There has been a notion that juveniles should be treated more leniently because – Young people have a tendency to respond with considerable and lasting frustration, which is often accompanied by aggressive approaches. In recent years, it has also been observed that the number of crimes committed by youngsters has increased dramatically. Early-life experiences, upbringing, economic turmoil, lack of education, and other factors all have a role in the commission of crime or the causes of crime. Children between the ages of 6 and 10 are nowadays utilized as instruments for carrying out unlawful or criminal activities, which is a source of shame.
Because children’s minds have a naive and manipulative nature, they can be enticed for a little cost. We need a penal law, according to a former Chief Justice of India, since a child is the father of a man, and if we ignore underdevelopment in children, we would be guilty of many faults and errors related to leaving our children. Prior to the Juvenile Justice Acts of 2015, 2000, and 1986, there was the Children Act of 1960, which aimed to put into effect international responses to the issue of juvenile justice by providing a uniform policy that protected a juvenile’s interests and rights and looked at the care, treatment, rehabilitation, and development of a child in general. The shocking incidence of Nirbhaya Rape stunned the entire nation, sparking numerous arguments among the legal community. Only children aged 7 to 12 can be punished, according to the penal rules, if the conduct they committed is a severe crime and they have knowledge and have achieved sufficient understanding to grasp the implications of the act. A minor is a person who is under the legal age of full legal obligation and responsibility or who is under the legal age of eighteen years. A child accused of a crime is not prosecuted as an adult and is placed in a Child Care Center, whereas a juvenile is someone aged sixteen to eighteen.
A juvenile offender is a minor who has been charged with a crime and is tried as an adult in court. Because there was a need for a more robust and effective judicial system that focused on both deterrence and reformative measures, the Juvenile Justice Act of 2015 superseded the Juvenile Justice Act of 2000. The attitude to juveniles should be different than that to adults; there have been arguments in Parliament that juveniles should be given more room for transformation, reform, or progress, and that this can only happen if there is a specific justice system in place. As a result, the new Juvenile Justice (Care and Protection of Children) Act, 2015, focuses on a juvenile- friendly approach to adjudication and resolution of cases. The “claim of juvenility” is the most contentious issue among the legal community. The Juvenile Justice Board will decide on the claim of juvenility.
The Board must rule on the claim of juvenility prior to the court proceedings, although the claim of juvenility can be brought before the court at any time throughout the proceedings, including after the Board has resolved the matter. In order to determine the claim of juvenility, the Board had to analyses Rule 12 of the Juvenile Justice Rules, 2007. Under Section 9 of the Juvenile Justice Act, 2015, the accused has the right to raise the issue of juvenility at any moment throughout the trial or even after the case is closed. The date of birth indicated in the school records will be taken into account by the Juvenile Justice Board when determining whether or not the accused is a juvenile. The date on which the accused is brought before the relevant authority should be the date on which the allegation of juvenility is decided. Every individual, including children, has unique behavioral tendencies.
Early childhood is where behavior patterns emerge, and it’s tough to spot any form of conduct at that age. However, as a child grows up and enters the real world, his or her behavior patterns vary with time, and a variety of conditions or situations may trigger delinquent behavior in them. The Indian Constitution is regarded as the country’s fundamental law. Citizens’ rights and responsibilities are outlined in the Constitution. It also includes provisions for the proper operation of government machinery. Part III of the Constitution establishes Fundamental Rights for citizens, while Part IV establishes Directive Principles of State Policies (DPSP), which serve as general principles in the formulation of government policies. Some basic rights and provisions, particularly for the welfare of children, are enshrined in the Constitution. For the same reason, Chapter IV of the Act establishes provisions for the welfare of juveniles, with a focus on the Reformation and Rehabilitation of Juveniles in all circumstances. Under the Indian legal system, juvenile justice is defined as a legal framework that defines justice for minors. Juvenile criminality receives special consideration and protection from the system. One of the most crucial factors in determining the accused’s maturity level is to ascertain his or her age. With the rise in crime, the topic of whether or not a child can be tried as an adult is becoming more pressing. No juvenile offender who falls within the criteria of “kid in conflict with the law” will be tried as an adult and will be transferred to a Child Care Center or any Rehabilitation Center, according to the statute (till the offender attain the age of 21 years and then he or she may shift to the jail or prison). According to the Act, the highest sentence a minor can get is three years, and this punishment is also applicable to severe crimes.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
Do follow me on Facebook, Twitter Youtube and Instagram.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com
In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.