Author By : Ropafadzo Mazorodze.
Institution : Vishwakarma University.
Introduction.
Juvenile refers to safeguarding children who are eighteen years and below.In India, the Juvenile Justice Act (2015) is responsible for ensuring the care and protection of children in relation to the law and their rights. The Juvenile Justice Act addresses crime cases that are related to minors as well as to provide rehabilitation and it also ensures that young offenders are taken back in the society. This Act is also used to take care and protect vulnerable children for example orphans, children who have been abandoned by their parents, survivors of child trafficking and those who are at risk of harm by their guardians. India introduced Juvenile Justice Boards to question children using friendly gestures so that they open up easily, Foster Cares ensure that children with no family have places to stay and Rehabilitation Centers train children so that they gain a sense of belonging in the society.
Historical evolution.
The Juvenile Justice in India evolved from a primary punishing approach to rehabilitation and care. In the past the Apprentices Act of 1850 and the Reformatory Schools Act of 1876 treated young offenders as children so they did not give them long sentences or punishments. Later on the Children Act of 1960 was introduced and accused juveniles were given sentences according to the gravity of the crime committed. Secondly, the Juvenile Justice Act of 1986 seeks to ensure that children who committed crimes were given similar judgments for instance robbery cases were jailed for a maximum of two years all over India. The Juvenile Justice Act of 2000 strengthened its focus on rehabilitation and social reintegration of young offenders. In 2015 the Act put provisions to put strict laws on older juveniles such as children between the age of sixteen and eighteen who commit bigger crimes like murder.
The role of Juvenile Justice in India.
India’s Juvenile Justice system focuses on rehabilitating children so that they become better individuals in the society rather than punishments. It mainly aims at a child’s potential and good qualities instead of their wrong – doings only. The Juvenile Justice Act elaborates how cases of minors should be handled in regards to laws and it also plays a vital role in taking care of children and protecting them from harm or abuse. This Act focuses on rehabilitation of juveniles so that they become better individuals and fit in the society. Child Welfare Committees (CWCs) provide care and protect children who are exposed to abuse, harsh living conditions and victims of child trafficking. Children who commit crimes are not tried in general courts, they are brought before the Juvenile Justice Boards (JJBs) because they provide children with a safe environment that is child – friendly and less intimidating.
Corporate governance reforms of Juvenile Justice in India.
The cases of juvenile justice in India as seen by the corporate governance reforms particularly under the Juvenile Justice Act 2015 as they aim to ensure children’s rights during trials, improve JJBs and strengthen institutions in regards to minors. These reforms aim at introducing an effective and child – friendly system that fosters children’s care and protection with juveniles in conflict with the laws. The Act is currently working on improving how children are taken care of in their families, foster homes and orphanages because researchers found that children who are facing abuse find closure in committing crimes. These corporate governance reforms have been reducing juvenile crimes because children between sixteen and eighteen are tried as adults hence they no longer commit heinous crimes. However, these reforms are facing many challenges that include longer – term impacts because some children fail to change through rehabilitation only due to their damaged nature.
Key guidelines of Juvenile Justice in India.
The Juvenile Justice Act 2015 in India focuses on rehabilitation of children and social re-institution in conflict with how laws are judging them rather than punishment. Its key guidelines define a juvenile as any person below the age of eighteen, it established Child Welfare Committees and JJBs as it prepared the paper works for adoption and it also built homes for rehabilitation. This Act creates friendly environments so that children open up easily, all the provided information is treated privately, it is confidential and cases of bias are low during proceedings. The definition of juvenile was drafted from the one that was published by the United Nations Convention on the Rights of the Child (UNCRC). The state is responsible for training law enforcers to be more sensitive when handling juveniles because they need special care. The Juvenile Justice Act 2015 puts the child’s best interests at heart in judgments.
Regulations of Juvenile Justice in India.
