It is basically a way to present information related to juvenile act , delinquency , reasons , solutions to it and act and latest statistics related to juvenile crimes and case and statements of famous personalities on this serious issue.It is presented by by students of Kanoria College BBA third year students.
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2. In the Indian context, a juvenile or child is any person who is
below the age of 18 years.
However, the Indian Penal Code specifies that a child cannot
be charged for any crime until he has attained seven years of
age.
3.
4. The Juvenile Delinquent is a child trying to act like a
grown up. It is an expression of unsatisfied desire and
urges.
Juvenile Delinquency refers to the anti-social acts of
children and of young people under age which means the
failure of children to meet certain obligations expected of
them by the society..
5. Delinquency is a kind of abnormality when an
individual deviates from the course of normal social
life..
Act of delinquency may include:
1. Running away from home
2. Habitual behavior beyond the control of parents.
3. Spending time idly beyond limits
4. Use of vulgar languages
5. Wandering about rail roads, streets market places
6. Visiting gambling centers
7. Committing sexual offences
8. Shop-lifting
9. Stealing
7. Other Reasons
• Cozy lifestyle
• Low intelligence and academic failure
• Hyperactivity and impulsivity
• Engagement in Social networking sites
• Lack of Direction
• Quantity but not quality education
• Communication gap
• Unhealthy competition
• Family conflict
11. PROVISION JUVENILE JUSTICE ACT 2000 JUVENILE JUSTICE ACT 2015
Treatment of
juveniles
All children under the age of 18
years treated equally. Maximum
penalty for juvenile in conflict with law
is three years.
Juveniles aged between 16-18
years committing serious or heinous
offences could be tried as adults.
However, there will be no death penalty
or life
imprisonment.
Juvenile Justice
Board
Conducts inquiry and directs the
juvenile to be placed in any fit
institution for a period not
exceeding three years.
Adds a preliminary inquiry, conducted
in certain cases by JJB to determine
whether a child is placed in a home or
sent to Children’s Court to be tried as an
adult.
Child Welfare
Committee
Disposing of cases for children in
need of care and protection;
Frequency of meetings not
specified.
Functions are same as in the Act;
training of members to be done within
two months of Bill becoming law
Committee to meet at least 20 days in a
month.
Appeals Appeal to the Session Court within
30 days of JJB order; further appeal to a
High Court.
Appeal JJB/CWC order within 30 days
to Children’s Court, further High Court
(District Magistrate for foster care, etc).
Adoption No provision for inter-country
adoption in the Act; the Guidelines
Inter-country adoption allowed if
adoption cannot take place within the
Comparison Between Justice Act 2000 and Juvenile Justice Act 2015
13. P has committed rape. P’s case is committed to the session court
after charged sheet is filed. P for the first time before the session
court raises the plea that he was 16 years old on the date offence.
• The session court is obligated to deal with P’s plea under section 7-A of JJA 2000.
• The session court should “make an inquiry” and “record a finding” weather P is a
juvenile or not. As previously mentioned, the session court will first seek documentary
proof, and only in the absence of such proof, will P be sent for medical examination to
ascertain his age.
• On enquiry, if P is found to be below 18 years old on the date of offence, his case will
be transferred to the JJB and his custody to the observation home. If P is found to be
above 18 years of age on the date of offence, P’s criminal case will continue before
the session court.
• It is necessary to recall that the provision to section 7-A OF JJA 2000 states that a
claim of juvenility may be raised before any court and it shall be recognized at any
stage, even after final disposal of the case.
14. Pros for Juvenile Justice Act
Juvenile Justice Amendment Act protects women: If steps
are not taken to prevent juveniles from escaping the
gallows, crimes against women will continue to be
perpetuated in society.
Punishment should befit crime: Providing the violent
juvenile convict with a job and money following his
release after he brutalised, raped and killed a young girl
is tantamount to incentivising crime. It gives a wrong
message to poor sections where crime may be seen as a
stepping stone for better opportunities.
15. What about crimes committed with full knowledge- For
juveniles aged between 16 to 18, punishment should be
given in cases such as the Nirbhaya juvenile convict where
there is complete understanding regarding the
implications of the crime.
Criminals are exploiting the juvenile justice system.With
increasing number of organised crime networks exploiting
the juvenile justice system and the loopholes, the Juvenile
Justice Amendment Act will come as a welcome relief and
deterrent for such evildoers.
16. Cons For Juvenile Justice Act
Juvenile courts are not child savers: For their efforts to
prevent juvenile criminals from being tried in court,
juvenile courts and specialists were called child savers.
How can juvenile courts be called child savers?
Rehabilitation is possible in some cases: Rising violent
crime rates have been testing the juvenile justice system in
many countries. But the Bill does not make provisions for
rehabilitation which is possible in some cases.
17. Juvenile justice homes are mere warehouses- They do nothing to
address the problem of rehab and neither does the Juvenile Justice
Bill.
Human mind not completely developed: Studies have shown that
human mind is not completely developed till the age of 25 and
juveniles are poorest of the poor. Often, such children forced into
smuggling and prostitution have either no knowledge or choice. It
is unfair to punish a child as an adult.
Juvenile Justice Homes are hell holes: Homes also lack trained
counsellors and nearly 40% of the criminals lapsed back into
crime on account of negligence from the authorities
18. CONCLUSION
Attitude and perception towards Child Rights needs a change.
The laws enacted requires to be effectively implemented to achieve the
desired goal of welfare of the children.
The society must encourage children's participation in matters
effecting their rights as services to the children are no longer a charity.
The judiciary has played an appreciable role and contributed a lot in
proper and beneficial implementation of the juvenile justice legislation
by interpreting the provisions of Juvenile Justice Acts so as to provide
maximum benefit and relief to the maximum number of the juveniles
covered under the beneficial and favourable legislation.
A good intended legislation, properly and sincerely implemented and
visionary interpreted, can significantly reverse the crime trends in the
juveniles.
