The document discusses the history and current state of juvenile justice in India. It outlines the Juvenile Justice Acts of 1986, 2000, and 2015 and how they define a juvenile. The current system is focused on rehabilitation over punishment and tries juveniles through non-penal treatment agencies instead of courts whenever possible.
The document discusses the history and current state of juvenile justice in India. It outlines the Juvenile Justice Acts of 1986, 2000, and 2015 and how they define a juvenile. The current system is focused on rehabilitation over punishment and tries juveniles through non-penal treatment agencies instead of courts whenever possible.
The document discusses the history and current state of juvenile justice in India. It outlines the Juvenile Justice Acts of 1986, 2000, and 2015 and how they define a juvenile. The current system is focused on rehabilitation over punishment and tries juveniles through non-penal treatment agencies instead of courts whenever possible.
The document discusses the history and current state of juvenile justice in India. It outlines the Juvenile Justice Acts of 1986, 2000, and 2015 and how they define a juvenile. The current system is focused on rehabilitation over punishment and tries juveniles through non-penal treatment agencies instead of courts whenever possible.
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JUVENILE JUSTICE IN INDIA
Introduction-
India’s juvenile justice can be described by the term “Old enough to try to the crime, sufficiently old to try to the time,” which is an English concept. Prior to juvenile acts there was a kids act of 1960 which aimed at providing security to juveniles and checked out their interest, rehabilitation, treatment and development.
However, with involvement of juveniles in big crimes it was a much-needed step to propose new and strict laws regarding juveniles of the country. As a result, the Juvenile Justice Act of 1986, the Juvenile Justice Act of 2000, and, last, the Juvenile Justice Act of 2015 were introduced.
Under the Juvenile justice (Care and Protection) Act, 2015 a child is defined under Section 2(12) as someone who is under the age of 18 years of age.
History –
The very first act was of juvenile justice came into 1986 which treated juvenile offenders in same manner as other criminals but after UNGA’s guidelines it was repealed and was replaced by “The Juvenile Justice (Care and Protection of Children) act, 2000. This act also consisted of many loopholes so as to fill them this act was again updated in 2006 and 2011 but failed to fill the gaps. To prevent the increasing crime of juveniles this act was repealed and replaced by the Juvenile Justice (Care and Protection) Act, 2015.
Juvenile Justice (Care and Protection) Act, 2015 –
A provision was finally made in the amended act that finally the Juvenile Justice Board will decide as to whether a juvenile between the age of 16-18 years is fit enough to be tried as juvenile or as an adult. The board will consist of social psychologists and social experts who will decide the matter as to the desirability of trial as a juvenile or child between 16-18 years based upon the nature of crime committed that juvenile.
While drafting the Juvenile Act, of 2015, lawmakers took into consideration all of the mandatory provisions within the Constitution of India to confirm that children’s rights are protected all told possible ways. Those rights are given in Article 21A,24,39,39e,47 which specifically talk about the rights of children. Present Juvenile Justice in India –
India, has made legal provisions that specifically address the rights and protection of juvenile offenders so as to handle the matter of misdeed. The Juvenile Justice System in India is predicated on three main assumptions:
1. Young offenders shouldn’t be tried in courts, but rather corrected in the most effective possible ways;
2. They ought to not be punished by the courts, but they should be given an opportunity to reform; and
3. Trials for kids in conflict with the law should be supported through non-penal treatment through communities-supported group action agencies, like Observation Homes and Special Homes.
Conclusion –
Prime focus of Juvenile Justice is based on the theory of reformative and rehabilitation theory. It is based on the principle of social welfare and rights of the children. Main aim is to secure the future of children as they are the future of the country and reform them from negative to positive mindset so that their future is secured and they can start a new beginning of life. At the same time judiciary have to create a balance between juveniles who do crimes and juveniles who do heinous and barbarous crimes. Punishing those who do heinous crimes is a must for our judiciary to protect citizens of its country.
