DO JUVENILE JUSTICE SYSTEM ABETTING CRIMES BY MINORS?
Recent News: One of the six men involved in the Nirbhaya gang-rape in Delhi, was a juvenile at the time of committing the crime. And while the rest of the co-accused were awarded death sentences recently, the juvenile will walk away a free man after three years at a reformatory home as per the Juvenile Justice Act.
According to law enforcers, there is a rise in the number of juvenile criminals across the country, but the alarming fact is that the age of offenders has also been plummeting. Worse still, youngsters are not just committing petty crimes, but rather heinous ones like rape and murder. Are youngsters unafraid of committing crimes because of the rather lenient Juvenile Justice System?
What is our Juvenile Justice system is dealing about?
INTRODUCTION:
Juvenile or Child means a person who has not had completed 18th year of age. Under the criminal jurisprudence, juvenile/child is treated differently from adults. The young ones between certain age groups are susceptible to temptations of life and become criminals. If the criminal traits are not corrected in time, they become hardened criminals in future.
It was found that if a child is taken good care, he or she turns out to be a good citizen with good mental and physical faculties, but under bad surroundings, and neglect of basic needs, children become juveniles in conflict with law. Neglected children fall an easy prey to criminality.
By the end of 18th century, the problem of Juvenile offenders was seriously viewed. Special concessions were granted to Juvenile in conflict with law both in civil matters and that of crimes. Till then, Juveniles were dealt in a similar mode like adults.
Juvenile in conflict with law means a large variety of disapproved behaviors of children and adolescents. The society does not approve of such behavior and in the public interest, some kind of punishment or corrective measure is inflicted on the Juvenile in conflict with law. For example, acts like begging, drinking, gambling, loitering, rebellious behavior towards the society, etc., are included under the term ‘Juvenile in conflict with law’.
CAUSES OF JUVENILE IN CONFLICT WITH LAW:
1. More urbanization has led to temptations for modern luxuries in the minds of children, which prompt them to do wrongful acts to satisfy their wants.
2. The lack of parental control and broken homes are also causes of increase in Juvenile in conflict with law.
3. Increasing cases of matrimonial disputes affect family integrity which in turn makes the child go astray.
4. Watching pornography.
5. The problem of culture-conflict and inability to adjust to rapidly changing pattern of living by adolescents, prompt them to commit crime.
6. Biological factors like early physical maturity without corresponding mental growth account for delinquencies among Juveniles. This is especially in the case of girls who fall easy prey to sex mal-adjustments.
7. The inability of parents to provide essential necessities of life to children is also a cause for Juvenile in conflict with law.
8. Lack of proper education, child labor, etc., are also the causes for children to fall a prey to criminality.
‘JUVENILE IN CONFLICT WITH LAW’ IN INDIA:
When compared to other advanced countries, the problem of Juvenile in conflict with law in India is not so tense. However, the free and licentious life of the western countries have affected the modern Indian youth.
Special provisions now exist in India and special methods have been devised to tackle the problems of Juvenile in conflict with law, based on the assumption that a young offender should not be tried but corrected and should not be punished but reformed.
There are certain special provisions regarding the Juvenile in conflict with law in the Indian Penal Code, 1860 and Code of Criminal Procedure, 1973.
1. Section 82 of IPC deal with a child below seven years as incapable of committing a crime (doli incapax).
2. Section 83 of IPC deal with a child between seven and thirteen years of age is considered to be of a limited criminal liability (doli capax).
3. According to Section 360 of the Code of Criminal Procedure 1973, any person below 21 years of age or any woman convicted of an offence not punishable with death or imprisonment for life, if there is no previous conviction against that person, may be released on probation of good conduct.
4. Section 27 of the Code of Criminal Procedure 1973 provides that a person below 16 years of age committing an offence not punishable with death or imprisonment for life should be awarded a lenient punishment depending upon his previous history. Also, commutation of sentence for good behavior is also done in such cases.
5. In order to prevent the disclosure of the proceedings to the public, the proceedings are conducted ‘in camera’ (closed chamber) without publishing the name and address of the Juvenile in conflict with law.
SUGGESTIONSTO CONTROL JUVENILE DELINQUENCY:
1. By conducting effective juvenile educational programs and by conducting activities aimed at the prevention and control of juvenile delinquency.
2. Changing the local conditions which contribute to juvenile delinquency.
3. Developing recreational and other programs for juvenile and youth.
4. Involving local, State and Central officials, public and private agencies to devise methods for the reduction and prevention of juvenile delinquency and also treatment of delinquent children.
5. Preparing and recommending new legislations for the improvement of the juvenile justice system in India.
6. Periodical reviewing of ‘rehabilitate placement of children’ and recommending alternative placements where ever appropriate.
OBJECTIVES OF THE JUVENILE JUSTICE ACT (CARE AND PROTECTION OF CHILDREN) 2000
The Juvenile Justice Act 2000 came into force after replacing the Juvenile Justice Act, 1986 and the Children Act, 1960 and other State enactments on the subject of Juvenile in conflict with law.
