What is Juvenile Justice?
The juvenile word is derived from Juvenilelis, which means “of or belonging to youth.” Juvenile justice is the field of criminal law that applies to those who are not old enough to be prosecuted for crimes they have committed. A kid is said to have no sin from birth. The child’s surroundings should be held accountable for igniting their criminal tendencies. If these conditions are met, the young person may develop into a distinguished individual.
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Key Takeaways:
- For young offenders, the system places more emphasis on rehabilitation and reform than on punishment. It places a strong emphasis on their growth, protection, care, and reintegration into society.
- According to the statute, a juvenile, or someone under the age of 18, is a kid. The United Nations Convention on the Rights of the Child (UNCRC) is in line with this.
- There are two kinds of children that the Act separates, viz., Children in Need of Care and Protection (CICP). This covers orphaned, mistreated, neglected, and abandoned children.
- Children who have committed offenses are classified as Children in Conflict with the Law (CICL).
- Child Welfare Committees (CWCs) are specialized organizations that deal with matters pertaining to children. They are responsible for supervising the care and security of CICPs.
History of the Juvenile Justice System
- The Juvenile Justice Act 1986 served as the main legislative foundation for juvenile justice legislation in India. It addressed issues pertaining to the disposition of delinquent juveniles and offered protection, treatment, and rehabilitation for children and young offenders.
- The United Nations General Assembly approved the Convention on the Rights of the Child. The goal of this agreement is to safeguard young offenders’ best interests.
- The Convention specifies that there cannot be any court trials or legal actions taken against minors in order to safeguard their social reintegration. The 1986 Juvenile Justice Act was repealed, and new legislation was created by Indian legislation as a result of the Convention.
- As a result, the Juvenile Justice (Care and Protection of Children) Act, 2000, was created by Indian legislation. Twice, in 2006 and 2011, the Juvenile Justice (Care and Protection of Children) Act, 2000, underwent amendments.
- The changes were made to resolve the implementation’s gaps and flaws. The shocking Delhi Gang Rape Case, Mukesh & Anr v. State for Nct of Delhi & Ors (2017), and the rise in juvenile crime cases in recent years have led to significant improvements in India’s criminal justice system.
- The Juvenile Justice (Care and Protection) Act, 2015, quickly superseded the Juvenile Justice (Care and Protection of Children) Act, 2000.
- The main legislative framework governing juvenile justice in India is the Juvenile Justice (Care and Protection of Children) Act, 2015.
A Child in Conflict with Law
- A juvenile (someone under the age of eighteen) who is accused of committing an offense (a violation or breach of the law) and who is not yet eighteen years old as on the date at which the offense is taken place is known as a “child in conflict with the law.”
- By attending to their developmental requirements, this Act also ensures that juveniles receive the right care, protection, and treatment.
- It has chosen to handle disputes in a child-friendly manner, acting in the best interests of the minors involved. It also seeks eventual rehabilitation through the establishment of certain institutions mandated by this law.
- It has made an effort to establish a standardized framework for juvenile justice across the nation.
Case Laws under Juvenile Justice
Sheela Barse v. Secretary, Children’s Aid Society
In the Sheela Barse v. Secretary, Children’s Aid Society case, the Supreme Court ruled that children should not be forced to stay in observation homes for extended periods of time and that they should be kept busy throughout their stay. The professions ought to be friendly and designed to foster human values growth, self-confidence, and life adaptation.
Sanjay Suri v. Delhi Administration
In the case of Sanjay Suri v. Delhi Administration, press reports detailed how juvenile offenders at Delhi’s Tihar Jail were mistreated with staff members’ complicity. The report’s authors subsequently filed a motion with the Supreme Court to request a remedy for the juvenile offenders. The district judge was chosen by the court to conduct an investigation and present a report to the court. His investigation revealed that adult inmates sexually assaulted children. They were afraid they would become victims if their identities were revealed. Based on the findings, the court issued a number of directives. The immediate release of a few adolescent undertrial inmates was mandated. A month of parole (conditional release of a prisoner) was granted to some juvenile offenders who had been found guilty. The verdict emphasized how important it is for jail management to have a humanistic mindset.
Features of the Juvenile Justice (Care and Protection) Act, 2015
1. Categories of Crimes: There are three categories under which the Juvenile Justice Act separates crimes: petty offenses, major offenses, and heinous offenses.
2. Establishment of Juvenile Justice Boards: To address minors who are in legal trouble, juvenile justice boards are established in each district.
3. Composition of the Board: A judicial magistrate and a metropolitan judge, along with two social workers, make up the board.
4. Institutional Care: The Juvenile Justice Board will place the juvenile in institutional care for a maximum of three years, barring the commission of serious offenses.
5. Trial as an Adult for Heinous Offenses: Under the modified legislation, a teenager between the ages of 16 and 18 who is suspected of committing a horrific crime may be prosecuted as an adult if the Juvenile Justice Board determines whether the act is heinous or not on a case-by-case basis.
Conclusion
Juvenile justice is a legal system focused on young offenders, aiming for their rehabilitation and reintegration into society rather than punishment. In India, the Juvenile Justice Act of 2015 governs this area, providing guidelines for handling minors in conflict with the law. The Act categorizes offenses and establishes Juvenile Justice Boards in each district. It also allows for the prosecution of juveniles as adults for heinous crimes.
Frequently Asked Questions on Juvenile Justice – FAQs
No, in cases involving minors, the police are only obligated to report a crime (FIR) if the kid is suspected of committing a serious offense that carries a seven-year or longer term.
Who shall produce a child before the Juvenile Justice Board, and in what time frame?
Within 24 hours, a child must appear before the Juvenile Justice Board, accompanied by a designated Child Welfare Police officer from the Special Juvenile Police Unit.
Can the police keep a child in jail?
A police lockup or ordinary prison cannot hold a child. According to Section 10 of the 11 Act of 2015, the police have 24 hours to bring the child before the 11B. According to Section 12 of the Act, a child may only be detained in an observation home until they are taken to the 11B (within 24 hours) if the police do not immediately release the child on bail. A child welfare officer who is expected to accompany the kid to the 11B for the initial hearing is also obliged to be notified by the police.
Who can release a child on bail?
Police have the authority to release a child on bail for petty offenses. However, the only body authorized to set a child free on bond is the Juvenile Justice Board in all non-bailable cases involving violent or serious offenses.
What are heinous crimes?
Crimes requiring a minimum sentence of seven years in prison or longer. These include offenses like rape, murder, and dacoity, among others.
Reference:
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