Juvenile Can be defined as a child Below the age of 18 years or a Juvenile is a child or young person who is not old enough to be considered as an adult person.
Delinquent is a child who committed any offense or any young person under the age of 18 years Committed any unlawful Act. Juvenile Delinquency Can be influenced by some of the major factors like low self esteem, Peer influence or influence by the family of the Juvenile and some other factors like sex, Race, Caste. For the Society's values Juvenile Delinquency is important. If a Child as Commits a crime they are required to be punished so they couldn’t repeat the same in future and it shows a lesson to Others also. There are many problems faced by children there are over approx. 35% children as per total population in India and children's are facing problems related to Care of children or child welfare and even related to the Development of child in society where is shows that India in under obligation to provide proper care and protection to children relating to main aspects like education, nutrition & Health, etc.
As per the ancient time period it was observed that Juvenile’s were treated as innocent child who have mistakenly on in the prolonged frustration or aggressive Nature have Committed an offence But as per the views of present crime committed By children Below the age of 18 years or 15 to 16, years of age of children are committing , Some kind of Heinous crimes and It is observed an increment in Petty offences Committed By Children Below the age of 18 years High rates of child Mortality, school dropouts, child labour, handicapped children considered as a children under Juvenile Delinquency. The Juvenile Justice system and the other social welfare association / scheme observing the condition / situations of Children those who are showing signs of Delinquent Nature and State is also taking up the responsibility for the development of children living in such Conditions and providing Better opportunities to the children to enhance their skills and leads to Better Development of children.
After, The Horrible incident of Nirbhaya Case [Nirbhaya Delhi gang Rape Case ] 2012, Shocked the society/ Nation and every single individual which results in many debates among Citizens, socialists and legal associations The accused involved in the rape & murder Case was just six months short to attain the age of 18 years and this is the only reason for Discussion/Debate among the individuals and the society. Through this Heinous Nature of crime Committed by a child
Below the age of 18 years forced the legislature to get focused on the situation & to Came up with a New law, where In the year 2015, Juvenile Justice ( care & protection) Act, 2015 was enforced and many changes occurred among which one change is the change in age group i.e; 116to 18 years should be tried as adult.
The Act mainly focused on the following aspects-
• child 2(12)
• Child in conflict with law 2(13)
• Child in Need of care & protection 2(14)
• child legally free for adoption
• offenses against children & also include Pocso
• Procedure of child in conflict with law.
where as, child in conflict with law is the offender or child who Had committed the crime & attain the age Below 18 years and whereas, Child in Need of care & protection are the Victims or those children that are used to commit any crime child that come under the Category of child in need of Care and protection are those child who are
• Found without any Home- a child who does not have any home or have proper home or residence or shelter is a child who needs proper care and protection our child needs in need of care and protection is to be produced before child welfare commission within 24 hours of rescue the act provides mandatory reporting found separate from his Guardian.
• Runaway Child- child run away from home hostel or from Juvenile justice board or children who have abundant their house or have Rain from a protected environment including the Juvenile just a centers come under the umbrella of child in need of care and protection the next procedure with run away children is to contact with their gorgeous and child will be sent to Welfare homes.
• Missing Child- a child who is kidnapped or found in some other district or if a child is lost or separated from his parents knowingly or unknowingly is sent to the Welfare homes and next procedure will be to produce the child before the child welfare commission and established communication with parents.
• Affected in armed conflict, Natural Calamity- all those children who become victims to violence are taken care by the state government through child welfare commission. Example- children found paralyze in the Kedarnath tragedy
• A child who doesn't have Parents or even guardians- children who have lost their parents in a tragedy or whose parents are serving imprisonment are taken care by CWC board.
Juvenile justice act,2015 lays down following objectives
• The Juvenile Justice system must focus on Juvenile or the child needs Care and protection. • Juvenile Justice Act focus on the rights of child
• The Juvenile Justice act encourages juvenile justice Board to establish more CWC or correctional Homes.
• Juvenile justice act allows children Between the age of 16 to 18 to be considered as Adult in case of Heinous crime committed by them.
• Juvenile justice act provides for Rehabilitation and social Integration as Rehabilitation means Restoration & Rebuilding someone to normal and social integration mean Re integration of a person into Normal Society
The Constitution has established some fundamental rights and provisions for Child welfare i.e;
• Article21- article. 21-A provides compulsory education to every child. • Article 24- article.24 provides protection from any kind of employment under the age of 14.
• Article 39(e) – It provides a Right to be guarded from assault.
• Article 39- provides protection from trafficking in human beings
• Article 47- it provides a right to live a decent quality of life.
• Article 15- This act provides specific Power & specific laws for the improvement of women & child.
Juvenile Justice is based on two main aspects:-
The doctrine of Parens Patriae- this Doctrine permits the court to conduct the proceedings related to Benefits to be provided to children that trials are not to be conducted for criminal guilt.
Doctrine of Individualized treatment- This Doctrine focuses on Rehabilitation of Delinquent Juveniles it helps to enhance the personality, Skills, psychological development and Social Integration of a child.
The Major Role of Juvenile Justice in India are –
• Skill Development
• Addressing treatments
• Successful Reintegration
• Reducing the use of Detention
• Providing High Quality Programmes
The main discussion to be seen is to improve the Juvenile Justice system and to save the child's future and to provide proper care to the children who are in Need of care & protection.
This article is written by Garima singh of Graphic era hill University, Dehradun.