AIM:
- The Act was to consolidate and amend the law relating to (i) juveniles in conflict with law and (ii) children in need of care and protection.
- The Act provides for proper care, protection and treatment by catering to the development needs of such children.
OBJECTS AND REASONS:
The justice system as available for adults is not suitable for being applied to a juvenile or the child. Hence, there is an urgent need for creating adequate infrastructure necessary for improving juvenile justice system in India with larger involvement of informal systems like the family, the voluntary organizations and the community. In this context, the following further proposals have been made for improving the Juvenile Justice system in India:
i. To lay down the basic principles for administering justice to a juvenile or the child.
ii. To make the juvenile system meant for a juvenile or the child more appreciative of the development needs in comparison to criminal justice system as applicable to adults.
iii. To bring the juvenile law in conformity with the United Convention on the Rights of the child.
iv. To prescribe a uniform age of eighteen years for both boys and girls.
v. To ensure speedy disposal of cases by the authorities regarding juvenile or the child within a time limit of four months.
vi. To spell out the role of the State as a facilitator doer by involving voluntary organizations and local bodies in the implementation of juvenile justice.
vii. To create special juvenile police units with a humane approach through sensitization and training of police personnel.
viii. To enable increased accessibility to a juvenile or the child by stabling Juvenile Justice Boards and Child Welfare Committees and Homes in each district or group of districts.
ix. To minimize the stigma and in keeping with the development needs of the juvenile or the child, one for juveniles in conflict with law and the other for the juvenile or the child in need of care and protection.
x. To provide for effective provisions and various alternatives for rehabilitation and social reintegration such as adoption, foster care, sponsorship and aftercare of abandoned, destitute, neglected and delinquent juvenile and child.
CONCLUSION:
The Act 2000 adopts a ‘child – friendly approach’ in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this Act.
But to say – the age of criminals is getting frighteningly younger. Juvenile is really a state of mind, and possibly not only a state of body. To that extent, we should be careful to review and revise norms that define who is a juvenile and who is not. Being below the age of 18 is not a getaway age. Crime at any age must be treated as a crime. Youngsters grow up earlier today. Keeping this in mind, it is time to look at juvenile crime with a different yardstick of severity altogether.
* * * * * * * * *
Name : ABINAYA SAKTHIVEL
References:
(i) Statutory material – The Juvenile Justice Act, 2000
(ii) Juvenile Justice Act – S. Sambandam
(iii) Outlines of Criminal Procedure – R.V. Kelkar
(iv) www.lawnotes.in
Recent News: One of the six men involved in the Nirbhaya gang-rape in Delhi, was a juvenile at the time of committing the crime. And while the rest of the co-accused were awarded death sentences recently, the juvenile will walk away a free man after three years at a reformatory home as per the Juvenile Justice Act.
According to law enforcers, there is a rise in the number of juvenile criminals across the country, but the alarming fact is that the age of offenders has also been plummeting. Worse still, youngsters are not just committing petty crimes, but rather heinous ones like rape and murder. Are youngsters unafraid of committing crimes because of the rather lenient Juvenile Justice System?
What is our Juvenile Justice system is dealing about?
INTRODUCTION:
Juvenile or Child means a person who has not had completed 18th year of age. Under the criminal jurisprudence, juvenile/child is treated differently from adults. The young ones between certain age groups are susceptible to temptations of life and become criminals. If the criminal traits are not corrected in time, they become hardened criminals in future.
It was found that if a child is taken good care, he or she turns out to be a good citizen with good mental and physical faculties, but under bad surroundings, and neglect of basic needs, children become juveniles in conflict with law. Neglected children fall an easy prey to criminality.
By the end of 18th century, the problem of Juvenile offenders was seriously viewed. Special concessions were granted to Juvenile in conflict with law both in civil matters and that of crimes. Till then, Juveniles were dealt in a similar mode like adults.
Juvenile in conflict with law means a large variety of disapproved behaviors of children and adolescents. The society does not approve of such behavior and in the public interest, some kind of punishment or corrective measure is inflicted on the Juvenile in conflict with law. For example, acts like begging, drinking, gambling, loitering, rebellious behavior towards the society, etc., are included under the term ‘Juvenile in conflict with law’.
CAUSES OF JUVENILE IN CONFLICT WITH LAW:
1. More urbanization has led to temptations for modern luxuries in the minds of children, which prompt them to do wrongful acts to satisfy their wants.
2. The lack of parental control and broken homes are also causes of increase in Juvenile in conflict with law.
3. Increasing cases of matrimonial disputes affect family integrity which in turn makes the child go astray.
4. Watching pornography.
5. The problem of culture-conflict and inability to adjust to rapidly changing pattern of living by adolescents, prompt them to commit crime.
6. Biological factors like early physical maturity without corresponding mental growth account for delinquencies among Juveniles. This is especially in the case of girls who fall easy prey to sex mal-adjustments.
7. The inability of parents to provide essential necessities of life to children is also a cause for Juvenile in conflict with law.
