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Presentation On Juveline Justice

The document discusses the rising crime rates among children under 16 and the legislative responses in India, particularly the Juvenile Justice (Care and Protection) Act of 2015. It highlights the classification of children in conflict with the law and those in need of care, as well as international conventions aimed at protecting children's rights. The current juvenile justice system in India emphasizes rehabilitation over punishment, but concerns remain regarding its effectiveness in deterring juvenile crime.

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Shikha Jain
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48 views17 pages

Presentation On Juveline Justice

The document discusses the rising crime rates among children under 16 and the legislative responses in India, particularly the Juvenile Justice (Care and Protection) Act of 2015. It highlights the classification of children in conflict with the law and those in need of care, as well as international conventions aimed at protecting children's rights. The current juvenile justice system in India emphasizes rehabilitation over punishment, but concerns remain regarding its effectiveness in deterring juvenile crime.

Uploaded by

Shikha Jain
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PRESENTATION ON

JUVELINE JUSTICE
INTRODUCTION

In the last few decades, the crime rate by the children


under the age of 16 years has increased. The reason of
increasing crime rate is may be due to the upbringing
environment of the child, economic conditions, lack of
education and the parental care. Generally, a “child
”mean a person who has not attain the age of 18 years
and is not mature to understand that what is right and
wrong . In modern era, the penal laws of most countries
have adopted the principle of ‘doli incapex’ which
means of knowing that act there are committing is a
crime
The frightful incident of “ Nirbhaya Delhi Gang Rape
Case”,on December 16, 2012 shocked the whole
nation and many debates were started among
legal fraternity and socialists. The main reason and
issue of the debate was the involvement of
accused, who was just six months short to attain
the age of 18 years. The involvement of the
accused in such a heinous crime of rape forced the
Indian Legislation to introduce a new law and thus,
Indian Parliament came up with a new law which is
known as “ Juvenile Justice ( Care and Protection),
2015.
According to sub- section 12 of Section 2 of The
Juvenile (Care and Protection) Act, 2015 a “child”
means a person who has not completed eighteen
years of age. The Act classifies the term “child” into
two categories: –
“child in conflict with law” , and
“child in need of care and protection”. The child who
has committed an offence and he or she is under
the age of 18 years on the date of commission of
the offence is basically called as “ child in conflict
with law”. The second sub – category is “ child in
need of care and protection” means a child ad
defined under Section 14 of the Act.
The General Assembly of the United Nations adopted
the Convention on the Rights of the Child on
20th November, 1989 which prescribe a set of standard
to be adhered to by all the States parties in securing
the best interest of the child.The International
instruments and conventions have contributed
considerably to the issue of child rights and prevention
of child abuse.The International bodies like United
Nations and UNICEF have always paid more emphasis
on the development of Child.
Following are the International Instruments and
Conventions that are signed by all the States of
UN in order to protect the rights of Children:-
1) UN Standard Minimum Rules for the
Administration of Juvenile Justice (Beijing Rules)
2) UN Guidelines for the Prevention of Juvenile
Delinquency (Riyadh Guidelines)
3) UN Rules for the Protection of Juvenile Deprived
of their Liberty (Havana Conventions)
4) Guidelines for the Action on Children in Criminal
Juvenile System (Vienna Guidelines)
The Constitution of India is consider as the
fundamental law of India. Constitution provides rights
and duties of citizens. It also provides provision for the
working of the government machineries. Constitution
in Part III has provided Fundamental Rights for its
citizens in the same manner in its Part IV it has
provided Directive Principles of State Policies
(DPSP)which acts as general guidelines in framing
government policies. Constitution has provided some
basic rights and provisions especially for the welfare
of children.
The Juvenile Justice, 1986 which repealed the
earlier Children Act, 1960, aimed at giving effect to
the guidelines contained in the Standard Minimum
Rules for the Administration of Juvenile Justice adopted
by the U.N. countries in November 1985.[12]The above
mentioned Act consisted of 63 Sections, 7 Chapters and
is extended to whole India expect to the State of
Jammu and Kashmir. The primary purpose of the Act
was to provide care and protection, treatment,
development and rehabilitation of the neglected
juvenile delinquent. the Indian Legislation to repeal the
Juvenile Justice Act, 1986 and to make a new law.
Thus, Indian Legislation came up with a new act which
was called as “The Juvenile Justice (Care and
Protection of Children) Act, 2000.
Juvenile Justice Act , 2000

The Act was enacted in year 2000 with aim and intent
to provide protection for children. The mentioned was
amended twice – first in the year of 2006 and later in
year of 2011 .The amendment was made to address the
gap and loopholes in the implementation.
Further, the increasing number of cases of juvenile
crimes in the last recent years and frightful incident of
“Delhi Gang Rape Case” has forced the law makers to
come up with the law. The major drawback of the Act
was that it contains ill equipped legal provisions and
malfunctioning juvenile system was also the major
reason in preventing the juvenile crimes in India. The act
was replaced soon by The Juvenile Justice( Care and
Protection) Act, 2015.
Juvenile Justice Act, 2015

The aims to consolidate the laws relating to children


alleged and found to be in conflict with law and
children in need of care and protection by catering
and considering their basic needs through proper
care& protection , development, treatment , social-
integration , by adopting a child friendly approach in
the adjudication and disposal of matters in the best
interest of children. The act also focuses on
rehabilitation of juvenile offenders through various
child care houses and institutions.
Juvenile Justice Board

There shall be a constitution of Board for the


purpose of inquiry and hearing in the matters of
juvenile in conflict with law.
The Board shall consists of Principal Magistrate and
two social workers, among whom one should be a
women.
The Act provides that under no circumstances the
Board can regulate and operate from regular court
premises. The decision taken by the Principal
Magistrate shall be final.
Present Juvenile Justice System in India

Like the other countries , India had also made


legal provisions that especially and specifically deals
with the rights and protection of juvenile offenders
which seeks to tackle the problem of juvenile
delinquency. The Juvenile Justice System in India is
made on the basis of three main assumptions:-
1) young offenders should not be tried in courts ,
rather they should be corrected in all the best
possible ways,
2) they should not be punished by the courts , but
they should get a chance to reform
3) trial for child in conflict with law should be based
on non-penal treatment through the communities
based upon the social control agencies for e.g.
Observation Homes and Special Homes.
CONCLUSION

The increasing rates of juvenile crime in India in very


concerning issue and need to be focused upon.
Although government has laid various legislation and
rules to stop the incidents of juvenile crimes but the
present laws on juveniles is not creating a deterrent
effect on the juveniles and thus the results are not
fruitful and legislative intent is not accomplishing .
SUBMITTED BY :- ASHU JAIN
COLLEGE :- JEMTEC, SCHOOL
OF LAW, GREATER NOIDA,
(AFFILIATED TO GGSIPU)

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