Juvenile Delinquency and Juvenile Justice ( Care & Protection of Children) Act 2015

 

è  JUVENILE DELINQUENCY:

Meaning - Severe anti-social behavior of children and adolescent is referred towards “Delinquency”.

Definition – Delinquents or children below the age of 18, who indulge in such antisocial acts, which if committed by adults are legally punishable.

v    CAUSES OF DELINQUENCY:

♦  Familial:

›  Utter poverty, uncongenial home conditions, broken homes, single parent, unwanted children, regimentation in the name of enforcing discipline, over protection of parent towards children, denying children to develop the sense of personal property, no good role model in the family, absence of feeling of security are the primary reasons for the maladjusted behavior of the children. This if unresolved may lead to delinquency.

♦  Environmental:

›  Friendship with antisocial elements, bad recreational media like yellow journals, blue films... Families thrown to street due to riots, wars, etc. become the breeding ground to delinquency.

♦  School related factors:

›  Absence of order and discipline in school, harassment by teachers, forcing the students to do beyond their capacities sow the seeds of mental conflicts and consequent maladjusted behavior.

♦  Personal factors:

v    REFORMING THE DELINQUENTS:

Juvenile delinquents are separated from criminals and sent to “Remand Homes” or “Borstal schools”, for constructive re - education through therapeutic methods. 

Skill training, dramatics, social work and appreciation opportunities are all involved in such correctional treatment of the delinquents.

After Reformation, these youths should be provided with opportunities to live in healthy and congenial environment, not falling back to the old environment, becoming a prey to mal-adjusted behavior. 

In this regard, the moments like ‘Boys Town’ help a lot in rehabilitating the reformed youths.

v    PREVENTION OF DELINQUENCY:

§  Arranging for education, offering financial help for education, distribution of free uniforms, reading and writing materials, noon meal, etc, may mitigate the economic problem of poor children and attract them towards education.

§  The school life should be joyous for everyone, offering opportunities to develop different kinds of abilities, interest and skills through curricular and more curricular programs.

§  Individual differences are to be recognized and education should be according to one’s interest and ability.

§  Civic bodies should arrange for ‘youth clubs’ so as to help the youths to spend their leisure time usefully.

§  School should give importance for discipline inducing programs like scouts, NCC, citizenship training, religious and spiritual training.

§  Faith in God provides a kind of psychological security to an individual when confronted with stress and mental conflicts.

§  Young parents need to be prepared and educated for a healthy family life. They should be educated on child rearing practices.

è  JUVENILE JUSTICE (CARE & PROTECTION OF CHILDREN) ACT 2015:

The Act aims to strengthen and amend laws related to children who are either in conflict with the law or in need of care and protection. It emphasizes rehabilitation, development, and social reintegration for children’s well-being.

v    OPERATIONAL ASPECTS OF THE ACT:

♦  Categorization: There is a complete separation between children in need of care and protection under the juveniles in conflict with the law.

♦  Age Criteria: The juvenile or the child has been defined as anyone who has not completed the age of 18 years.

♦Shift from Juvenile: An attempt is made at decriminalizing the juvenile in conflict with the law through the introduction of juvenile justice vote in place of juvenile court.

♦  Child Friendly Policing: There is a provision for introducing a juvenile police unit and designation of at least 1 police officer in each station as a child friendly officer.

♦  Expanded Categories: It expanded the definition of a child in need of care and protection with additional categories like victims of armed conflict, civil commotion or natural calamity.

♦  Excluded Categories: There is an exclusion of certain other categories, like a child found begging, children who live in a brothel and uncontrollable children.

♦  Child Presentation Process: The child may be produced before the committee by the police officer, public servant, ChildLine - a registered voluntary organization, social worker or public - spirited citizen.

♦  Restorative Approach: The focus of the new law is the restoration of the child, which means restoration to the parents, adopted parents and foster parents.

♦  Children’s Home & Adoption Agencies: The children’s home or the state- run institutions for orphans shall be recognized as adoption agencies for security and placement of children.

♦  Post Placement Support: The children’s home envisaged as a temporary stay during which schemes for adoption, foster care, sponsorship and aftercare to be worked out.

v    ADDITIONAL FEATURES OF THE ACT:

♦  Section 3 of the act spells out certain general principles of care and protection, which are to be followed in its implementation.

♦  Section 2 of the act is expanded with more definitions.

♦  The nomenclature used in the acts for the refined the word ‘arrest’ is replaced by ‘apprehension’. The word ‘crime’ is replaced by ‘offence’.

♦  Under the act, the offences committed by juvenile or categorized into three classes.

§  Petty offences: It includes offences for which maximum punishment under Indian Penal Court, or any other law, is imprisonment up to three years.

§  Serious offences: It includes the offences for which punishment under the Indian Penal Code, or any other law, is imprisonment between three to seven years.

§  Heinous offences: It includes the offences for which minimum punishment under the Indian Penal Code, or any other law, is imprisonment of seven years or more.

♦  All the persons below the age of 18 years were put in one class under the 2000 act, irrespective of the offence. While under the 2015 act, children in conflict with the law, or put under two classes or groups.

§  Those below 18 years of age in case of petty or serious offences and those below 16 years of age in case of heinous advances. This  group is to be dealt with in juvenile justice board constituted under this act.

§  Those who have completed 16 years of age, but are below 18 in case of heinous offences and such offenders can be treated as adults. They are to be kept in a place of safety until the age of 21 and thereafter may be sent to an adult jail to complete the reminder of the sentence.

v    APPLICABILITY OF THE ACT:

♦  The Juvenile Justice (Care and Protection of Children) Act, 2015 holds an overriding effect over other existing laws concerning children.

♦  This means that when there is a conflict between the provisions of this Act and any other law currently in force, the Act’s rules and principles take precedence.

♦  In matters related to children in need of care and protection or children in conflict with the law, the Act’s provisions prevail, ensuring a consistent and prioritized approach to safeguarding children’s rights and welfare.