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JUVENILE DELINQUENCY: A LEGAL ANALYSIS BY: AKASH KUMAR
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JUVENILE DELINQUENCY: A LEGAL
ANALYSIS
AUTHORED BY: AKASH KUMAR
NO.- 9934943556
ABSTRACT
Because of the rapid rate of growth
in our nation, we are able to see a great number of shifts taking place in the
manner in which our young people interact with their surroundings, society, and
educational system.
It has been shown in a number of
studies and polls that there has been a rise in the amount of students between
the ages of 14 and 20 who engage in antisocial activity. Children committing
crimes in developed countries was something of a common problem; however, in
recent years, remarkable crimes have been seen on an increase in an Indian
school. In addition, children studying in reputed schools and belonging to good
families have been involved in serious crimes such as sexual abuse, attempted
murder, robbery, and a variety of other offences.
The question now is, what caused
these children to act in such a manner, and if this is the price we have to pay
in exchange for the development in our country and the rise in our living
standards, then the next question is whether or not we are mentally and
materially prepared to accept such conditions of our upcoming generation and
fight against them.
Every human community is subject to
the unavoidable and ubiquitous phenomena of criminal activity, which is an
integral component of human society. Similar to the illegal conduct of adults,
the misbehaviour of children and young people has always existed in some form
from the beginning of time. However, the legal response to this activity in the
majority of cultures has been very different. It is stated that it is far
simpler to shape a kid than it is to reform an adult, and that the children of
today will grow up to be the citizens of the future.
KEYWORDS
MINORS
JUVENILE
CHILD IN
CONFLICT WITH LAWS
TABLE OF CONTENTS
1.
INTRODUCTION……………………………………………………………………….
2. INVESTIGATION FROM AN
INTERNATIONAL PERSPECTIVE
3. INDIAN
PERSPECTIVE………………………………………..……………………..……
4. CHILDREN IN CONFLICT WITH THE LAW
5. JUDICIAL
RESPONSES…………………………………………………………………
6. CONCLUSION AND
SUGGESTIONS...........................................................
BIBLIOGRAPHY…………………………………………………………………………
INTRODUCTION
It has been shown in a number of studies and polls that there has been a
rise in the amount of students between the ages of 14 and 20 who engage in
antisocial activity. Children committing crimes in developed countries was
something of a common problem; however, in recent years, remarkable crimes have
been seen on an increase in an Indian school. In addition, children studying in
reputed schools and belonging to good families have been involved in serious
crimes such as sexual abuse, attempted murder, robbery, and a variety of other
offences.
The question now is, what caused these children to act in such a manner,
and if this is the price we have to pay in exchange for the development in our
country and the rise in our living standards, then the next question is whether
or not we are mentally and materially prepared to accept such conditions of our
upcoming generation and fight against them.
Every human community is subject to the unavoidable and ubiquitous
phenomena of criminal activity, which is an integral component of human
society. Similar to the illegal conduct of adults, the misbehaviour of children
and young people has always existed in some form from the beginning of time.
However, the legal response to this activity in the majority of cultures has
been very different. It is stated that it is far simpler to shape a kid than it
is to reform an adult, and that the children of today will grow up to be the
citizens of the future.
It is thus of the utmost importance
to intervene early on with potentially criminal tendencies in children in order
to prevent such children from developing into repeat criminals later in life.
The majority of nations throughout the globe are now placing a high focus on
addressing the issue of juvenile delinquency in order to work towards this
goal, which is why the problem is being addressed on such a level.
In 1986, the Indian Parliament passed
a law called the Juvenile Justice Act in order to address the issue of
youngsters who engage in antisocial behaviour. The Juvenile Justice[1]
(Care and Protection of Children) statute, 2000 made it such that this statute
is no longer in effect. As a result of the shortcomings of the statute that
came before it, the Juvenile Justice (Care and Protection of Children) statute,
2015 was able to repeal this act and make it illegal.
INTERNATIONAL PERSPECTIVE
A very long time ago, governments
generally did not care about children or the rights they should have. The
publishing of an essay by Slagvolk in June 1852 titled "The Rights of the
Children" is considered to be the moment that marked the beginning of the campaign
for the rights of children. This event occurred in the middle of the 19th
century.
The following is a provision that may
be found in Article 24 of the International Covenant on Civil and Political
Rights (ICCPR):
Every child has the right to the
measures of protection that are needed by his position as a minor on the part
of his family, society, and the state, and this right must not be subject to
any discrimination on the basis of race, colour, sex, language, religion,
national or social origin, property, or birth. Every kid shall have this right.
