INTRODUCTION:

HISTORICAL REVIEW:

The worldwide movement for the special treatment of juvenile offenders has begun, in many developed countries like the United Kingdom and also the United States of America. This movement began in the late 18th century. Previously, juvenile offenders were treated in the same manner as other criminal offenders. For the identical reason, the United Nations General Assembly adopted a Convention on the Rights of the kid on November 20, 1989. This convention focuses to protect juvenile offenders’ best interests.

In step with the Convention, there shall be no judicial proceedings or court trials against juveniles so as to shield their social reintegration. Gradually the problem of youth offender was given separate treatment. Some leading penologists have suggested for correctional measure in place of penal measures. India got independence in 1947.

It becomes the signatory to UDHR 1948. Being a signatory to the UNO, India has adopted measures as per the international standard. The constitution makes of India provided separate treatment for the children and women. The assumption that reported in social milieu is under taken to make a strong JJS in India. In this article an attempt is made to examine the special treatment adopted by India for Juveniles in the light of its constitutional philosophy and the international conventions.

The need-based and welfare-oriented/charity-based approach influenced law and policy on juveniles for centuries. This approach perceived children in need of care and protection as tragic victims of circumstance, deserving sympathy and pity. Charities gained importance as a means for the survival of such children. Since the charities were bestowing a benefit to such children out of their benevolence, they expected children to be grateful to them and abide by their conditions. Though some children benefitted from the welfare approach, by and large, such an approach was disempowering for children as they had no say in what would be the benefit‟ given to them, the manner or duration for which they were given the benefit. While the welfare approach was well-intended, with a particular focus on the welfare of children, it did not adequately focus on developing their potential to the maximum in order that they become capable human beings. The charity/welfare approach was particularly problematic as it did not recognize the capacity of children to participate in/voice their opinion on crucial decisions that affected their lives.

The Convention directs the Indian Legislation to repeal the Juvenile Justice Act of 1986 and enact new legislation. As a result, Indian legislation arose with a brand new act which was called The Juvenile Justice (Care and Protection of Children) act, 2000. In 1986 a statue came into power with the end goal of the security of juveniles after that many different laws additionally came into power. Under the steady gaze of this law, each state had its very own enactment on juvenile justice with their being variations inside the strategy juveniles were treated by unique state legal systems. The essential uniform law on juvenile justice however neglected to prompt any emotional improvement inside the treatment of juveniles.⁴ The law kept on electrifying plenty of worry, in human rights circles, pertaining strikingly to the technique juveniles were treated in detention focuses chose as special homes and juvenile homes.

The Juvenile Justice Act of 2000 was passed so as to ratify the United Nations General Assembly’s 1989 convention on the protection of the rights of the kid, but it had been poorly implemented and equipped. It had been updated again in 2006 and 2011, both times vainly, to shut the gaps and loopholes. To combat the increase in juvenile criminality in India, the act was repealed and replaced by The Juvenile Justice (Care and Protection) Act, 2015, which is now the first piece of legislation governing India’s juvenile justice system. As a result, when drafting the Juvenile Act, of 2015, lawmakers took into consideration all of the mandatory provisions outlined within the Constitution to confirm that children’s rights are protected all told possible ways.

Afterwards, the incident of brutal gang rape on 16th December 2012 changed the entire regime of the juvenile justice system in India. The award of only 3 years maximum period of detention to one of the accused who was 17 years and few months among the culprits of gang rape in Delhi in spite of the gravity of offence raised wide protests in all over the country against the liberal and soft approach of the JJ Act, 2000.

MEANING AND CONCEPT:

Juveniles are perceived worldwide as remarkably resources of the state. the more extended term of the state exists in the hands of the children, WHO are perceived on the grounds that the especially resources of the state anyway because of the lacks of concern of our general public everything considered circles, these future partners aren't referred to appropriately that outcomes in child delinquency. The law presumes that a toddler under the age of seven may be a ‘Doli Incapax.’ This implies that the kid lacks the mandatory ability to understand the character and consequences of their actions and, as a result, is unable to make a provision.

The principle of Doli Incapax is predicated on the concept of criminal responsibility, which states that someone must be held criminally to blame for the activities intended to be committed. The term ‘juvenile justice’ has often found different meanings for different contexts. It is often related to concepts such as juvenile court, rehabilitation of the young etc., but from a wider or broader perspective juvenile justice includes provisions for the welfare and well- being of all the children in need and protection. It is used to refer to social and juridical justice to the neglected and delinquent children through the use of code, court etc. for these children they are usually led to this type of lifestyle because they commit an offence or because of circumstances that led them to lead a life of crime. Juvenile Justice System is a system coming within the area of criminal law administration of justice.

This is a system adopted for the young person not old enough to be held responsible for criminal acts. It is adopted as correctional measures for Juvenile delinquency. The etymological term ‘Juvenile’ means young person or any young person’s retaining the nature and characteristics of a child. The term ‘Delinquency’ connotes ‘failure to observe norms of society or omission of duty, involving with crime or doing any wrong.

JUVENILE JUSTICE COMMITTEE:

There is a committee structure in situ to analyse and listen to juvenile law violations. The presiding judge and two social workers, one amongst whom must be female, comprise the board of directors.⁵ Under no circumstances may the board of directors regulate or operate a daily courthouse, per the law. The choice of the chief judge is final. Special Procedures in Juvenile Court: The law establishes procedures for juvenile offenders.

