10/14/2018 A Critical Analysis of Juvenile Justice Act and System in India

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Mini Review    J Pol Sci Pub Aff 2017, Vol 5(4): 296 DOI: 10.4172/2332-0761.1000296
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Sruti DK*
Kamala Nehru College, Delhi University, Delhi, India Select Language
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*Corresponding Author: Sruti DK, Kamala Nehru College, Delhi University, Delhi, India, Tel: +355
4 242 1806, Email: sruthidevan333@gmail.com Post Your Comment

Received Date: Aug 11, 2017 / Accepted Date: Oct 05, 2017 / Published Date: Oct 16, 2017 Citation

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Introduction     
Children are recognized worldwide as supremely assets of the state. the longer term of the state Relevant Topics
lies within the hands of the kids, WHO are recognized because the supremely assets of the state
 Advertising Journalism
however as a result of the indifferences of our society all told spheres, these future stake holders
aren't cited properly that results in kid delinquency. Children or delinquency is Associate in  Analytical Sociology
nursing alarmingly increasing downside inflicting a supply of concern all told over the globe.  Archaeology
Children need to be the topic of prime focus of development designing, research, and welfare in  Arts
Asian country however sadly, it's not been therefore. Despite the Constitutional vision of a healthy
 Broadcasting
and happy kid protected against abuse and exploitation, and a National Policy for youngsters, the
 Business Administration
bulk of kids in Asian country still live while not a cared, protected and substantive childhood [1,2].
 Central Administration
India could be a soul to world organization Declaration on The Rights of the kid, 1959 that
 Child Labor
outlined and recognized varied Rights of the kids namely: the proper to health and care, the
 Child and Family
proper to protection from abuse, the proper to protection from exploitation, right to protection
Protection
from neglect, right to info, right to expression and right to nutrition etc. are outlined as basic
rights of kids by the Convention of the rights of the kid. Consequently, Asian country has adopted  Civilization
a national policy on kids in 1974 for achieving the on top of aforesaid rights for its kids. The  Community Based
primary central legislation on Juvenile Justice was passed in 1986, by the Union Parliament, Corrections
thereby providing an even law on juvenile justice for the complete country. Before these laws  Community Decision
there were many other laws regarding the same matter were in existence in every country all over Making
the world. But those were not same or uniform. So the primary uniform law on juvenile justice but
 Community Journalism
failed to lead to any dramatic improvement within the treatment of juveniles. The law continued
 Conflict Resolution
to electrify plenty of concern, in human rights circles, pertaining not able to the method juveniles
were treated in detention centers selected as special homes and juvenile homes.  Criminal Justice

Recommended
Meaning of the Word Juvenile Journals
Someone who is below the age of eighteen is named as a Juvenile.
 Media Journals

History of Juvenile Justice Act  Sociology Journals

In 1986 a statue came into force for the purpose of the protection of juveniles after that many  Public Administration
other laws also came into force. Before this law every state had its own enactment on juvenile Journals
justice with their being variations within the method juveniles were treated by completely  Social Science Journals
different state legal systems. The primary uniform law on juvenile justice but failed to lead to any  Journalism Journals
dramatic improvement within the treatment of juveniles. The law continued to electrify plenty of
Viewmore 
concern, in human rights circles, pertaining notably to the method juveniles were treated in
detention centers selected as special homes and juvenile homes [3-5]. Article Tools

Following nearer international attention to the problem of juvenile justice within the late 1990’s,  Export citation
the problem emotional to the middle stage even in domestic circles with variety of consultations  Share/Blog this article
continued juvenile justice each nationwide and regionally.
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10/14/2018 A Critical Analysis of Juvenile Justice Act and System in India

Juvenile Systems in Other Countries Article Usage

The Unites States has drawn a transparent distinction between juveniles as victims of Associate in
Nursing unresponsive society and people who are absolutely conscious of the inhumanity of their Total views: 4468

crimes. The legislation of the country permits in sure cases, keeping in mind the inhumanity of the
crime committed, to undertake juvenile offenders as adults. The justification offered behind this [From(publication
release is to recognize the inherent and every one necessary principle of planning or date): 0-2017 - Oct 03,
compunction. 2018]

