×

or

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

Juvenile Delinquency & Juvenile Justice (Care and Protection of Children) Act, 2015
WHAT DO WE MEAN BY JUVENILE DELINQUENCY?

Delinquency is a kind of abnormality when an individual deviates from the course of normal social life. His behaviour is called “Delinquency”. When a juvenile below an age specified under a statute exhibits behaviour which may prove to be dangerous to society and/or to himself he may be called a Juvenile Delinquent. Juvenile Delinquents are those offenders including boys and girls who are normally under 16 years of age. A Juvenile Delinquent is a young person incorrigible or habitually disobedient.

Juvenile delinquency, also known as “juvenile offending”, is participation in illegal behaviour by minors (juveniles, i.e. individuals younger than the statutory age of majority). Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers, and courts.

Indian Definition given in the Children Act, 1960of ‘Juvenile Delinquency’, is ‘a Child who has been found to have committed an offence’. In the Juvenile Justice (Care and Protection of Children) Act, 2000, the term ‘delinquent juvenile’, used in earlier Juvenile Justice Act, 1986, has been substituted by the words ‘juvenile in conflict with law’. It is therefore, obvious that every conduct prohibited by statute is not to be taken as an act of delinquency.

Instead, the conduct which tends to constitute an offence, not only from the legal standpoint but also from the angle of social norms and values will be included within the meaning of the term ‘delinquency’. Similarly, the children who incorrigible, uncontrollable, destitute or orphans, who need active support and care of the community and who were termed as ‘neglected children’ under the repealed Juvenile Justice Act, 1986,have been called as ‘children in need of care an protection’, under Juvenile Justice (Care and Protection of Children) Act, 2000which came into force on December 30, 2000. Under the Act, ’juvenile’ or ‘child’ means a person who has not completed 18 years of age, be the boy or girl.

However, as per the new Juvenile Justice (Care and Protection of Children) Act, 2015 has been passed by Parliament of India. It aims to replace the existing Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000, so that juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, can be tried as adults. The Act came into force from 15 January 2016.

Act of Delinquency may include

Running away from home without the permission of parents, Habitual behaviour beyond the control of parents, Spending time idly beyond limits, Use of vulgar language, Wandering about rail road’s, streets market places, Visiting gambling centers, committing sexual offences, Shop – lifting Stealing etc. Juvenile may do such activities single or through a gang.

Causes of Juvenile Delinquency

There are various factors which lead to Juvenile Delinquency: Adolescence Instability, Ecological Approach, Associational Impact, Poverty, Internet World, Uncongenial Home atmosphere.

JUVENILE DELINQUENCY IN INDIA

In India, the definition of juvenile delinquency presents no such problems as are faced by in the USA and some other countries. The concept is confined to the violation of ordinary penal law of the country so far as the jurisdiction of the Juvenile Court is concerned. The present law which governs the juveniles who are in conflict with law and children who are in need of care and protection is called Juvenile Justice (Care and Protection of Children) Act, 2015.This law has replaced the earlier law governing juveniles and which was known as Juvenile Justice Act, 1986 which was in conformity with the UN Standard Minimum Rules for the administration of Juvenile Justice (also known as Beijing Rules, 1985) and Juvenile Justice (Care and Protection of Children) Act, 2000

NEW JUVENILE ACT OF 2015

The Juvenile Justice (Care and Protection of Children) Amendment Bill 2015 has been passed by the Rajya Sabha today. It was introduced in Parliament last year after public outrage because one of the offenders in the 2012 gang rape case was a few months short of 18 years of age. The bill had already been passed by the Lok Sabha in May. It now needs the President’s assent to become law.

The bill allows for juveniles 16 years or older to be tried as adults for heinous offences like rape and murder. Heinous offences are those which are punishable with imprisonment of seven years or more.

The bill mandates setting up Juvenile Justice Boards and Child Welfare Committees in every district. Both must have at least one-woman member each.

Once the bill becomes law, the decision to try a juvenile 16 years or older as an adult will be taken by the Juvenile Justice Board, which will have a judicial magistrate and two social workers as members. If the board decides against it, the juvenile will be sent for rehabilitation.

The Child Welfare Committees will look at institutional care for children in their respective districts. Each committee will have a chairperson and four other members, all specialists in matters relating to children.

The bill aims to “consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach.”

The proposed law also aims at adjudicating and disposing cases dealing with juveniles keeping in mind “the best interest of the children and their rehabilitation.”

India is a signatory to the UN Convention on the Rights of the Child which mandates that all children under the age of 18 years be treated equal. The pending bill has been criticised for violation of the Convention.

The bill also deals with adoption of children and lays down the eligibility criteria for adoptive parents. A central adoptive resource agency will frame the rules for adoption, which will be implemented by state and district level agencies.

CONCLUSIONS AND RECOMMENDATIONS

The current situation with regards to juvenile crime and delinquency can be characterized by the following basic facts:

There has been an observed increase in violent and aggravated crimes among youth.

The number of drug – related crimes is growing.

The process of globalization and the greater mobility of large population groups have led to an increase in criminal activity associated with intolerance towards members of other cultures.

Quite often, aggressive and criminal behaviour is positively portrayed in the media/internet, creating a confused picture of acceptable societal norms within some youth subcultures.

Children and adolescents in difficult circumstances constitute ready reserves for organized crime, participation in armed conflicts, human and drug trafficking and sexual exploitation.

RECOMMENDATIONS

It has to be appreciated that mere passing of the welfare legislation is the first step in the right direction. What is really important is that every law enacted, particularly welfare legislation for the benefit of the juveniles must be implemented in its true spirit for achieving the noble object for which such legislation is passed.

About Author

Kirti Shukla Negi

Kirti Shukla Negi is working as Legal Manager at Wockhardt Hospitals Ltd.