Every kid must be given a name and
registered with the appropriate authorities as soon as they are born.
Every kid has the opportunity to
choose a nationality when they become an adult.
In the Declaration of the Rights of
the Child, which was approved by the General Assembly of the United Nations on
November 20, 1959, one of the guiding principles states that "the child
shall enjoy special protection, shall be given opportunities and facilities by
law and by other means to enable him to develop physically, mentally,
spiritually, and socially in a healthy and normal manner and in conditions of
freedom and dignity." When new laws are enacted with this objective in
mind, protecting the child's welfare must take precedence above all other
considerations.
The Convention on the Rights of the
Child was ratified by the General Assembly of the United Nations on November
20th, 1989. The Convention calls attention to a number of rights, including the
right to survive, the right to be protected, the right to grow, and the right
to participate. The state parties to this convention acknowledge, in accordance
with Article 6 of the convention, that every child has the intrinsic right to
life. The states who are parties to this agreement are obligated to do all in
their power to safeguard the health and well-being of children.Article 34 of
this Convention requires all state parties to safeguard children from any and
all types of sexual exploitation and abuse.
The issue of juvenile delinquency
affects millions of children and teenagers all over the globe. When addressing
the issue of juvenile delinquency, the administrators of the English criminal
justice system have traditionally sought to do it outside of the legal framework
of the criminal justice system.
The Children Act of 1908 established
a separate and unique system of justice board, and the Children and Young
Persons Act of 1993 explicitly mandated the court to take into account welfare
considerations in all instances involving minor offenders. Together, these two
pieces of legislation established the juvenile court. According to section 16
of the Children and Young Person Act, an arrest should not be made on a kid who
is less than ten years old. However, if a juvenile is detained and it is
subsequently discovered that he is younger than ten years old, he should be
released immediately in accordance with section 34(2) of the Police and Crime
Evidence Act.
The American juvenile justice system
is now facing a number of challenges, including serious difficulties with
teenage violence, drug misuse problems among offenders, female delinquency, and
other concerns. The Juvenile Justice and Delinquency Prevention Act of 1974 is
responsible for establishing the legal framework that underpins today's
juvenile justice system in the United States. A 'deinstitutionalization' of
juvenile offenders was one of the goals of the Juvenile Justice and Delinquency
Prevention Act. Under the terms of the Act, states that housed juveniles in
adult jails for status crimes were compelled to evacuate them within a period
of two years.
INDIAN PERSPECTIVE
The Juvenile Justice Act, which was
adopted in 1986, was passed by Parliament in order to provide provisions for
the care, protection, treatment, growth, and rehabilitation of neglected and
delinquent children and adolescents. A number of articles in the Indian
Constitution, including as Article 15(3), Clauses (e) and (f) of Article 39,
and Articles 45 and 47, impose on the state the main obligation of providing
for all of the requirements that are essential for the development of children.
It is against the law to employ youngsters in workplaces, according to Article
24. The provision of early childhood care and education to children less than six
years old is mandated under Article 45 of the Constitution.[2]
The Convention on the Rights of the
Child has been ratified by the Government of India. The Government of India has
also found it expedient to re-enact the existing law relating to juveniles while
keeping in mind the standards prescribed in the Convention on the Rights of the
Child, the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice, 1985 (The Beijing Rules), the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty (1990), and any and all other
pertinent international conventions.
The Juvenile Justice (Care and
Protection of Children) Act of 2000 went into effect in the year 2000 in order
to accomplish this goal. Because it supersedes the Act from the year 2000, the
Juvenile Justice (Care and Protection of Children) Act, 2015 is now the law
that must be followed. A new legal stance that has been criticised by many who
advocate for the rights of children is that which allows for the treatment of
juveniles between the ages of 16 and 18 as adults if they are charged with the
conduct of serious crimes.
The Juvenile Justice (Care and
Protection of Children) Act, 2015 is a forward-looking and all-encompassing
piece of legislation that was passed in 2015 that addresses children who are in
conflict with the law as well as those who need care and protection. Its
positive aspects, however, have been overshadowed by a clause that stipulates
youngsters between the ages of 16 and 18 will henceforth be tried as adults if
they are suspected of committing "heinous offences." This provision
specifies that children will be tried as adults if they are accused of
committing "heinous offences."
