The juvenile justice act 2000. Juvenile Justice (Care and Protection of Children) Act, 2000 2022-10-22
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The Juvenile Justice (Care and Protection of Children) Act, 2000 is a landmark piece of legislation in India that aims to provide a framework for the protection, treatment, and rehabilitation of children in conflict with the law. The Act replaces the Indian Juvenile Justice (Care and Protection of Children) Act, 1986 and aligns with the United Nations Convention on the Rights of the Child (CRC), which India ratified in 1992.
One of the main objectives of the Act is to ensure that children in conflict with the law are treated differently from adult offenders. The Act recognizes that children, due to their age and level of maturity, have different needs and should be treated in a manner that is conducive to their overall development and well-being. To this end, the Act provides for the establishment of specialized juvenile justice institutions such as observation homes, special homes, and open shelters, which are designed to cater to the specific needs of children.
Under the Act, children in conflict with the law can be dealt with in two ways: through the juvenile justice system or through the regular criminal justice system. The Act provides for a separate juvenile justice system for children in the age group of 16-18 years, who are accused of committing heinous offenses. In such cases, the Act provides for the establishment of juvenile justice boards, which are empowered to decide whether the child should be dealt with under the regular criminal justice system or the juvenile justice system.
The Act also provides for the appointment of special juvenile police units, which are responsible for handling cases involving children in conflict with the law. These units are trained to deal with children in a sensitive and child-friendly manner and are equipped with the necessary skills and knowledge to handle such cases.
In addition to the above provisions, the Act also provides for the establishment of child welfare committees, which are responsible for the protection, care, and rehabilitation of children in need of care and protection. These committees are empowered to place children in need of care and protection in institutions such as children's homes and foster care.
Overall, the Juvenile Justice (Care and Protection of Children) Act, 2000 is a comprehensive piece of legislation that aims to protect and rehabilitate children in conflict with the law. Its provisions are in line with the principles of the United Nations Convention on the Rights of the Child and reflect a strong commitment to the rights and well-being of children.
Juvenile Justice Act 2000 Essay
Coming back to India and the Juvenile Justice Act 2000, it is easy to notice that rather than have a flexible procedure for sentencing we have opted for a rigid and sweeping one. Moreover, Indian Penal Code, 1860 provides protection of children from sexual abuse in sections 354, 375 and 509, selling of minors for prostitution in sections 366, 366A, 366B and 372, buying minors for the purpose of prostitution in section 373 and non-consensual assault of male child in section 377. In the case of Sanjay Suri and Anr. Surely, putting them in jail with other adult convicts is not going to reform them into adjusting with the society; however, not penalising them wisely or not making them understand the gravity of their act will also lead to them not realising their mistake. Retrieved 19 January 2020.
However, he shall not be prosecuted and punished like adult offenders. The delinquent children were those who come in conflict with the law after committing an offence, whereas neglected children were those who found begging, homeless and destitute, or those living in brothels or with sex workers or frequently going to such places or those who are likely to be exploited for an illegal and immoral purpose. This provision is against the right to appeal, thus justice is denied. The Judiciary has played a very applaudable role in the proper implementation of the juvenile justice system by interpreting the provisions of various legislations to give maximum benefit and relief to juveniles. Although they intersect and disseminate in an endless and opposed course.
The new bill will raise the maximum sentence to seven years for serious crimes, and allow minors in the age group of 16-18 to be tried as adults if they commit heinous crimes. No joint proceeding of juvenile and person not a juvenile. A lot of crime in India is committed by those less than the age of 18, and this could potentially let all of them free. The Criminal Justice Act of 1972 introduced fully the rehabilitation method of community service which reduced the number of people going to prison. Chronologically, The Apprentice Act of 1850 was the first legislation governing juvenile deviance in India. Right of extending trial term according to sub section 8 was also added in Juvenile Justice System Act 2018. Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to juvenile or child.
Difference between Juvenile Justice System Ordinance 2000, and Juvenile Justice System Act 2018
. The criminal tendency of the children is increasing day by day. Where an inquiry has been initiated against a juvenile in conflict with law or a child in need of care and protection and during the course of such inquiry the juvenile or the child ceases to be such, then, notwithstanding anything contained in this Act or in any other law for the time being in force, the inquiry may be continued and orders may be made in respect of such person as if such person had continued to be a juvenile or a child. Not only are these children, who are sent to the prisons with adults influenced by them, they are also harassed in all senses. The decision to make the new age of juveniles as less than 18 was declared a selfish decision by many. Short title, extent , 2 It extends to the whole of India except the State of Jammu and Kashmir. This is showing that there is a large group of kids that are being tried as adults by the adult court.
Juvenile Justice (Care and Protection of Children) Act, 2000
Firstly, Diversion, that means children should not be processed through the criminal justice system, as it will amplify the criminality of the child. Criminal Justice Act Of 1964 Essay 942 Words 4 Pages Harold Wilson, the Labour Politician who became Prime Minister in 1964, passed the Criminal Justice Act of 1967, which introduced reform in three sections: the prison system and sentencing practises of courts, juvenile offenders and the law on murder. Sending a juvenile or child outside jurisdiction. No provisions have been provided in the Act regarding the specifications of the special training of the officials who are supposed to deal with juvenile offenders. This Act applied to boys who were under the age of 16 years, while girls under the age of 18 years. Chapter V Miscellaneous 46. On their suggestions, shelters home to 500 impoverished were built near Calcutta and an Orphan Committee was set up for the protection of orphan children.
The Juvenile Justice (Care and Protection of Children) Act, 2000
Magistrates were encouraged to not give prison sentences to people who had only committed minor offences. In fact, the Unites States has drawn a clear distinction between juveniles as victims of an unresponsive society and those who are fully aware of the heinousness of their crimes. Evidence does suggest that children who have more than one risk factor present are more than likely to be involved in criminal activities Hopkins Burke, 2016 p. Retrieved 31 August 2013. Interventions, therefore should prioritize the welfare needs of individual children which are better responded to outside the criminal justice system. Provision in respect of escaped juvenile. In all cases where a juvenile in conflict with law is undergoing a sentence of imprisonment at any stage on the date of commencement of this Act, his case including the issue of juvenility, shall be deemed to be decided in terms of clause l of section 2 and other provisions contained in this Act and the rules made thereunder, irrespective of the fact that he ceases to be a juvenile on or before such date and accordingly he shall be sent to the special home or a fit institution, as the case may be, for the remainder of the period of the sentence but such sentence shall not in any case exceed the maximum period provided in section 15 of this Act.
Juvenile Justice (Care And Protection Of Children) Act, 2000
Chapter III addresses Children in Need of Care and Protection. However, it sowed a seed of gender discrimination in the definition of a child. The answer is the objective to be needs centered and non-criminalizing. Retrieved 19 January 2020. It also provides Flow Charts as and when necessary that can help one easily and quickly find out what actions need to be taken at any particular time while dealing with a case.
The Amendments in the Juvenile Justice Act, 2000 and its Compliance with UN CRC
Whilst some say it is damaging to children and would lead to further reoffending once they are out due to learning crimes off other criminals. Chapter III Child In Need Of Care And Protection 29. The purpose of the Child Welfare Committee is to provide for the care, treatment, protection, rehabilitation and development of the child and in doing so uphold the rights of the child. These The American Juvenile Justice System 1612 Words 7 Pages Justice for Juveniles The American juvenile justice system was designed over a hundred years ago to reform kids who were found guilty of minor crimes such as petty theft and truancy. TheJuvenile Justice Care and Protection of Children Act, 2000 is the primary legal framework for juvenilejustice in India.
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