the results are not fruitful and the legislative intent is not being achieved.
REFERENCES
https://blog.ipleaders.in/juvenile-justice-system-india/
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