It is generally agreed that just
enacting anything into law is not enough; rather, there is an urgent need for
giving frequent orientation training to individuals who are engaged with the
execution of the legislation in order to develop the necessary coordination
among them. In order to accomplish this objective, it is necessary to have both
a strong governmental will and the engagement of the general public.
THEORETICAL EXPLANATIONS OF JUVENILE
DELINQUENCY
There are a great number of diverse
hypotheses that have made important contributions to our knowledge of
adolescent delinquency. These hypotheses may be placed into one of three
categories: biological, psychological, or social. The strain theory, the
labelling theory, and the social control theory are examples of sociological
theories of juvenile delinquency. Of these, the strain theory, the labelling
theory, and the social control theory have shown to be the most persuasive.
In his theory of strain, Merton
investigated the individual patterns and ways to attain society's established
objectives within anomic circumstances by finding five different forms of
adjustment. This was done against the background of the macrostate of anomie,
which served as the backdrop for the study. Merton defines "modes of
individual adaptation" as consisting of the following five approaches of
adjusting to a given economic condition:
conformance, which is the most
prevalent style, is the acceptance of both cultural ideals and
institutionalised methods;
a deviant alternative that rejects
the objectives and strategies of society is known as retreatism.
a rare kind of aberrant behaviour
that actively contests and replaces the aims and methods of society, rebellion
may be defined as the following:
ritualism, which is the mechanism
through which cultural objectives may be lawfully guaranteed to be honoured
despite the fact that the goals themselves are not feasible; and
Innovation may be seen of as a type
of agreeing with the ends but disagreeing with the methods.
The labelling theory of juvenile
delinquency examines the impact of labels and stigmas on juvenile conduct.
According to this theory, young people who are tagged as "criminals"
or "delinquents" have a tendency to behave in a manner that is
consistent with such labels, and as a result, they reject societal standards.
Travis Hirchi first of this idea in
the 1960s and named it the Social Control Theory. There are a number of
distinct commitments that a person has to make in order for there to be any
possibility of their being any kind of criminal behaviour on their part.
Attachment is the first, and it refers to the idea that an individual's
capacity for socialisation is directly proportional to that person's level of
interest in other people.
The second one is commitment, which
means that breaking social rules might result from a lack of devotion to such
laws. Involvement is necessary for the formation of the third bond. Hirchi was
of the opinion that a person who engaged in productive tasks would not have the
leisure to engage in negative behaviours such as committing crimes. Belief is
the fourth and last link that has to be established. When a person does not
live in a community that shares their beliefs, they have a greater propensity
to rebel and engage in illegal behaviour.
A STUDY ON THE ROLE OF CHILDREN IN CONFLICT
WITH THE LAW
A person is considered to be a
"juvenile" or a "child" if they have not yet reached the
age of eighteen, as stated in section 2(k) of the Juvenile Justice (Care and
Protection of Children) Act, which was passed in the year 2000.
In accordance with the provisions of
section 2(l) of this act, the term "juvenile in conflict with law"
refers to a minor who was under the age of eighteen at the time of the conduct
of a crime for which they are suspected of being responsible and for which they
are considered to be a suspect.
The terms "juvenile" and
"child" are distinguished in the Juvenile Justice (Care and
Protection of Children) Act, which was passed in 2015. In accordance with the
provisions of section 2(12) of this act, the term "child" refers to
an individual who has not yet reached the age of eighteen. According to section
2(35), the term "juvenile" refers to a kid who has not yet reached
the age of eighteen years. By the Act of 2015, the term "juvenile in
conflict with the law" was changed to "child in conflict with the
law," and this change took effect immediately. A "child in conflict
with the law" is defined under section 2(13) as a person who is either
suspected of or determined to have committed a crime and who was less than eighteen
years old at the time of the commission of such a crime. This definition
applies to any kid.
In the Juvenile Justice (Care and
Protection of Children) Act, 2000, chapter II dealt with juvenile in conflict
with the law, and sections 4 to 28 dealt with all of the laws pertaining to the
juvenile justice board, the method for dealing with juveniles who are in
dispute with the law, and their rehabilitation. Whereas the juvenile justice
board is discussed in chapter II of the new act of 2015, the process pertaining
to children who are in dispute with the law is discussed in chapter IV, and
rehabilitation and social reintegration is discussed in chapter VII.
