The Evolving Landscape of Juvenile Justice: A Comprehensive Examination of Policies, Practices, and Reform Initiatives (original) (raw)
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Juvenile Justice System in India: Aims, Objectives, Failures, and Suggestions for Reform
The juvenile justice system was established to protect, rehabilitate, and reintegrate children who have come into conflict with the law. Globally, it seeks to balance justice with the welfare of the child, ensuring that their rights are protected and they are given a second chance at life. In India, the Juvenile Justice (Care and Protection of Children) Act, enacted and amended multiple times, mirrors these objectives. However, the implementation of this noble framework has often been riddled with challenges, failing to meet its intended goals. This paper traces the origins of the juvenile justice system from its global inception, examines the aims and objectives in the Indian context, and highlights the gaps between the law's promise and its practice. By analysing the failures in its execution, particularly the lack of proper infrastructure, training, and timely legal intervention, this paper proposes reforms to restore the juvenile justice system to its intended purpose. A robust system is essential for creating a society that truly prioritizes the rights of children and fosters their rehabilitation over punishment.
The Juvenile Justice System in India: From Welfare to Rights
Asian Journal of Criminology, 2007
This book is a macro-level examination of historical, legislative, executive, and judicial processes of juvenile justice in India, focusing on profiles of juveniles, patterns of juvenile delinquency, and the nature and scope of the juvenile justice system (Chapter 1). In addition, Chapter 1 critically evaluates the basic definition of 'child' and categories of juveniles under various juvenile justice acts. Chapter 2 nicely lays out the foundation for India's current juvenile justice system by tracing the status of children from the eighteenth century through the entire post-colonial period. The most significant period in the history of India's juvenile justice system started with the passage of The Madras Children Act 1920, modeled after the English Children Act 1908. The act included an age limit for childhood, prohibition against imprisonment for children of certain ages, and provisions to place children in certified schools or remand homes, depending upon their ages and offenses. Following the Madras example, several other provinces enacted similar legislation. Post-1950, the government of India has created the Planning Commission (1951), whose role, among others, is to increase funding for social welfare issues through implementation of Five-Year Plans. It was not until the Eighth Plan (1992) that the 'Girl Child' was recognized as an important asset for the country, thereby requiring that resources be set aside for development of India's female children. The Plan was also geared to prevent discrimination. The Ninth Plan further took notice of increasing delinquency, neglect, abuse, and exploitation, among other problems. On the legislative front, the Government of India followed the recommendations set forth by the Beijing Rules (1985) for a uniform juvenile justice law. More notably, Sheela Barse, a crusading journalist ultimately filed a public interest litigation for the release of juveniles illegally detained in jails by challenging the conditions of their detention. Her efforts resulted in not only in the removal of all children from jails, but also other developments in the field. One such development was the passage of the Juvenile Justice Act (JJA), which replaced the patchwork of prior juvenile legislation throughout India. The act provided for uniform definitions and judicial procedures for delinquent and neglected
Juvenile Justice Rights in India
isara solutions, 2021
Juvenile means a child who is minor and who has not completed 18 years of age. India being a developing country, juvenile delinquency to be addressed as most serious problems a greater number of crimes are been committed by juvenile. However, it is a cause of concern in India It has been said that as long as children are allowed to suffer, no true love will be there in the world. Minors should be exempted from fines and punishments because the level of understanding of 7 year and 18-year-old is different. International conventions and treaties, are still in action to deal with the problem, standard legal guidelines are set for the rights of juveniles or children who come in contact or conflict with the law. United Nations Conventions on the Rights of the Child has widely ratified international directive principles through incorporating right consciousness into juvenile justice reforms. Worldwide many jurisdictions have accepted reformative and rehabilitation systems,
Juvenile Delinquency in India- Latest Trends and Entailing Amendments in Juvenile Justice Act
PEOPLE: International Journal of Social Sciences, 2018
Juvenile delinquency is a serious offence and it is detrimental for the social order in any country. There is a trend of increase in juvenile crimes world-over, with more and more involvement of the youth in violent crimes. India shows similar trends of increasing rate of violent crimes committed by the juveniles. It is a very serious concern for the nation and solutions to end the problem need to be sought very carefully. Indian legal system and judiciary has responded to these trends and has brought some amendments in the laws pertaining to juvenile justice in India. This paper aims at looking at the causes of juvenile delinquency and explanations given by scholars from various fields to explain the problem. The analysis of statistical data available at official sites indicates increasing involvement of the juveniles in heinous crimes. To contain the problem of juvenile delinquency in India, the Act pertaining to Juvenile Delinquency has been amended and now trial of juveniles involved in heinous crimes is held as adults.
