United Nations Convention on the Rights of Children (UNCRC), 1989
#child is considered to be less than 18 years of age
#four components
- Right to Survival
- Right to Protection
- Right to development
- Right to participation
Juvenile Justice Act, 2000
#Age of boys and girls uniformely raised to 18 years : in complisnce to UNCRC
#two categories
- child in need of care and protection : children found in difficult circumstances and in danger of survival and growth : law has the provision for the establishment of Child welfare committee
- juvenile in conflict with law : children who are alleged to have committed crime : law has provision for the establishment of Juvenile Justice board which consists of Juditial magistrate, social workers where one member has to be woman
#children not to be exposed to media
#maximum punishment of 3 years in reform home or observation home
Juvenile Justice Amendment Act, 2015
->what was the necessity that culminated to amend 2000 act in 2015 ???
1)rise in juvenile deliquency : 30% rise in 2012-13
2)70% of children accused are of the age group 16-18
3)1% of total criminal crimes are from children [NCRB Report]
4)Delhi rape case [Nirbhaya case]
->important provision of the act
- nomenclature : no longer juvenile but child or child in conflict with law to avoid negative cannotations associated with the term juvenile
- clarity in powers, responsibility, and functions of juvenile justice board and child welfare committee
- special provisions for heinous crimes committed by children of less than 16 years of age
- a juvenile cannot be awarded life imprisonment or capital punishment
- new provision for adoption : Central Adoption Resouese Authority
- Rehbilitation and social integration of children in conflict with law
->Criticism of the act
- Against UNCRC
- Against article 20(1) : retrosppective effect of criminal law
- Justice Verma committee alleged that if a child of less than 18 years of age is subjected to normal jail and normal trial these remains no chance of rehabilitation,,they often turn into hardened criminals and repeat offenses…
- no juvenile justice reform board : 45258 cases still pending
- lack of rehabilitation centres for adolescence
- issue of emotional intelligence is not considerd
->Conclusion
An ideal juvenile system is that prioritises recovery, prevention ,civil inclusion rather than punishment. A system that acknowledges exclusion and does not promote and perpetuate it…