ABSTRACT
Child welfare is of supreme importance to mankind. Children around the world are convicted and detained for alleged wrong doings are often not given the protection they are entitled under the convention on the rights of the child. Several instances of juvenile turning into repeated offenders which points to the failure of existing system to rehabilitate and reform children in conflict with law. The first legislation on juvenile justice in India came in 1850 with Apprentice Act which required that children between ages of 10 to 18 years convicted in courts to be provided vocational training as part of their rehabilitation process. This act of 2015 is for two categories of children; children in need of care and protection that are dealt with (CWC) child welfare committee whereas child and conflict with the law are dealt with juvenile justice board (JJB). There are several perspectives that have been developed to explain justice, delinquency, crime and punishment. There are two perspectives: classical and positivism, that have been emerged to determine treatment of juvenile delinquent behaviour. The social structure view is the position in the socio-economic structure influences the chances of becoming delinquent. The 1973 criminal procedure code confines the juvenile code jurisdiction to youths under 16 years old who have committed offences not punishable by death or life imprisonment. Sindhu Tania Sapkal and Kailash Satyarthi are the two notable children’s rights activists in India. The Latin maxim ‘Neil Novi Spectrum’ is a good fit for India’s juvenile justice system since it emphasizes that nothing is on this planet.
Keywords– India, Justice, Juvenile, Challenges, Protection.
Tables of Content
V.. IMPACT OF SECTION 3 ON JJA 2015. 3
VI. SOCIO- ECONOMIC CHALLENGES. 4
I. INTRODUCTION
This act transplanted by the reformatory rules act, 1897 and later came the children act 1960. The children act was replaced by Juvenile Justice Act 1986.The juvenile justice (care and protection of children) Act, 2000 was introduced by Maneka Gandhi. Then enacted as juvenile Justice Act (care and protection) in 31st December 2015.Juveniles are those person who are below the age of 18 years (the person who hasn’t attended the age of majority that is 18). Juveniles can be accused or the person who’s in need, care and protection. Juvenile Justice Act of 2015 deals with two categories of children that is- children in need of care and protection that deals with (CWC) Child welfare Committee. It basically focuses upon the children who are in need of protection those children who are neglected- exploited, mentally, physically, emotionally or sexually abused. Orphan children- child who lost his/her both parents or else abandoned children- child who’s deserted by their own parents or guardians. Whereas Child and conflict with the law deals with (JJB) Juvenile Justice Board consisting of social workers, judicial magistrate. It deals with the children who committed crime and they are against laws and found guilty for committing an offence. According to the intensity of the crime they are sent to juvenile correction homes. “Juvenile delinquency can be broadly classified into four types by Howard Becker in 1966, i.e. individual, group- supported, organized and situational delinquency “(Manupatra). Juvenile Justice Act, 2015 comprised of total 71 sections.
II. RESEARCH QUESTIONS
- WHAT IS THE IMPACT OF SECTION 3 OF JJA?
- WHAT ARE THE SOCIO-ECONOMIC CHALLENGE THAT IMPACT THE IMPLEMENTATION OF JJA ACT 2015?
III. METHODOLOGY
A descriptive, analytical and statistical method is followed in this throughout research paper. Descriptive method of study is used to brings out the details that is concerning about the present situation with respect to research problem. Whereas for critically analysis the analytical method is used. And for the history and present situation statistical data is used. This paper is based on primary and secondary data. Primary data consists of books, cases in past and present. While secondary data consists of articles and journals from authentic sites. This study majorly based upon present data and no empirical data is conducted by field work.
IV. LITERATURE REVIEW
Books and articles were referred for this research. Some of the books like Juvenile Justice An introduction by Jhon T. Whitehead, Steven p. Lab in which special attention was given to female minor involvement in offences, life sentence to juveniles, Juvenile crime and victimization. Juvenile Justice Act, 2015 bare act for section 3. Juvenile Justice- A commentary by Kumar Askand Pandey in which majorly emphasize upon philosophy, law, child’s protection under JJA 2015, child rights and police role and involvement. Articles on Juvenile justice by legal service India in which history of juvenile, justice system for juvenile, types of offences is described. Juvenile delinquency, welfare by National Institute of health (Gov.) in which crime, who’s a juvenile and welfare is described.
