STUDY ON JUVENILE JUSTICE IN INDIA BY KODALI NEEHARIKA@LEXCLIQ

STUDY ON JUVENILE JUSTICE  IN INDIA 

INTRODUCTION :  

CHILD : Describing what age a man is or ceases to be a child is an unfaltering common contention in the India. The Census of India considers adolescents to be any person underneath the age of 14, as do most government activities. Actually, pre-adulthood is the stage amongst early stages and adulthood. This significance of a youth considers solitary countries to choose as showed by the own alert the age uttermost compasses of a child in their own specific laws. In any case, in India, diverse laws related to youths portray children in different age limits. There is also a tendency of making comparison of self with others. They yearn for separate identity and independence from parents. This is the age when peer influence and acceptance becomes very important. They also develop strong romantic/ sexual ideas, and tend to show indulgence in Love and long- term relationships.  The land to which they are rooted. These children across the world develop at different rate and develop different world- view. They increase their ability to think abstractly and develop their own views regarding social and political issues. They develop ability to indulge in long  term is also a tendency of making comparison self with others. They yearn for separate identity and independence from parents. This is the age when peer influence and acceptance becomes very important. They also develop strong romantic and tend to show indulgence in Love and long- term relationships. However, these are normal changes and there are no anomalies generally. Problems arise when these juvenile.

KINDS OF JUVENILE CRIME : 

It is that generation in which crimes at the age of less than 15 is also common. The Juvenile crime is increasing day by day in India. It is none less than like a disease, which if it goes to the peak can eat the whole country. Some of the Juvenile crimes are the same as adult crimes while some others are based more on their age or other factors. Some major kids of juvenile crimes or of delinquency are:

  1. Property crimes – It includes the situation when a juvenile uses force or threat of any force or any other undue influence tries to obtain the property or any valuable things of others.

 

  1. Violent or heinous crimes – These types of crimes include assault, rape, murder, culpable homicide which results into such bodily injury that is very heinous in nature.

 

  1. Drug related crimes – These types of crimes are very common among juveniles. It is not only harmful for them but for the environment too. According to a study India is in the top 10 list of countries with most drug abuses. These crimes include consumption of drug, weeds, narcotics and include possession or sale of illegal narcotics.

The three types of crimes are listed in the documents of the Office of Juvenile Justice and Delinquency Prevention(OJJDP).

RESONS FOR JUVENILE CRIME : There are several causes for a child changed into “ JUVENILE IN CONFLICT WITH LAW”. Several criminologists, sociologists analysed the circumstances and found causes for the development of Juvenile in conflict with law formulate the methods and procedures to curb and prevent such attitude. The causes are of two kinds 1. Internal  2. External

Internal causes are physical and psychological factors. Externals causes include social factors.  There are 3 classes of causes.

  1. Social causes
  2. Psychological causes
  3. Economic causes

JUVENILE  DELINQUENCY IN INDIA :  The legal definition of child affects how the courts in a country deal with offenders. As per the international norms, and also under the juvenile Justice System in India, a minor or achild cannot be tried in the same manner as an adult. A child is treated as doli in capax, with no mens rea- he/ she is not capable of understanding consequences of his/ her actions. Keeping this logic in mind, children are dealt under juvenile justice system, and not under the adult criminal justice system. They can never be given imprisonment or death penalty. Hence, under the Indian legal system, Art. 40 (3) (a) of CRC requires State Parties to promote establishment of minimum age below which child is presumed not to have a capacity to deviate the penal law.    Age of criminal responsibility is held to be 7 years child below 7 years cannot be  considered a child in conflict with law  section 82 of IPC, 1860. Thus, nothing is an offence done by a child between 7 and 12 years, who has not attained sufficient maturity to judge the nature and consequences of his/ her conduct, and did not know that what s/he was doing was wrong – Section 83 of IPC, 1860However, juvenile delinquency has been increasing in capital city Delhi and other places in India at an alarming rate. The involvement of the juveniles in serious offences like murder, attempt to murder, kidnapping and abduction has raised concerns in the nation. After the December 2012 Gang rape in Delhi (or Nirbhaya case, as it was commonly called), many debates and discussions pointed to the softer approach of Juvenile Justice System to serious offences. It has been found that the youngsters can be as brutal as the adults, which forced the people to reanalyze the definition and approach to juvenile delinquents in India. Due to access to  internet, the psychiatrists feel that aspirations of adolescents and adults are becoming at par (D.Ghosh, 2013).The National Crime Records Bureau (NCRB) data indicates that there has been an increase in crimes committed by juveniles, especially by those in the 16-18 age groups. NCRB data given below shows the trends of juvenile offences.  family as a basic unit of human society is specially getting weaker in urban areas, with lesser family control on children.

CONCLUSION :

The  Juvenile Justice Act of 2016 can be seen as a very progressive step of the Indian government towards keeping pace with changing trends in juvenile crimes. The bold step under the Act on treating the juvenile offenders found guilty of committing heinous crime as adults, subject to the observations of the Juvenile Justice Board. The Justice Verma Committee took a stand against the lowering of age of juveniles in conflict with law. It was observed in the report that

 

“Any attempt of reducing the age of juvenility, or excluding certain children

from the purview of the Juvenile Justice (Care and Protection of Children) Act 2000 on the basis of nature of the offence and age, will violate guarantees made under the Constitution and international instruments, the United Nation Convention of Rights of the Child (UNCRC) But the Supreme Court in India took a stand contrary to the suggestions and warnings of the Committee. This system is well recognised in the UN Convention Rights of the Child and the UN Standard Minimum Rues of Juvenile System. In India, a person below the age of 18 years is considered a ‘child’. To deal with all the matters concerning children in our country there is a separate and special act under our constitution which is Juvenile Justice (Care and Protection of Children) Act, 2015.

 

-KODALI NEEHARIKA

 

 

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