Regulations for juveniles in India are being governed by the Juvenile Justice (Care and Protection of Children) Act 2015. According to the Act , a child is someone who has not attained the age of eighteen. The law judges juveniles with the help of this Act as they give them linear punishments. It cares for children who have been abandoned by their parents, who are being abused by their guardians, those who are being neglected by their families as well as being exploited and those who have unfit guardians for instance parents who are addicts or old. In most cases juveniles are not jailed for petty issues like puck – pocketing but some hideous crimes they are put in prisons like murder. The Juvenile Justice Board grants permission to courts to try juveniles of sixteen to eighteen years of age if they commit hideous crimes depending on the child’s maturity and mental capability.
Norms of Juvenile Justice in India disclosure and transparency.
In India, Juvenile Justice Act 2015 safeguards the rights of juveniles as well as the rights of the minors against the law itself. The disclosure and transparency norms include prohibiting the identity of the victim. Newspapers, magazines, and all social media platforms are not allowed to say the name, address, school or any information that might lead to people suspecting the child whether he / she is either a victim or witness to a crime committed. The Board may permit newspapers to disclose the child’s information if it concerns the child’s best interests and the permission granted must write the reasons for disclosing their information on the headline. If the case is closed or disposed of, then the police is forbidden to disclose any information of the victim or witness no-matter what. Minors are also given free legal guardians to stand up for them if they don’t have anyone, for instance orphans.
Challenges and criticisms of Juvenile Justice in India.
The juvenile justice system in India has helped many children to get justice from the wrath of their helpers. However, it has faced many challenges and criticisms from the general populace. Firstly, the juvenile justice system faced a challenge of lack of infrastructure and resources for instance many rehabilitation centers are overcrowded hence the government has nowhere to put young criminals who desire to become better individuals in the society.Cases involving juveniles are usually delayed thus children’s well being are disturbed because they are labeled by the society as bad people therefore it becomes very difficult for them to get back to their good traits. In addition, the juvenile system faced many criticisms including its nature of limited scope because it focuses on mainly children in conflict with the law and not children who belong in other vulnerable groups.
Impacts of Juvenile Justice in India.
Care, protection and rehabilitation was accomplished by the juvenile justice system in India as it stood up for the children in conflict with the law using a child – friendly approach that helped children to open up. However, its effectiveness is still a controversy because in some cases JJBs offer rehabilitation rather than punishment but in serious cases it chooses punishment over rehabilitation. Its positive impacts are it focuses on rehabilitation thus showing its great strategy of focusing on the child so that they feel loved and at home. Rehabilitation helps children to belong in the society and children are also taught life skills that help them to cater for themselves. However, some children are just social misfits who need serious help because if they are released they will continue committing more crimes since the police will always let them off the hook.
Future directions of Juvenile Justice in India.
l suggest that the future of India’s juvenile system should strengthen its rehabilitation so that children are transformed as they go back into society. I encourage the government to introduce community – based solutions so that children feel a sense of belonging hence they won’t commit any crimes or wrong their families. I encourage the government to introduce rehabilitation centers with skilled personnel so that they help children easily. For instance, someone who has been a victim of abuse knows the signs of abuse and how to help others experiencing it. The community must also help to educate children so that juvenile crimes reduce, for example peer mentoring, vocational training and family therapy so that children’s time is occupied in useful things rather than crimes. The government must put strict laws so that cyber crimes are reduced and some websites with adult content must be locked so that children do not access them.
Conclusion of Juvenile Justice in India.
In conclusion the juvenile justice system of India protects children under the age of eighteen who are in conflict with the law.The Juvenile Justice Act 2015 takes the point of rehabilitation, care and protection of the children. However, children between sixteen and eighteen years can be treated as adults if they commit bigger crimes.
References :
1. Mukesh & Anr vs. State for NCT of Delhi (2017)
2. Salil Bali vs. Union of India (2013)
3. Sheela Barse vs. Union of India (1986)
4.https://prsindia.org/billtrack/the-juvenile-justice-care-and-protection-of-children-amendment-bill-2021
5.http://www.bareactslive.com/ACA/ACT1876.HTM
About the Author