V. IMPACT OF SECTION 3 ON JJA 2015
Section 3 of Jubilee Justice Act 2015 defined here by, (i) Principle of presumption of innocence: Any child shall be presumed to be an innocent of any mala fide or criminal intent up to the age of eighteen years. (ii) Principle of dignity and worth: All human beings shall be treated with equal dignity and rights. It clearly states that the innocence of the juvenile is marked by his/her age nor by the intensity of the crime or offense done. It is the most dangerous situation for the prevention of Juvenile and the law itself. Crime should be punished not the criminal. In Nribhaya rape case also 1 minor was involved but because of loopholes in Juvenile Justice Act he was released after 3 years of reformation home. But it gave a major question to the law safeguards .There by it’s been amended that any Juvenile who is above 16 and committed a heinous crime will be treated as an adult not as a Juvenile and will fall under the normalizing proceeding of law. It made a huge difference but still many heinous crime yet to be proven. People use that still as a safety card. Which type of crime is considered to be heinous or which not, after this also in many rape cases the accused was Juvenile and fall under it. Which kind of rape is heinous, is only a rape heinous? It questions the Judiciary system. And still somehow remains as a hurdle in the implementation of Juvenile justice act, 2015.
VI. SOCIO- ECONOMIC CHALLENGES
Not only one but there are various factors that impact the Juvenile delinquency in India. After major amendments also it still hampers and challenges JJA, 2015. Not only social but political, psychological, economical becomes the major factor of it. Those children who comes from a economically low class family usually get more involved in crimes like drugs use, gang involvement, sexual activities and others so because other issues are also connected with the economic one as they unable to get good education, proper environment for their growth, usually some of them also have psychological problems due to traumatic childhood as they usually cause sociopaths or psychopaths , and young age serial killers the most dangerous situation for a country to deal. There is also a socio-conflict theory involved which states that Juveniles are rebellious they don’t like suppression and when so then it becomes the Juveniles reaction to this status. Economic issues cause lack of infrastructure which includes lack of rehabilitation centers. Social problems like limited awareness caused by division of social groups in which some of the lower economic group have no awareness about it. Stigmatizing is also the main factor for those Juveniles who went for rehabilitation center they usually not socially accepted by the society due to social stigmas.
VII. CONCLUSION
Child welfare is the Supreme welfare for a nation. Those children who perform crime is very obvious that their mental state is different from even an adult. Juvenile crimes are increasing and that need to be focused. We have law and still amendments going on but the major issue is not the law but the loopholes in the law and proper implementation of it. Awareness acts as main key in it. Social division is very big hamper in this scenario but it goes with everywhere as division and conflict theory exists. But not the government only but every people need to understand this. From very basic unit like family is the major cause of increasing Juvenile crimes. Stable environment is necessary. So it’s parent’s responsibility too. Those who are orphan needs to be in a good place. Only an established system won’t work but a working system will. New laws should be introduced to strictly follow this and present should not be taken lightly as we have to punish the crime not the criminal.
By SHRUTI ANAND
Alliance School of Law Alliance University, Bengaluru
VIII. REFERENCE
1. Child Line in India, child protection and child rights- Nanhi Jaan Foundation, child protection and child rights.
2. Section 3 of Juvenile justice act, 2015
3. Section 2 (k) of Juvenile justice act, 2000
4. Dr. Bikram kumar Das (2016), Juvenile Justice System in India, Indian Journal of research, volume-5, issues-5, page-1.
5. Swagat Raha, How will the new Juvenile Justice Act factor in children recruited by Naxals for ‘heinous crimes’? F. India 12th January, 2016.
6. Role of Juvenile Justice System in India by legal Readings.
7. The law Related to Juvenile Justice System in India: A critical Analysis by legal service India.