This article has been written by Kumari Shalini, a student studying B.A. LL. B from Lloyd Law College, Gr. Noida. The author is a 3rd -year law student.
INTRODUCTION
In India, juvenile delinquency is rising quicker than ever these days. Recently, children have even participated in terrible crimes including gang rape, murder, and kidnapping. It’s a troubling trend that these young, defenseless kids are choosing the criminal underworld over securing a safe and fulfilling future. According to the National Crime Record Bureau, 43,506 crimes against children were reported in 2013 under the Indian Penal Code of 1860, with adolescents between the ages of 16 and 18 accounting for 60% of those offenses. 2.5% of homicides and 5.4% of rapes are committed by juvenile offenders. Juvenile justice was created on the basis of the idea that conventional criminal justice procedures were ineffective for dealing with issues like juvenile delinquency and children in atypical circumstances.
The juvenile justice system in India is at a pivotal point in its development. Beyond the creation of legislation for juveniles in India, the protection of children and an appropriate approach to their improvement has always been the primary goal. Clear distinctions between juvenile criminals and general offenders did not appear in the comprehensive Articles, although always carried a greater weight in the eyes of the Constitution’s writers. The concept of juvenile justice was first acknowledged under colonial administration, which the British Empire adopted, and was eventually transformed into numerous modern-day laws.
Juvenile Act, 2015
A juvenile is a person who has committed a crime and is under the age of 18 in India. Juveniles and minors need to be distinguished from one another. A juvenile is a person who has committed a crime or needs care and protection, whereas a minor is someone who has not reached the age of majority. The Juvenile Justice Acts of 2000 and 2015 were both created as a result of the Convention, and they represent a significant test of the convention’s implementation.
A “child” is defined as a person who is under the age of 18 in sub-section 12 of Section 2 of The Juvenile (Care and Protection) Act, 2015. The Act divides the term “child” into the following two groups: –
“Child in need of care and protection” & “Child in conflict with the law”.
It is generally known as “child in conflict with law” to refer to a youngster who has committed an offense and was under the age of 18 on the day of the offense. The phrase “child in need of care and protection” refers to a kid as specified in Section 14 of the Act.
What are observational homes?
Neglected youngsters and young offenders are housed in observation homes while the juvenile court considers their cases. For young offenders, they are stuffed with all types of facilities and protection. In order to prevent juvenile criminals from committing crimes again, it is the place where positive ideas and moral principles are instilled in them. Each district or collection of districts has an observation home, which the state government is in charge of running. In order to ensure their bright futures, delinquents are given education and training at observant homes. In the 2015 Juvenile Justice and Protection Act, Section 47, it is referenced.
Juvenile Justice and the Indian Constitution
Outlining the rights and obligations of citizens, the Constitution is the highest law of the land. The Constitution also includes clauses that control how the government is run. In order to maintain the smooth operation of society, Directive Principles of State Policy (DPSP) are also included in Part IV of the Indian Constitution. The following clauses addressing children’s rights and welfare are also found in the Constitution:
- Article 21A – Every child, from the age of six to fourteen, has the legal right to a free and compulsory education.
- Children under the age of 14 are shielded from risky employment under the provisions of Article 24 of the Indian Constitution.
- The right to an acceptable level of living and sufficient nutrition is protected by Article 47 of the Indian Constitution.
- Article 39 of the Indian Constitution ensures freedom from forced labor and human trafficking.
As a result, all of the constitutional provisions relating to the care and defense of children’s rights were taken into consideration when parliamentarians developed the Juvenile Act of 2015. And for the same reason, Chapter IV of the Juvenile Justice Act includes a number of legislations designed to enhance and safeguard children’s welfare as well as reform and rehabilitate youths in all conceivable situations.
In regard to Indian Penal Code and Criminal Procedure Code
Nothing done by a child under the age of seven “constitutes an offense,” according to Section 82 of the IPC. And according to section 83 of the IPC, “Nothing committed by a child over the age of seven but under the age of twelve constitutes an offense” if the youngster is too young to appreciate the nature and consequences of their actions in that particular situation. The IPC also covers the offenses of foeticide and infanticide under Sections 315 and 316.
Any offense not punishable by death or life in prison committed by a person under the age of 16 may be tried by a court specifically authorized by the Children Act to decide on such matters, according to Section 27 of the Criminal Procedure Code, which deals with the clause of “Jurisdiction in Particular instance of Juveniles.” Alternatively, it can be addressed by any other law now in force that offers adolescent offenders treatment, instruction, and rehabilitation. A minor who has broken the law is allowed to request anticipatory bail, according to Section 437 of the Criminal Procedure Code.
Case-
The Delhi Gang rape case, of 2012, also known as the Nirbhaya gangrape case is a highly well-known and terrible event. A paramedical student was viciously gang-raped in Delhi by 6 men on a moving bus in this case. A minor made up one of the six members. This landmark decision forced the Supreme Court to consider a crucial issue: Can a child under the age of 18 be treated as an adult for the commission of a terrible offense? The Juvenile Justice Act was amended in 2015 in response to this significant decision, stating that a juvenile who is under the age of 18 but over the age of 16 will be treated as an adult offender.
CONCLUSION
Now, there is a serious threat of juvenile delinquency. To free young children from the clutches of a cruel world, promote and instill moral and cultural values in them, and steer their thoughts in a more constructive direction, special arrangements and procedures are needed. Their future will be secure as a result of this. Strong enforcement of the Juvenile Justice Act is necessary. Without the support of willing arms, action is risky and ineffective. As a result, the government must ensure that the law is faithfully upheld by the relevant agencies. There shouldn’t be a set juvenile age for all offenses in India. The system can be set up to divide the juvenile justice system into different age groups, just like it is done in the United States, the United Kingdom, and France.
The reforming component of juvenile criminal legislation must take precedence over the deterrent component. Despite its shortcomings, the 2015 Act successfully balances protective and punitive measures, ensuring that the juvenile is adequately rehabilitated while also being deterred from breaking the law. Strengthening the other components is essential if the nation is to have better laws and legislation for children.
REFERENCES
- https://openoregon.pressbooks.pub/ccj230/chapter/13-20-the-structure-of-the-juvenile-justice-system/