Another justification offered is that the prime responsibility of the State to shield society from Breakdown by view
such offenders. By waiving its jurisdiction the tribunal recognizes that the wrongdoer is on the far type
side the scope of juvenile rehabilitation and legitimizes the release of jurisdiction as a way of
protective society at massive from the wrongdoer. HTML page views: 4296

Australia too follows a system almost like the UK. Coming back to Asian country and therefore the
PDF downloads: 172
Juvenile Justice Act 2000, it's straightforward to note that instead of have versatile procedures for
sentencing we've opted for a rigid and sweeping one. this is often a system within which the
utmost quantity of sentence served by a delinquent WHO say partakes in heist so as to feed
himself is that the same because the one given resolute a serial malefactor or murderer; with
great care long each are below eighteen years archaic [6,7].

Juvenile Justice (Care and Protection) Act, 2015

The frightful incident of raised several debates. And therefore the prime issue among these was
the involvement of the juvenile offender, WHO was solely six months short from turning into
adult142. This attracts the law of Juvenile Justice (care and protection) Act, 2000143 and therefore
the offender was sentenced by the court just for threeyear confinement144. Against this call of
Apex Court, many protests were created, that demanded modification within the existing Juvenile
Justice Law145.

However, this case isn't solely reason for the govt. to introduce this bill. The Ministry of girls and
kid Development even the introduction of bill with many alternative reasons. The prime 2 reasons
of all were, first, the Juvenile Justice Act, 2000 was facing implementation and procedural
delays146. Secondly, the National Crime Records Bureau (NCRB) Reports indicate increase within
the Juvenile Crime between the people of 16-18 years (i.e.1% in 2003 toone.2% in 2013)147.
Beside the large proponents, there have been some kid activists, WHO criticized this Act on
several grounds: initial, stating it to be retributive not helpful [8-10].

The introduction of The New Juvenile Justice (care and Protection of children), 2015, has
introduced a number of the exceptional changes within the existing Juvenile Law. One in every of
such major changes is, juvenile archaic cluster of sixteen to eighteen are to be tried like Associate
in Nursing adult. Also, the one who has earned the age of twenty one whereas in sentence are
send to the jail for remainder of the time span. However, of these choices are taken by the
Juvenile Justice Board. This paper has highlighted on varied polemical problems regard to} new
Juvenile Justice Act with special reference to the views of various activists. Beside this, the paper
has centered on the anticipated scenario which can arise once the New Juvenile Justice Act, 2015
are browse with Protection of kids from Sexual Offences Act, 2012 and Prohibition of kid wedding
Act, 2006 [11-16].

Related Case Laws

• A 3 decide Bench call of Supreme Court just in case of Umesh Chandra Vs. State of Rajasthan,
control that: - “As regards the final relevancy of the Act, we tend to are clearly of the read that the
relevant date for the relevancy of the Act is that the date on that the offence takes place.
Juveniles Act was enacted to shield young kids from the implications of their criminal acts on the
footing that their mind at that age couldn't be aforementioned to be mature for imputing men’s
space as within the case of associate adult. This being the intendment of the Act, a transparent
finding has got to be recorded that the relevant date for relevancy of the Act is that the date on
that the offence takes place...We are clearly of the read that the relevant date for relevancy of the
Act up to now as age of the defendant, United Nations agency claims to be a toddler, worries, is
that the date of the prevalence and not the date of the trial.”

• In 2000 there seemed to be a shift within the read of the Hon’ble Supreme Court it discovered
within the case of Arnit Das Vs. State of province, that: “So much because the gift context worries
we tend to are clear in our mind that the crucial date of crucial the question whether or not
someone may be a juvenile is that the date once he's brought before the competent authority”.
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10/14/2018 A Critical Analysis of Juvenile Justice Act and System in India

• This important issue was another time thought of by a 5 decide Bench just in case of Pratap
Singh Vs. State of Jharkhand and it absolutely was control that:-“The reckoning date for the
determination of the age of the juvenile is that the date of the offence and not the date once he's
made before the authority or within the court”.