According to Section 10 of the
Juvenile Justice (Care and Protection of Children) Act, 2000, as soon as a
juvenile who is in conflict with the law is apprehended by police, he is
required to be placed under the charge of the special juvenile pole unit of the
designated police officer, who is then required to immediately report the
matter to a member of the board. This section also states that the juvenile
must remain in the custody of the special juvenile pole unit until the matter
is resolved. The identity of the juvenile in conflict with the law or the kid
in need of care and protection who was engaged in any procedure under the Act
could not be published, as well as any other information pertaining to that
juvenile, according to Section 21 of this act.
Special crimes like as cruelty to a
juvenile or employing a kid for the purpose of begging are discussed in
Sections 23–26, along with the sanctions that are associated with these
offences. In the event that an act or omission was found to constitute an
infraction not only under this act but also under any other central or state
statute, Section 28 allowed for an alternate form of punishment to be imposed.
There are many new provisions that
have been added to the Juvenile Justice (Care and Protection of Children) Act,
2015, and many of the old provisions have been replaced with new ones. Some of
the old provisions that have been replaced include orders regarding a child who
has not been found to be in conflict with the law, powers of children's court,
and child who has attained the age of 21 but has not yet completed the
prescribed term of stay in a place of safety. The sections 10 to 26 of this act
discuss the procedure that should be followed when dealing with minors who have
broken the law. The following is a list of some of the pertinent provisions
that were added to the act of 2015 in reference to the process in connection to
children who are in conflict with the law:
The following is a translation of
what was written in Section 10 of the Juvenile Justice (Care and Protection of
Children) Act, 2015:
"Apprehension of child alleged
to be in conflict with law- (1) As soon as a child alleged to be in conflict
with law is apprehended by the police, such child will be placed under the
charge of the special juvenile police unit or the designated child welfare
police officer, who shall produce the child before the Board without any loss
of time, but within a period of twenty-four hours of apprehending the child,
excluding the amount of time necessary for the journey from the place where the
child was appre
It is therefore stipulated that under
no circumstances whatsoever may a kid who is suspected of breaking the law be
detained in a police lockup or incarcerated in a prison.
(2) The State Government is tasked
with drafting regulations that are in line with this Act.
(i) to arrange for individuals
through whom (including registered volunteer or non-governmental organisations)
any child who is suspected of breaking the law may be presented in front of the
board; (ii) to provide for the board to hear from the child's parents or legal
guardians.
(ii) to provide for the method in
which a child who is suspected of breaking the law may be transferred to an
observation home or a place of safety, depending on the circumstances."
During the time that the order is in
effect, the person in whose care a child who is in violation of the law is put
is given the same level of duty for the child as if they were the child's
parents and are liable for the kid's maintenance:
Provided, however, that the child
shall continue to be in the custody of such person for the periods stipulated
by the board, regardless of the fact that the child is claimed by the parents
or any other person, with the exception of situations in which the board is of
the opinion that the parent or any other person is suitable to exercise charge
over such child. (Chapter 11, Section)
According to section 12 of this Act,
any person who appears to be a child and who is suspected of having committed a
bailable or non-bailable offence, and who is apprehended or detained by the
police, or who appears or is brought before a board, may, at the discretion of
the board, be released on bail with or without surety, or may be placed under
the supervision of a probation officer under the care of a fit person. When a
child who is suspected of breaking the law is taken into custody, the officer
who is designated as the child welfare police officer of the police station or
the special juvenile police unit is required by section 13 to notify the
child's parents, guardians, or the officer in charge of the child's confinement.
When a child who is suspected of
breaking the law is brought before the Board, the Board is required to conduct
an investigation in accordance with the requirements of this Act. After the
investigation, the Board may issue any orders it considers appropriate in
connection to the child or children in question. After the kid is brought in
front of the Board for the first time, the investigation must be finished
within a period of four months from the date of the first appearance of the
child in front of the Board. The Board is required to make a decision about a
preliminary assessment in cases involving heinous acts within a period of three
months starting from the date of the initial production of the child before the
board.
According to section 15, in case of a
heinous offence alleged to have been committed by a child, who has completed or
is above the age of 16 years, the Board shall conduct a preliminary assessment
with regard to his mental and psychical capacity to commit such offence,
ability to understand the consequences of the offence and the circumstances in
which he allegedly committed the offence and may pass an order in accordance
with provisions of subsection (3 of section 18).
