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JUVENILE JUSTICE ACT
13.09.2023
o It is not a penal act. It is a care- centric and rights centric act. It is a reformative act. o Its foundation is laid on the principles of UN Convention on Rights of Children. o Historical Background: a. Manusmriti: applicable in India b. Hammurabi Court: applicable in Mesopotamia o In both these laws, there was no provision to deal with a child who has committed a crime. o In period of Sultanate and Mughals, in case of heinous crime, a child will be equivalent to adult. o Modern History a. First (National) Legislations i. Apprentice Act, 1850: Applicable to children of age more than 10 years and less than 18 years. Vocational training was provided as a part of rehabilitation. The new IPC bill mentions community service similar to vocational training. Vocational training included pottery, embroidery and skill- based activities. ii. Indian Penal Code, 1860 S.82 (doli incapax): below 7 years S. 83 (doli capax): 7 years- 12 years iii. The Reformatory Schools Act, 1897: applicable on children on age upto 15 years. The child was not directly sent to jail. They were sent to reformatory cells and they were tutored there. iv. Code of Criminal Procedure, 1973 S. 27 of CrPC mentions that the Chief Judicial Magistrate will be dealing with matters related to minors. The age of minor is considered here as 16 years.
Lacuna: There is no clarity in respect of age in all the national legislations. All these laws were following criminal justice system. Criminal Justice System falls under both central and state. States came up with their own legislations alongside central legislations which resulted in complete chaos.
14.09.2023
o The Universal Declaration on Rights of Child came in the year 1959. India became signatory to it. After that, Children Act, 1960 comes into force. o The Standard Minimum Rules for Administration of Juvenile Justice, 1985 was released by 1985. Due to these rules, act was repealed, and uniform age was set by Juvenile Justice Act, 1986. Under this act, the age for boys was 16 years and for girls, the age was 18 years. o UN Convention on Rights of Child came into force on 20 November 1989, which declared that every person below age of 18 years will be considered as a child. India became a signatory to this in 1992. o India came up with Juvenile Justice Act, 2000 in which age of child was less than 18 years. o Mukesh Singh & Ors v. NCT, Delhi:
1. Scheme and Structure of the Act
o The date of enforcement of the Act is 15 January 2016. The Act No. is 2 of 2016 o Total chapters in the Act are 10 and number of sections is 112. o The Act is dedicated towards safeguarding the best interests of children. o Delinquent Juvenile is replaced by term “child in conflict with law”. It depicts the picture of our reformative criminal system. o