Juvenile Justice Systems in United States and India: Modern Scenario and Much Needed Modifications
Journal of Law and Criminal Justice, 2014
A criminal activity committed by adult which is in violation of law is considered as a crime and is punishable in law but if the same activity is committed by a child below a particular age, it is not considered a crime and is referred as juvenile delinquency no matter that a child with full understanding has committed a very serious, grave, grim and a heinous crime. How long it will be treated as justified and defensible? Seeing the nature of crime, presently, in United States of America States are shifting from rehabilitation model and are getting tougher on these so called juveniles but it is a misfortune that the same pattern is not followed in India, this in spite the fact that the most brutal, the most nasty, the most vicious , the most unruly of all the accusers in Delhi gang rape case held on December 16, 2012 was a juvenile. Undoubtedly the number of serious, monstrous and odious crimes committed by juveniles are mounting up every day as these young offenders very well know that they can easily get free even after committing such ferocious, heart piercing acts. The question here which really requires pond ration is can these persons be seriously called as innocent, blameless and naive persons? The answer is perhaps "No". When these persons can hatch a plot, churn their ideas to commit sinister, ominous offences like rape, murder, dacoity etc they can no more be called as innocent, guiltless persons and this rehabilitation model which has been till ages followed in so many countries should no more be applicable on such juveniles no matter what their age. Many countries have now after seeing the nature of crime committed by the young offenders changed their policy and are now moving towards tough reforms but in India, presently, it is seen that much importance is given to the age factor, rather, it will not be wrong to say that the only factor which is taken into consideration is the age factor of the juvenile. It is submitted that apart from the age , the severity of crime, the intention, the degree of atrocity etc should also be taken into consideration. The said paper focuses on the juvenile system in United States and India, the lacuna in the system, should age factor of a person play an important role in determining his culpability, his blameworthiness and what can be done to sort out this most menacing, most reprehensible and most appalling problem.
Indian Juvenile Justice System: Child Conflict with the Law
INTERNATIONAL JOURNAL OF LAW MANAGEMENT & HUMANITIES, 2021
The unfortunate Nirbhaya incident occurred in 2012, which shocked the entire nation and called urgent need to amend the present law, where juveniles 16-18 years of age may be tried as an adult if they are charged with a heinous crime. This article starts with the evolution of norms and procedure as regards with juvenile justice. It further delves into the historical background starting from pre-independence era to post-independence era and to the current scenario. Further, it also shows that the increasing trend in the incidence of juvenile crime is a matter of concern. Then, it covers 3 models of juvenile justice system which are used across the world to deal with juveniles in conflict with law. Lastly, the article discusses about the adolescent brain development and further analyses the level of maturity, decision making and self control of juvenile. In the end, the article raises few important questions which the current laws need to address
This study aims the causes behind juvenile delinquency, and the measures that are being taken for the positive development of the children in conflict with law. The reason for the rising trend of criminal tendencies among youngsters in our society is due to the deteriorating family structure and parent-child relationship. The games that today's children play on their cell phones, laptops or personal computers are full of violence and aggression. Even the TV programmes and movies nowadays are crime related and have violent content. It is the duty of the parents to check how much of education value is there in these programmes. The fact is that today's children have very few options for venting their natural teenage aggression. There is minimal communication even in friend circles, except for playing games. In such a scenario, children, especially the youth, do not know where to stop or what are the consequences of getting involved in criminal activities. The situation of Tamil nadu points out to the vulnerable conditions of children in conflict with law that need to be addressed urgently.