According to subsection (3) of
section 18 of the Act, if the Board, after conducting a preliminary assessment,
issues an order stating that there is a necessity for the child in question to
be tried as an adult, then the Board has the authority to order that the trial
of the case be transferred to a children's court that has the authority to hear
cases involving such charges.
After conducting an investigation, if
a Board comes to the conclusion that the kid who has been brought before it has
not committed any crime, then the Board is required to issue an order to that
effect. In accordance with section 18, when a Board is satisfied on inquiry
that a child, regardless of age, has committed a petty offence or a serious
offence, or a child below the age of sixteen years has committed a heinous
offence, then the Board, depending on the nature of the offence, may either
allow the child to go home after advice or admonition or direct the child to
participate in group counselling and similar activities or order the child to
perform community service under the supervision of
According to the provisions of
section 21, no child who has broken the law and is in conflict with the law
will be condemned to death or for life imprisonment without the possibility of
parole, for any such acts, under this Act or the Indian Penal Code (1860).
Any police officer has the authority
to take custody of a kid who has absconded from a special home or an
observation house in the event that the child is in conflict with the law and
has gone away from the residence where they were being monitored.
The Juvenile Justice Board is the
organisation that is in charge of resolving legal issues that arise when a kid
is in violation of the law. In accordance with the provisions of Section 4 of
the Juvenile Justice (Care and Protection of Children) Act, 2015, the State
Government is required to establish one or more Juvenile Justice Boards in each
of the districts in order to carry out its responsibilities and exercise its
authority in matters pertaining to children who have broken the law. The
following are some of the roles and tasks that the Board will play:
ensuring that every stage of the
process includes the informed involvement of the kid as well as the parent or
guardian of the child.
During the whole process of
recapturing the kid, conducting an investigation, providing aftercare, and
rehabilitating the child, it is imperative that the child's rights be
safeguarded.
ensuring that the kid will have
access to legal assistance via the many agencies that provide such services.
Whenever it is required, the Board is
obligated to provide the child with an interpreter or translator who has such
qualifications, experience, and on payment of such fees as may be specified.
This is to be done in the event that the kid is unable to grasp the language
that is being used during the proceedings.
doing a large number of tasks,
including conducting at least one inspection visit every month of residential
institutions for children who are in violation of the law, making
recommendations to the District Child Protection Unit and the State Government
for improving the quality of services, and doing a large number of other
activities as well.
Observation homes and special homes
are two options for providing a kid who has been in legal trouble with the
opportunity for rehabilitation and social reintegration. According to this Act,
the term "observation home" refers to a home that has been set up and
is being maintained in every district or group of districts by a state
government, either by the state government itself or through a voluntary or
non-governmental organisation, and that has been registered for the purposes
specified in subsection (1) of section 47.
During the time that any
investigation under this Act is ongoing, an observation house must be
registered in accordance with Section 41 of the Act in order to provide for the
temporary reception, care, and rehabilitation of any child who is suspected of
being in violation of the law.
"special home" is defined
as an institution that is established by a state government or by a voluntary
or non-governmental organisation that is registered under section 48 of this
Act for the purpose of housing and providing rehabilitative services to
children who are in conflict with the law, who are found through inquiry to
have committed an offence, and who are sent to such an institution by an order
of the Board. This section of this Act can be found in section 2 (56) of this
Act.
Other than the Juvenile Justice Act
of 2015, the Code of Criminal Procedure 1973 also has a provision relating to
the jurisdiction in the case of juveniles under section 27. This provision
states that any offence that is not punishable with death or imprisonment for
life, committed by any person who at the date when he appears or is brought
before the court is under the age of sixteen years, may be tried by the court
of a Chief Judicial Magistrate, or by any Court specially empowered under the
Juvenile Justice Act of 2015.
RESPONSES FROM THE JUDICIARY
1) The Supreme Court has consistently
shown concern for and attention to the challenges faced by juvenile offenders
and the services they need. The court is required by the Constitution to
interpret the laws in such a way as to offer relief and provide personalised
treatment in the role of parens patriae. This mandate requires the court to
interpret the provisions in such a manner as to provide remedy.
P.N. mentions the predicament of
young criminals and the importance of fundamental rights. In addition to
Bhagwati, R.S. In the case of Mumbai v. State of U.P., Pathak J. held:
Maladjustment in terms of both
society and the economy is, in most cases, what leads to delinquency among
young people. Even if it turns out that these minors are responsible for some
kind of crime, it is still unacceptable to subject them to ill treatment. They
do not lose their constitutional rights the moment they are taken into custody.