8. Lack of proper education, child labor, etc., are also the causes for children to fall a prey to criminality.
‘JUVENILE IN CONFLICT WITH LAW’ IN INDIA:
When compared to other advanced countries, the problem of Juvenile in conflict with law in India is not so tense. However, the free and licentious life of the western countries have affected the modern Indian youth.
Special provisions now exist in India and special methods have been devised to tackle the problems of Juvenile in conflict with law, based on the assumption that a young offender should not be tried but corrected and should not be punished but reformed.
There are certain special provisions regarding the Juvenile in conflict with law in the Indian Penal Code, 1860 and Code of Criminal Procedure, 1973.
1. Section 82 of IPC deal with a child below seven years as incapable of committing a crime (doli incapax).
2. Section 83 of IPC deal with a child between seven and thirteen years of age is considered to be of a limited criminal liability (doli capax).
3. According to Section 360 of the Code of Criminal Procedure 1973, any person below 21 years of age or any woman convicted of an offence not punishable with death or imprisonment for life, if there is no previous conviction against that person, may be released on probation of good conduct.
4. Section 27 of the Code of Criminal Procedure 1973 provides that a person below 16 years of age committing an offence not punishable with death or imprisonment for life should be awarded a lenient punishment depending upon his previous history. Also, commutation of sentence for good behavior is also done in such cases.
5. In order to prevent the disclosure of the proceedings to the public, the proceedings are conducted ‘in camera’ (closed chamber) without publishing the name and address of the Juvenile in conflict with law.
SUGGESTIONSTO CONTROL JUVENILE DELINQUENCY:
1. By conducting effective juvenile educational programs and by conducting activities aimed at the prevention and control of juvenile delinquency.
2. Changing the local conditions which contribute to juvenile delinquency.
3. Developing recreational and other programs for juvenile and youth.
4. Involving local, State and Central officials, public and private agencies to devise methods for the reduction and prevention of juvenile delinquency and also treatment of delinquent children.
5. Preparing and recommending new legislations for the improvement of the juvenile justice system in India.
6. Periodical reviewing of ‘rehabilitate placement of children’ and recommending alternative placements where ever appropriate.
OBJECTIVES OF THE JUVENILE JUSTICE ACT (CARE AND PROTECTION OF CHILDREN) 2000
The Juvenile Justice Act 2000 came into force after replacing the Juvenile Justice Act, 1986 and the Children Act, 1960 and other State enactments on the subject of Juvenile in conflict with law.
AIM:
- The Act was to consolidate and amend the law relating to (i) juveniles in conflict with law and (ii) children in need of care and protection.
- The Act provides for proper care, protection and treatment by catering to the development needs of such children.
OBJECTS AND REASONS:
The justice system as available for adults is not suitable for being applied to a juvenile or the child. Hence, there is an urgent need for creating adequate infrastructure necessary for improving juvenile justice system in India with larger involvement of informal systems like the family, the voluntary organizations and the community. In this context, the following further proposals have been made for improving the Juvenile Justice system in India:
i. To lay down the basic principles for administering justice to a juvenile or the child.
ii. To make the juvenile system meant for a juvenile or the child more appreciative of the development needs in comparison to criminal justice system as applicable to adults.
iii. To bring the juvenile law in conformity with the United Convention on the Rights of the child.
iv. To prescribe a uniform age of eighteen years for both boys and girls.
v. To ensure speedy disposal of cases by the authorities regarding juvenile or the child within a time limit of four months.
vi. To spell out the role of the State as a facilitator doer by involving voluntary organizations and local bodies in the implementation of juvenile justice.
vii. To create special juvenile police units with a humane approach through sensitization and training of police personnel.
viii. To enable increased accessibility to a juvenile or the child by stabling Juvenile Justice Boards and Child Welfare Committees and Homes in each district or group of districts.
ix. To minimize the stigma and in keeping with the development needs of the juvenile or the child, one for juveniles in conflict with law and the other for the juvenile or the child in need of care and protection.
x. To provide for effective provisions and various alternatives for rehabilitation and social reintegration such as adoption, foster care, sponsorship and aftercare of abandoned, destitute, neglected and delinquent juvenile and child.
CONCLUSION:
The Act 2000 adopts a ‘child – friendly approach’ in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this Act.
But to say – the age of criminals is getting frighteningly younger. Juvenile is really a state of mind, and possibly not only a state of body. To that extent, we should be careful to review and revise norms that define who is a juvenile and who is not. Being below the age of 18 is not a getaway age. Crime at any age must be treated as a crime. Youngsters grow up earlier today. Keeping this in mind, it is time to look at juvenile crime with a different yardstick of severity altogether.
* * * * * * * * *
Name : ABINAYA SAKTHIVEL
References:
(i) Statutory material – The Juvenile Justice Act, 2000
(ii) Juvenile Justice Act – S. Sambandam
(iii) Outlines of Criminal Procedure – R.V. Kelkar
(iv) www.lawnotes.in
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