What is Juvenile Crime, Juvenile Crimes in India, What is Juvenile Delinquency, what are their causes and reasons, what is juvenile Justice , Comparison Between Juenile Justice Act 2000 and Juvenile Justice Act 2015, Case study, Pros and cons for Juvenile Justice Act and conclusion
5. The Juvenile Delinquent is a child trying to act like a
grown up. It is an expression of unsatisfied desire and
urges.
Juvenile Delinquency refers to the anti-social acts of
children and of young people under age which means the
failure of children to meet certain obligations expected of
them by the society..
6. Delinquencyisakindof abnormality when an
individual deviatesfrom the courseof normal social
life..
Act of delinquency mayinclude:
1. Running away from home
2. Habitual behavior beyond the control ofparents.
3. Spending time idly beyondlimits
4. Useof vulgar languages
5. Wandering about rail roads, streets marketplaces
6. Visiting gambling centers
7. Committing sexualoffences
8. Shop-lifting
9. Stealing
10. Other Reasons
• Cozylifestyle
• Low intelligence and academicfailure
• Hyperactivity andimpulsivity
• Engagementin Socialnetworking sites
• Lackof Direction
• Quantity but not qualityeducation
• Communication gap
• Unhealthy competition
• Family conflict
13. PROVISION JUVENILE JUSTICE ACT 2000 JUVENILE JUSTICE ACT 2015
Treatmentof
juveniles
All children under the age of 18
years treated equally. Maximum
penalty for juvenile in conflict withlaw
is three years.
Juveniles aged between 16-18
years committing serious or heinous
offences could be tried as adults.
However, there will be no death penalty
or life
imprisonment.
Juvenile Justice
Board
Conducts inquiry and directsthe
juvenile to be placed in any fit
institution for a period not
exceeding three years.
Adds a preliminary inquiry, conducted
in certain cases by JJB to determine
whether a child is placed in a home or
sent to Children’s Court to be tried as an
adult.
ChildWelfare
Committee
Disposing of cases for childrenin
need of care and protection;
Frequency of meetings not
specified.
Functions are same as in the Act;
training of members to be done within
two months of Bill becoming law
Committee to meet at least 20 days in a
month.
Appeals Appeal to the Session Court within
30 days of JJB order; further appeal toa
High Court.
Appeal JJB/CWC order within 30 days
to Children’s Court, further High Court
(District Magistrate for foster care,etc).
Adoption No provision for inter-country
adoption in the Act; theGuidelines
Inter-country adoption allowed if
adoption cannot take place withinthe
Comparison Between Justice Act 2000 and Juvenile Justice Act2015
15. P has committed rape. P’s case is committed to the session court
after charged sheet is filed. P for the first time before the session
court raises the plea that he was 16 years old on the date offence.
• The session court is obligated to deal with P’s plea under section 7-Aof JJA2000.
•The session court should “make an inquiry” and “record a finding” weather P is a
juvenile or not. As previously mentioned, the session court will first seek documentary
proof, and only in the absence of such proof, will P be sent for medical examination to
ascertain his age.
•On enquiry, if P is found to be below 18 years old on the date of offence, his casewill
be transferred to the JJB and his custody to the observation home. If P is found to be
above 18 years of age on the date of offence, P’s criminal case will continue before
the session court.
•It is necessary to recall that the provision to section 7-A OF JJA 2000 states that a
claim of juvenility may be raised before any court and it shall be recognized at any
stage, even after final disposal of the case.
16. Pros for Juvenile Justice Act
Juvenile Justice Amendment Act protects women: If steps are not taken to
prevent juveniles from escaping the gallows, crimes against women will
continue to be perpetuated in society.
Punishment should befit crime: Providing the violent juvenile convict with
a job and money following his release after he brutalised, raped and killed a
young girl is tantamount to incentivising crime. It gives a wrong message to
poor sections where crime may be seen as a stepping stone for better
opportunities.
What about crimes committed with full knowledge: For juveniles aged
between 16 to 18, punishment should be given in cases such as the Nirbhaya
juvenile convict where there is complete understanding regarding the
implications of the crime.
Criminals are exploiting the juvenile justice system: With increasing
number of organised crime networks exploiting the juvenile justice system and
the loopholes, the Juvenile JusticeAmendment Act will come as a welcome
relief and deterrent for such evildoers.
17. Cons For Juvenile Justice Act
Juvenile courts are not child savers: For their efforts to prevent juvenile
criminals from being tried in court, juvenile courts and specialists were called
child savers. How can juvenile courts be called child savers?
Rehabilitation is possible in some cases: Rising violent crime rates have been
testing the juvenile justice system in many countries. But the Bill does not make
provisions for rehabilitation which is possible in some cases.
Juvenile justice homes are mere warehouses: They do nothing to address the
problem of rehab and neither does the Juvenile Justice Bill.
Human mind not completely developed: Studies have shown that human mind is
not completely developed till the age of 25 and juveniles are poorest of the poor.
Often, such children forced into smuggling and prostitution have either no knowledge
or choice. It is unfair to punish a child as an adult.
Juvenile Justice Homes are hell holes: Homes also lack trained counsellors and
nearly 40% of the criminals lapsed back into crime on account of negligence
from the authorities.
18. CONCLUSION
Attitude and perception towards Child Rights needs a change.
The laws enacted requires to be effectively implemented to achieve the
desired goal of welfare of the children.
The society must encourage children's participation in matters
effecting their rights as services to the children are no longer a charity.
The judiciary has played an appreciable role and contributed a lot in
proper and beneficial implementation of the juvenile justice legislation
by interpreting the provisions of Juvenile Justice Acts so as to provide
maximum benefit and relief to the maximum number of the juveniles
covered under the beneficial and favourable legislation.
A good intended legislation, properly and sincerely implemented and
visionary interpreted, can significantly reverse the crime trends in the
juveniles.