In addition, given that the purpose of the penalty is to make the offender more
responsible, we are unable to fathom what societal good can come from putting
them to prison, where they will interact with hardened criminals and lose
whatever sensitivity they may have had to more refined and noble emotions in
the process.
at this particular instance, a large
number of juvenile undertrials were held at Kanpur Central Jail, where they
were subjected to sexual exploitation at the hands of the adult inmates. This
occurred despite the fact that Kanpur included a children's home at the time.
Because the law is very concerned with making sure that a juvenile does not
come into contact with hardened criminals and that his chances of reformation
are not belied by contact with habitual offenders, the court observed that no
person under the age of 16 should be sent to jail. Instead, he must be detained
in a children's home or any other suitable place of safety.
2) In a landmark ruling, the Supreme
Court of India criticised and discouraged the incarceration of children less
than 16 years old in jail. This judgement came in the case of Sheela Barse (1)
v. Union of India. The judge said that:
It is a subject of deep sadness that,
despite the existence of legislative regulations and the repeated urgings of a
social scientist, there is still a significant population of youngsters housed
in a variety of prisons around the nation.... It is the environment of the
prison that has a profoundly damaging impact on the mentality of the youngster,
alienating him from the rest of society and instilling in him an antipathy that
verges on hate for the institution that keeps him locked up.... Children should
not be incarcerated under any circumstances, and if a state government does not
have adequate space in its remand homes or observation homes, then the children
should be freed on bond rather than being forced to remain in prison.
3) In a different case that is part
of the series, which is called Sheela Barse v. Children's Aid Society, an
appeal was filed against the judgement and the order of the high court on the
basis that the high court failed to examine many contentions. It was determined
that child welfare officials (also known as Probation officials), the
superintendence of observation homes, judicial officers of juvenile course, and
works of the home required specialised training. Children who live in the homes
should be kept busy with age-appropriate activities, but they should not be
compensated for their labour in any way. It was ordered that the State
Government should operate in a manner that is consistent with the state's
constitutional and legislative duties, as well as carry out the directives
issued by the high court and the Supreme Court.
4) In the case of Sheela Barse v.
Union of India, the Supreme Court of India once again ruled that it is unlawful
and against the constitution to imprison mentally ill individuals and children
who have not committed a crime.
5) The Supreme Court, in the case of
Sanjay Suri v. Delhi Administration, expressed concern regarding the human
rights of juvenile offenders and outlined specific directives as follows:
...the appropriate precautions must
be taken to guarantee that young offenders are not given work assignments in
the same region as regular inmates are required to do their labour. It is
important to take precautions to rule out the possibility of them getting
together and maintaining touch.... appropriate measures should be implemented
at the conclusion of every three years to switch who is working as the
wardens.... This move will assist in restoring order and discipline inside the
correctional facilities.
6) In the case of Hiralal Mallick v.
State of Bihar[9], the judge Krishna Iyer made the following observation on the
sentencing approach towards juvenile offenders: The familial ties of the
youngster who is in jail must be maintained alive.
7) In the case Ramdeo Chauhan v.
State of Assam [10], it was decided that whenever any juvenile delinquent
accused of an offence, regardless of the punishment imposable by law, is
produced before a Magistrate or a court, such Magistrate or court, after it is
brought to its notice or is observed by the Magistrate or the court itself that
the accused produced before it was under the age of 16 years, shall refer the
accused to juvenile courts if the act is applicable
Drawbacks
The horrifying event known as the
"Nirbhaya Rape Case" sparked a number of discussions, the most
prominent of which centred on the participation of the juvenile offender, who
was only around six months away from reaching the age of majority at the time
of the crime. Because of this, the Juvenile Justice (Care and Protection Act,
2000) comes into play, and the perpetrator received a sentence of just three
years in prison from the judge. Several demonstrations were held, all of which
called for a revision to the current Juvenile Justice Law in response to this
judgement issued by the Apex Court.
The introduction of the measure was
defended as necessary by the Ministry of Women and Child Development on the
basis of many arguments. First, the Juvenile Justice Act of 2000 (JJA) was
experiencing implementation and procedural delays, which was one of the primary
causes for everything. The National Crime Records Bureau (NCRB) has released
reports that show an increase in juvenile crime between the ages of 16 and 18
years old (from 1% in 2013 to 1.2% in 2013).
