STUDY OF JUVENILE JUSTICE SYSTEM
JUVENILE, JUVENILE JUSTICE SYSTEM IN INDIA, INDIAN LAWS, CHILDREN WELFARE, CARE AND PROTECTION
A juvenile is a child who has not reached the age of 18. India is a developing nation. Juvenile crimes are on the rise these days. Parliament passed the Juvenile Justice Act in 1986 to provide care, protection, treatment, development, and rehabilitation to neglected or delinquent juveniles. In India, the Juvenile Justice Act, of 1986 was repealed, and the Juvenile Justice Act, of 2000 was enacted. The Juvenile Justice (Care and Protection of Children) Act of 2000 serves as India’s primary legal framework for juvenile justice. This act was amended again in 2006 and 2010. Following the Delhi gang-rape (16th December 2012), the law received widespread criticism for its inability to combat crimes involving juveniles in heinous crimes like rape and murder. In December 2015, Parliament passed the Juvenile Justice Bill, 2014, which became the Juvenile Justice Act, 2015. It went into effect on the 15th of January 2022. Section 2(a) of the Act of 1986 defined the term juvenile as “a boy under the age of 16 and a girl under the age of 16 have reached the age of 18 “. Meanwhile, India has signed and ratified the UN Charter. The 1989 Convention on the Rights of the Child (UNCRC) addressed adolescent rights. A juvenile is defined as someone under the age of 18.
“Nil Novi Spectrum” may be a Latin phrase that completely describes India’s juvenile justice system. It may be described as ‘nothing new on this planet,’ and among Indians, particularly in northern India, there’s a maxim that translates as “It is rarely Too Late to fix,” which may be accustomed to describe India’s current juvenile justice system. Rather than using these phrases, the suitable statement for India’s juvenile justice system is “Old enough to try to the crime, sufficiently old to try to the time,” which is an English concept utilized by some states within the United States. Since there’s a faculty of thought that juveniles should be treated favourably, this idea of leniency has existed since ancient India.
Prior to the Juvenile Justice Acts of 2015, 2000, and 1986, there was the kids’ Act of 1960, which aimed to allow the effect of international responses to the problem of Juvenile Justice by providing a standardized policy that protected the interests and rights of a Juvenile and checked out care, treatment, rehabilitation, and development of a baby commonly.
However, with recent developments within the international community and therefore the subsequent emergence of Juvenile involvement in crime, Indian lawmakers are compelled to propose new, progressive, and stricter laws for the country’s concerned Juvenile system. As a result, the Juvenile Justice Act of 1986, the Juvenile Justice Act of 2000, and, last, the Juvenile Justice Act of 2015 was gone the Parliament.
The rate among children under the age of 16 has risen in recent decades. The increasing rate may well be attributed to the child’s upbringing environment, economic conditions, an absence of education, and parental care. These are a number of the foremost important reasons. The foremost disheartening aspect is that children (particularly those aged 5 to 7 years) are now used as tools for committing crimes because their minds are still very innocent and simply manipulated at that age.
The major debate and discussion surrounding the juvenile justice system began after the heinous incident of the Nirbhaya Gang Rape Case, within which an accused was only six months faraway from reaching the age of 18, the age of becoming significant and forcing the Indian system to convict him as a juvenile instead of a full-fledged offender. The involvement of any juvenile in such a heinous crime prompted the Parliament to pass the “Juvenile Justice (Care and Protection) Act, 2015,” but before delving into the nitty-gritty of the said act and other provisions present within the Indian system for juveniles.
"STUDY OF JUVENILE JUSTICE SYSTEM ", IJNRD - INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT (www.IJNRD.org), ISSN:2456-4184, Vol.8, Issue 3, page no.b360-b378, March-2023, Available :https://ijnrd.org/papers/IJNRD2303140.pdf
Volume 8
Issue 3,
March-2023
Pages : b360-b378
Paper Reg. ID: IJNRD_188192
Published Paper Id: IJNRD2303140
Downloads: 000118892
Research Area: Other
Country: GURGAON, HARYANA, India
ISSN: 2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar | ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator
Publisher: IJNRD (IJ Publication) Janvi Wave