Introduction:
The Latin law best suited to the justice system at Juvenile Justice in India is ‘No Novi Spectrum’ which means there is nothing new in this world. There has been a global outcry since ancient times when Juvenile people should be treated fairly because there is a system of thinking – Young people often have a tendency to respond with great and long-lasting frustration associated with aggressive behaviors.
Over the past few years, it has also been observed that crimes committed by children under 15-16 years have increased dramatically. Typical tendencies or psychology after criminal commitment or the causes of crime are the early stages of life, strong manhood, upbringing, economic decline, lack of education, etc. It is a matter of shame that children under the age of 6-10 these days are being used as objects for illegal or illegal activities. Since children’s minds are chaste and deceptive, they can be seduced by small amounts of money.
Prior to the Juvenile Justice Act of 2015, 2000, and 1986, there was the Children’s Act of 1960 which was intended to give effect to the international response to the Juvenile Justice case in which they provided the same policy that protected the interests and rights of the Child. each.
But with the recent developments in the international community and the emergence of criminal involvement, Indian law enforcement agencies are forced to come up with new, progressive, and stronger laws for the system of children involved in the country. As a result, the Juvenile Justice Act of 1986 and then the Juvenile Justice Act of 2000, and more recently the 2015 Juvenile Justice Act was approved by Parliament.
Former Chief Justice of India, Justice V.K. Krishna Iyer said we need a disciplinary code because a child is the father of a man and if we neglect the development of children, then we will be guilty of many mistakes and mistakes related to leaving our children.
In the last few decades, the crime rate among children under the age of 16 has increased. The reason for the increase in crime is likely to be due to the child’s upbringing, economic situation, lack of education, and parental care. These are just some of the reasons. Sadly, children (especially those under the age of 5 to 7) nowadays are now being used as a tool to commit crimes as at this time their minds are clear and can be easily manipulated.
The horrific incident of the “Nirbhaya Delhi Gang Rape Case” on December 16, 2012, shocked the entire nation and many negotiations were started between legal and civil society organizations. The main reason and issue for the debate was the involvement of the suspects, who had only six months left to reach the age of 18. The defendant’s involvement in the heinous crime of rape forced Indian law to introduce a new law which is why the Indian Parliament introduced a new law known as Juvenile Justice (Care and Protection), 2015.
The introduction of the Act replaced existing children’s laws and introduced some surprising changes. One of the most amazing changes is that a young person under the age of 16 to 18 should try as an adult.
Definition of Child and Youth under the Juvenile Justice Act, 2015 and various other laws
Generally, “child” means a person who has not yet reached the age of 18 and has not yet developed a sense of right and wrong. Nowadays, the penal code of many countries has adopted the principle of ‘doli incapax’ which means to know that an act committed there is a crime. The penal code also states that only a child between the ages of seven and twelve can be sentenced, provided that the act they committed is a serious offense and they are knowledgeable and have sufficient knowledge to understand the consequences of their action.
In terms of section 12 of Section 2 of the Juvenile (Care and Protection) Act, 2015 “child” means a person under the age of eighteen years. The law divides the word “child” into two categories: –
“A child of lawlessness” and
“A child in need of care and protection”
A child who has committed a crime and is under the age of 18 on the day of the conviction is called a “criminal child”. The second subsection states “child in need of care and protection” means an advertisement for a child defined under Section 14 of the Act.
Children’s Act, 1960: Section 2 (e) of the Act says “child” means a boy under the age of sixteen years or a girl under the age of eighteen years.
United Nations Convention: The UN Convention on the Rights of the Child, 1989 defines a “child” as a person under the age of eighteen unless a legal declaration applies to a child, the majority of which is acquired before that.
Differences between juvenile and Child :
A person under the age of full legal obligation and responsibility is a minor or a person under the legal age of eighteen years is minor. A child accused of a crime is not tried when he or she is older and sent to a child care center and a child is a person between the ages of sixteen and eighteen. A young person accused of a crime is a young offender and is being tried as an adult in the courts.
In a general sense, both words have the same meaning but still, the difference is at the level of impact in the eyes of the law. Less means young people and youth and a child shows an immature or sinful person.