• Navin Pawar v State chance of repetition of crime isn't any ground to reject bail.

• Gurudev v State Custody of kid bimanual over to father United Nations agency was a govt.
servant not withstanding rejection of bail by lower courts on the bottom of ethical, physical or
psychological danger.

• Master Abhishek v State what's going to quantity to “defeating the ends of justice…”

• Shashi Immanuel Kant Saini v State, the observations in created in SIR is a fabric thought for
grant of bail.

Conclusion
Before closing, it's necessary to debate some theories which can facilitate in understanding the
explanation behind the delinquent behavior of juveniles. Among them 2 common theories are
Psychodynamic theory and Social Learning theory. Psychodynamic Theory was formally projected
by Sigmund Freud 182, that states that a toddler is born with Id (animal instinct) and ego is that
the realization of real world and helps to regulate Id. Superego is developed through and
superego cannot management the animal instinct and therefore the juvenile become delinquent.
183 Another theory is Social learning theory, that states that {kid|a toddler|a baby} is sweet once
born however encompassing setting influence his or her nature as a result of child forever learns
from imitating elders. 184 but, in each the cases, the role of oldsters, society and setting are
crucial .The reasons behind a Juvenile to become criminal is several. This might be on the far side
the management of the immature tyke. All told these cases, giving social control to the juvenile,
United Nations agency is in conflict with law not forever an answer, as acknowledged by
academic. Thus, considering of these things in mind, author thinks that it's necessary for the govt.
to rethink and examine child-friendly amendments within the new Juvenile Justice Act, 2015 so
injustice in Juvenile Justice Act (Faizan Mustafa).

References
1. Sharma RN (2008) Criminology and Penology. Surjeet Publications.
2. Witerdyk AJ (2004) Juvenile Justice System: International Perspectives, Models and Trends.
3. Government of India (2000) The Juvenile Justice Act, 1986’ and The juvenile Justice (Care
and protection) Act, 2000’ Publication Division, New Delhi.
4. Government of India (The Apprentices) (1850) Act, 1850’ Publication division, New Delhi.
5. Government of India (1860) The Indian Penal code (1860). Publication division New Delhi.
6. Government of India (1876) The Reformatory School Act. Publication division New Delhi.
7. Madras Children Act (1920).
8. Bengal Children Act (1922).
9. Bombay Children Act (1924).
10. Government of India (1960) The Children Act (1960). Publication division New Delhi.
11. Mahrukh A (2006) Child and Protection and Juvenile Justice System: for Juvenile in conflict
with Law. Children India Foundation.
12. Government of India (2000) The Juvenile Justice (care and Protection of children) Act.
Publication division, New Delhi.
13. Government of India (1860) The Indian Penal code. Publication division, New Delhi.
14. Government of India (2000) The Juvenile Justice (care and Protection of children) Act (2000).
Publication division, New Delhi.
15. Government of India (2000) Supreme Court cases’, In Jaya mala V. Hom Secretary, (2010)
Bhoop Ram V. state of UP case, (1989) Babloo Passi and V. state of Jharkhand, (2010) In
Umesh Chandra. V. state of Rajastan, (2005) Arnit Das V. state of Bihar.
16. Government of India (2000) Supreme Court cases’, Bhoop Ram V. state of Up, (1989) and
Arnit Das V. state of Bihar.

Citation: Sruti DK (2017) A Critical Analysis of Juvenile Justice Act and System in India. J Pol
Sci Pub Aff 5: 296. DOI: 10.4172/2332-0761.1000296

Copyright: © 2017 Sruti DK. This is an open-access article distributed under the terms of
the Creative Commons Attribution License, which permits unrestricted use, distribution, and
reproduction in any medium, provided the original author and source are credited. Leave a message
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