Wednesday, 2 February 2022

JUVENILE JUSTICE SYSTEM IN INDIA

 JUVELINE JUSTICE SYSTEM IN INDIA

BY NUPUR GARG

INTRODUCTION 

Juveline justice system is a progressive system adopted by the world for the better growth of the children. Basic aim of this system is to give a uniform policy that protected the interests and rights of children by providing them with proper care, treatment and overall development of a child. Earlier to give this effect we had Children Act of 1960 but with the changing circumstances and recent developments the Indian lawmakers felt the need to come up with new progressive and stricter laws for the juvelines which resulted in the Juvenile Justice act of 1986 then Juvenile Justice act of 2000 and recently the Juvenile Justice act of 2015 was passed by the Parliament.

Once former Chief Justice of India, Justice V.K. Krishna Iyer stated that we need penal code because the child is the father of a man and if we’re neglecting the underdevelopment in children, then we would be guilty of many faults and errors related to abandoning our children.

After the critical analysis it is found that in last few decades the crime rate by the age of children under the age of 16 years this could be because of various reasons such as parental care, lack of education, poor upbringing of the child etc. Therefore, Indian Parliament came up with a new law which is known as “Juvenile Justice (Care and Protection), 2015.

JUVENILE JUSTICE ACT, 2015

The Juvenile Justice act of 2015 replaced the Juvenile Justice act of 2000 because there existed a need for a more robust and effective justice system that focused on deterrent as well as reformative approaches. The approach towards Juveniles should be different from that of adults, there were contentions made in the Parliament that the Juveniles should be given more space for transformation or reformation or improvement and that is only possible when there’s a special justice system. Thus, the new act i.e. the Juvenile Justice (care and protection of children) Act, 2015 focused on a Juvenile friendly approach of adjudication and disposition of matters.

NIRBHAYA CASE

After this case almost everyone is aware about what is juvenile system and how does it work. After this incident people were very much affected by it and they also showed there anger towards the courts decision as they demanded the death penalty for the child involved in the case. 

There was roaring in parliament and the new law (Juvenile Justice Care and protection of children 2015) came into existence in India. It is a comprehensive provision for children alleged and found to be in conflict with the law. It also deals with children in need of care and protection. This law is enacted taking into consideration conventions of Rights of the child and other related international instruments. The government of India acceded the convention of Rights of the Child (CRC) on 11 Dec.1992.

According to international treaties it is believed that children should be treated with leniency and with the best interest of the child. However, public is of the that harsher punishments must be given to the youth who commits heinous crimes such as rape, murder, robbery etc. 

JUVENILE JUSTICE AND CONSTITUTION OF INDIA

The constitution of India is termed as the fundamental law of India. It provides various rights to the citizen for there welfare. This also includes basic rights for the welfare of the children:

  1. Right to free and compulsory elementary education for all the children under the age of 6 to 14 years. (Article 21A)

  2. Right to be protected from any hazardous employment under the age of fourteen age. (Article 24)

  3. Right to be protected from being abused in any form by an adult. (Article 39(e)).

  4. Right to be protected from human trafficking and forced bonded labor system. (Article (Article 39)

  5. Right to be provided with good nutrition and proper standard of living. (Article 47)

  6. Article 15(3) of the Constitution of India provides special powers to State to make any special laws for the upliftment and the betterment of children and women.

Therefore, the law makers while drafting the Juvenile Act, 2015 has consider all the necessary provisions laid down by the Constitution so that child’s rights are protected in all the possible ways.

DEVELOPMENT OF JUVENILE JUSTICE SYSTEM

The Juvenile Justice System developed throughout the world with a conception that, children are not mature like adult. They failed to understand the nature and consequence of their acts. This idea is based on the legal ‘principle of DOLI INCAPAX’ i.e. child do not have capacity to form criminal intention. Therefore, a child cannot be made liable for acts which are illegal. An adult is commonly understood to mean a person who has reached maturity of mind.

Substantive amendments were made to the existing juvenile Justice act of 2015 on July 28. Rajya Sabha passed the Juvenile Justice Care and Protection of Children Amendment Bill 2021. It was passed with an overwhelming majority by Lok Sabha during the budget session of 2021. Surprisingly, this bill received support from the opposition as well as the ruling party. After receiving assent from the President, the new amendment bill will come into force.

CONCLUSION 

The Juvenile Justice System is based on the principle of social welfare and rights of the child. The prime focus of the juvenile justice system is reformation and rehabilitation. It is to create opportunities for the child to develop his personality. The goal after all, is to proceed ahead to create an egalitarian society of high order. Children are the future resources of the country.

They must be transformed from negative to positive personalities. However, looking to the past experience, we have to bridge the wide gap between theory and practice. In this process, we have to build a good infrastructure and efficient Juvenile Justice Administration. The new legislation carries the dreams, we need to make the dream reality.



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