The following are the most special procedures :-

1. A complaint filed by officers or citizens can’t be wont to start legal proceedings during a case.

2. Hearings must be casual and strictly confidential.

3. Offenders must be monitored even after they’re released from custody.

4. Judges make decisions on minors who break the law.

JUVENILE JUSTICE (CARE AND PROTECTION) ACT, 2015:

The presentation of the New Juvenile Justice (care and Protection of children), 2015, has presented some of the uncommon changes inside the current Juvenile Law. The Juvenile Justice Act of 2015 replaced the Juvenile Justice Act of 2000 on the grounds that a more powerful and viable justice framework that focused on impediments within the type of reformative methods was required. Juveniles mustn’t be treated as adults; there are debates in Parliament about giving juveniles more room for change, reconstruction, or reform, which is simply possible when there’s a rare justice framework.⁶ As a result, new demonstrations, like the Juvenile Justice (Care and Protection of Children) Act, 2015, focused on a juvenile agreed method of mediation and case disposition. The new Act under lying following basic guidelines such as principles of participation with due regard to maturity, Principles of best interest of the child, Principles of ensuring safety without my abuse of the child, Positive measures for well-being and development of child, Presumption of innocence, Principles of dignity and worth, Principles of family responsibility to take care, and Principles of non-accusatory.

CONSTITUIONAL SAFEGUARDS:

The Indian Constitution is considered the country’s constitution. Citizens’ rights and duties are outlined within the constitution. It also ensures the operation of the presidency machinery. Part III of the Constitution established fundamental rights for its citizens, and Part IV established the Directive Principles of State Policies (DPSP), which function as general guidelines within the formulation of state policies.⁷ The constitution includes some fundamental rights and provisions, particularly for the welfare of youngsters.

1. Right to free and compulsory educational activity for all the youngsters under the age of 6 to 14 years. (Article 21A)

2. Right to be protected against any hazardous employment under the age of fourteen age. (Article 24)

3. Right to be protected against being abused in any form by an adult. (Article 39 (e)

4. Right to be shielded from human trafficking and compelled bonded labor system. (Article 39)

5. Right to be supplied with good nutrition and proper standard of living. (Article 47)

6. Article 15(3) of the Constitution of India provides special powers to State to create any special laws for the upliftment and therefore the betterment of youngsters and girls.

CONCLUSION AND SUGGESTIONS:

The juvenile justice system is a system which provides an overall development and protection for young children.⁸ It is a positive concept that needs to be encouraged more and more for the benefit of the young child, as young children do not have the capability of realizing right from wrong so they cannot be held against them, however in my opinion there should be laws that should be implemented so that the minors cannot take advantage of any of the situation that they are in, after all the law has to be equal to all. The problem of juvenile delinquency is not the problem of just one society. It existed in all the societies be it a poor society or a rich society. It can be said that it is a burden on the society and spreading like a plague ruining the future of a country. So, it cannot be solved by just making the legislations only. Certain collaborative efforts are required both on the part of government and private agencies to think out an effective solution to the juvenile delinquency. Children are without a doubt the world’s future. More reform legislation aimed at preventing such juveniles is desperately needed to secure their future and the future of society.

The rising rate of juvenile delinquency in India is cause for concern and requires immediate attention. Hence to solve the issue of juvenile delinquency, everyone has a role to play, such as society, parents, rehabilitation facilities, and so on. If all of these factors come together, this real-life problem will be solved in no time.

The suggestions are as follow:

1. Government should recognise the importance of allocating resources for the prevention of delinquency.

2. Early intervention playa an important role in keeping juveniles from embarking on a life of crime.

3. Juveniles should be treated psychologically in consultation with a psychiatric.

4. Co-operation of NGOs and other social organisations may also be sought for by the JJ Board in addition to special juvenile police unit and probation officer.

5. Government Welfare official should be appointed by the government to work as a liaison officer between the NGO and Juvenile Justice Board child welfare committee.

6. Juvenile should be brought before Juvenile Justice Board within 24 hours.

7. In no case the juvenile shall be sent to prison in default of payment of fine or default of furnishing security.

8. Judges in the juvenile courts should be trained to recognize the educational, social and treatment needs of the children crisis.

9. The age of the juvenile should be determined with reference to the date of commission of the offence.

10. The Juvenile board should ensure that privacy rights of the juvenile are not violated and section 21 of Juvenile Justice Act is strictly complied with in letter and spirit.

REFERENCE:

1. Nirbhaya Case – https://en.wikipadia.org/wiki/2012 Delhi gang rape retrieved on 14.4.16

2. Ghosh, Dwaipayan (2013). “100 Juveniles Booked for Murder, 63 Held for Rape”, The Times of India. June 14.

3. Mishra, Alok K. N. (2013)“Juvenile Delinquency on the Rise. Times of India, July 13”

4. Chatterjee SK. Offences against children and juvenile justice (Central law publications, Allahabad second edition, 2016, 388

5. Drowns, Robert W. et al.: juvenile Justice, 1990

6. Paranjape NV. Criminology and Penology, (Central Law Publications, Allahabad, 12th edn. 2006, 487

7. Juvenile Justice (Care and Protection of Children) Act, section, 2015, 2(13)

8. Beijing Rules 1985, United Nations Rules for the protection of Juveniles Deprived of their liberty 1990 etc.

Received on 20.03.2023 Modified on 18.04.2023

Asian Journal of Management. 2023;14(2):151-154.

DOI: 10.52711/2321-5763.2023.00025