History of Juvenile Justice System in India:
In modern times, a specialized treatment program for juvenile offenders has begun worldwide, including many developed countries such as the U.K., U.S.A. The movement dates back to about the 18th century. Prior to this, child offenders were treated in much the same way as other offenders. And for the same reason, the General Assembly of the United Nations adopted the Convention on the Rights of the Child on November 20, 1989. This conference seeks to protect the interests of child molesters. The agreement states that in order to protect the social cohesion of the child, there will be no justice and no court cases. This Agreement guides Indian Law to repeal the Juvenile Justice Act, 1986 and to enact new legislation. Thus, Indian law came up with a new act called “The Juvenile Justice (Care and Protection of Children) Act, 2000.
Juvenile Justice, 1986, which repealed the previous Children’s Act, 1960, intended to provide guidelines contained in the Juvenile Justice Jurisdiction adopted by the UN in November 1985. The above Act contains 63 Sections, 7 chapters, and extends to it. all over India expected from the Governments of Jammu and Kashmir. The main purpose of the Act was to provide for the care and protection, treatment, development, and rehabilitation of juvenile delinquency. The main objectives of the Act are:
This act has set the same framework for child justice in the country in a way that protects the rights and interests of youth.
It talks about equipment and infra – the structure of care, preventive treatment, development, and rehabilitation of young abusers.
It sets out the basic provisions for the proper administration and justice of criminal justice in the event of serious crimes committed by child offenders.
Juvenile Justice Act, 2000 :
The Act was enacted in 2000 with the intention of protecting children. These proposals were amended twice – first in 2006 and later in 2011. An amendment was made to address the gaps and gaps in the implementation of this plan.
In addition, the increase in child crime over the years and the horrific incidents of the “Delhi Gang Rape Case” have forced lawmakers to come up with a law. What is worse about this Act is that it contains incorrect provisions of the law and an ineffective youth program and has been a major factor in preventing child crime in India. This practice was soon replaced by the Child Justice (Care and Protection) Act, 2015.
Current Juvenile Justice Program in India:
Like other countries, India has made legal arrangements that deal mainly with the rights and protection of child offenders who want to address the problem of child abuse. The Juvenile Justice System in India is made on the basis of three main ideas: –
juvenile offenders should not be prosecuted, but should be dealt with in the best possible way,
they should not be punished by the courts but should have the opportunity to reform
Illegal child prosecution should be based on non-punitive treatment in communities based on social control organizations e.g. View Homes And Special Homes.
Juvenile Justice Act, 2015:
The Youth Justice Act of 2015 replaced the Juvenile Justice Act of 2000 because there was a need for a strong and effective justice system that focused on preventative and transformational challenges. The approach to Juveniles should be different from that of adults, there was a dispute in Parliament that Juveniles should be given more space to reform or repair or improve and that can only happen if there is a special justice system. Thus, the new initiative namely the Juvenile Justice (Child Care and Protection) Act, 2015 focused on a friendly judicial and judicial process.
Juvenile Justice and the Constitution of India:
The Constitution of India is regarded as the constitution of India. The Constitution provides for the rights and duties of citizens. It also provides for the provision of state-of-the-art equipment. The Constitution in the third section provides for the basic rights of its citizens in the same way that in its IV section provides for the Directive Principles of State Policies (DPSP) which serve as general guidelines in formulating government policies. The Constitution provides for certain rights and provisions especially in the welfare of children. As: –
The right to basic and compulsory primary education for all children under 6 to 14 years of age. (Section 21A)
The right to protection from any dangerous activity under the age of fourteen. (Article 24)
The right to protection from harm of any kind by an adult. (Section 39 (e)).
The right to protection from human trafficking and to forced labor. (Section 39)
The right to nutrition and a decent standard of living. (Article 47)
Section 15 (3) of the Constitution of India provides for the special powers of the State to enact any special laws for the upliftment and improvement of children and women.
Conclusion:
Growing numbers of new crimes in India are related to the issue and need to be addressed. Although the government has put in place various laws and regulations to prevent child crime, the current laws do not create barriers for children and therefore the consequences are not productive and the legal purpose is not achievable.
The article has been written by Soumya Singh, a student at Amity Law School, Amity University Jharkhand, Ranchi.
The article has been edited by Shubham Yadav, a student of Banasthali Vidyapith, Jaipur.
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