In Salil Bali v. Union of India and
another A.I.R 2013 S.C 3743, the Supreme Court of India dealt with the
contention that it was necessary that the provisions of Section 2(k), 2 (l),
and 15 of the Act, 2000 are to be reconsidered in the light of criminal
offences being committed by a person within 16 to 18 years of age, such as the
gang rape of a young woman inside a moving vehicle on 16th December 2012
wherein along with others,
The New Juvenile Justice law
"violates the very essence of the Juvenile Justice Act," as stated by
H.V.S. Murthy, the former president of the Mysuru Bar Association, according to
the claims of this individual. Second, it constitutes several violations of
fundamental rights. Third, this Act does not take into account other significant
elements such as a person's social background or psychiatric problems. It has
been clearly documented by a large number of neuroscientists that throughout
the age of adolescence, the kid experiences significant psychological,
hormonal, emotional, and anatomical change in the human brain. As a result, the
child is vulnerable to a great deal of vulnerability during this time. In the
fourth place, this Act has the potential to unleash a wave of lawsuits filed by
irate parents who are trying to prevent their children from being involved in
romantic relationships.
FINAL THOUGHTS AND RECOMMENDATIONS
The Juvenile Justice Act must be
effectively implemented for there to be any hope of controlling delinquency.
There must also be complete public knowledge of the act, as well as appropriate
orientation and training for professionals and law enforcement organisations.
The implementation of the United Nations Rules for Juveniles Deprived of Their
Liberty (1990) and the promotion of different legislative measures given for
Juveniles might be of assistance.
To reduce the severity of the issue
of delinquency among young people, the following measures might be taken:
It is important to establish an
appropriate method for determining the needs and requirements of the juveniles,
and this mechanism should be evaluated on a regular basis.
It's possible that agencies like the
police that are participating in the system have a perspective that's more
reformative in nature rather than strictly punitive. It's possible that the
goal here is not only to punish the criminals but also to rehabilitate them.
It is imperative that the government
place a greater focus on programmes that are both helpful and appealing to
juveniles over the long term. This will enable young people to feel inspired to
join the mainstream of society and to rebuild their self-confidence, which is
often lost as a result of the indifferent attitude of society.
The sectors of the economic sector,
development programmes with chances for revenue production, professional
training, and vocational education are the areas that may help avoid juvenile
engagement in delinquent activities and provide assistance to those who are
already involved.
Early phase intervention is largely
considered to be the most effective strategy for avoiding delinquency in young
people. For prevention to be effective, it is necessary for individuals,
groups, and organisations to work towards the common goal of preventing young
people from violating the law. The prevention of juvenile delinquency may also
benefit from the participation of non-governmental organisations (NGOs) and the
society at large.
6.
Single parents and parents whose children originate from homes that have
been split up should start taking extra good care of their children from the
very beginning of their development since these youngsters are more prone to
acquire a criminal behaviour later in life.
BIBLIOGRAPHY
Mitra, N.L. Juvenile Delinquency and
the Indian Justice System (New Delhi: Deep and Deep Publications, 1988. Mitra,
N.L. Juvenile Delinquency and the Indian Justice System (New Delhi: Deep and
Deep Publications, 1988.
Siddique Ahmad, Criminology Problems
and Perspectives, page 225 (Lucknow: Eastern Book Company 4th edition, 2001),
Siddique Ahmad, Criminology Problems and Perspectives, page 225 (Lucknow:
Eastern Book Company 4th edition, 2001)
Criminology by Katherine S. Williams,
published by Universal Publications in New Delhi in 2001
Morgan's Introduction to Psychology,
576 (New Delhi: Tata McGraw H Tata McGraw Hill,1999) ill Morgan's Introduction
to Psychology, 576 (New Delhi: Tata McGraw H Tata McGraw Hill,1999) ill
Coleman C. James, "Abnormal
Psychology and Modern Life," page 388, Bombay: D.B. Tarporevala Sons &
Co. Private Limited edition, 1988; cited in James, Coleman C., "Abnormal
Psychology and Modern Life," page 388, Bombay: D.B. Tarporevala Sons &
Co. Private Limited edition, 1988;
Siegel Larry Criminoloy, published by
Wardsworths in Massachusetts in 1999
Article Information
JUVENILE DELINQUENCY: A LEGAL ANALYSIS BY: AKASH KUMAR
Authors: AKASH KUMAR
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/17
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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