INTRODUCTION: Because it emphasizes that nothing is new on this world, the Latin motto “Nil Novi Spectrum” is a wonderful fit for India’s juvenile justice system. Since the ancient period, there has been an assumption that juveniles should be treated leniently since there is a school of thought that says– Young people have a tendency to respond in a significant and persistent frustration that is followed by violent approaches.
In recent years, it has also been reported that the number of crimes committed by youngsters under the age of 15 has increased dramatically. Early-life experiences, dominant masculinity, upbringing, economic chaos, lack of education, and so on are the general propensity or psychology behind the commission of a crime or the causes of crime. Children under the age of 6-10 are being utilized as instruments for carrying out unlawful or criminal activities, which is a source of shame. Because children’s minds are naïve and manipulative, they can be enticed at a low cost.
The Children Act of 1960 prior to the Juvenile Justice Acts of 2000, 2015 and 1986, 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 rate of crime committed by children under the age of 16 has risen in recent decades. The cause of the rising crime rate could be the child’s rearing environment, economic difficulties, a lack of education, or parental care. These are some of the most important reasons. The most disheartening element is that children (particularly those aged five to seven years) are now being exploited as tools for committing crimes because their minds are still relatively innocent at that age and are readily mislead.
The shocking incidence of the “Nirbhaya Delhi Gang Rape Case” on December 16, 2012, shook the entire nation, sparking several arguments among legal professionals and leftists. The main basis for the dispute was the involvement of the accused, who was only six months away from turning 18 years old. The accused’s involvement in such a horrible crime of rape compelled the Indian Parliament to pass a new law, which is known as ” Juvenile Justice ( Care and Protection), 2015.”
With the passage of the Act, existing juvenile laws were repealed, and several significant revisions were made. One of the notable modifications is that juveniles between the ages of 16 and 18 should be tried as adults.
DEFINITION OF CHILD AND JUVENILE UNDER THE JUVENILE JUSTICE ACT, 2015 AND OTHER VARIOUS LAWS: A “child” is defined as a person who has not reached the age of eighteen in sub-section 12 of Section 2 of The Juvenile (Care and Protection) Act, 2015. The term “kid” is divided into two categories by the Act: –
– “child in conflict with law”, and
– “child in need of care and protection”.
A child who has committed an offence and is under the age of 18 years at the time of the offence is referred to as a “child in dispute with the law.” The second sub-category is “child in need of care and protection,” which refers to a kid who meets the criteria set forth in Section 14 of the Act.
Children Act, 1960: According to Section 2(e) of the Act, a “child” is defined as a boy under the age of sixteen or a girl under the age of eighteen.
The United Nations Convention on the Rights of the Child, adopted in 1989, defines a “child” as a human being under the age of eighteen years, unless the law declaration applicable to children, majority, is reached earlier.
DIFFERENCE BETWEEN JUVENILE AND CHILD: A minor is a person who is under the age of full legal obligation and responsibility, or who is under the legal age of eighteen years. A kid accused of a crime is not tried as an adult and is instead transferred to the Child Care Centre, whereas a juvenile is someone aged sixteen to eighteen. A juvenile offender is someone under the age of 18 who has been charged with a crime and is being prosecuted as an adult in court.
In general, both names have the same meaning, but there is a distinction when it comes to legal implications. Minor denotes a child or a teen, whereas juvenile denotes an immature individual or a young criminal.
CONCLUSION: In India, rising rates of youth crime are a serious concern that has to be addressed. Although the government has implemented many rules and regulations to prevent juvenile crime, the current laws on juveniles do not have a deterrent effect on juveniles, resulting in ineffectual results and failure to meet the legislative goal.
BIBLIOGRAPHY: https://www.legalserviceindia.com/legal/article-3089-juvenile-justice.html
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