Why juvenile delinquency is a problem
Some of the basic fundamentals which have to be followed in the administration of rules;. If these principles are properly followed up then certainty is high that every child comes into contact with the Juvenile Justice system and is assured to be safe, protected, cared.
All the enactments were trying to bring an increasing number of children within the ambit of Juvenile justice. The Nirbhaya Case on December 16, , resulted in the use of social media to organize a continuous protest against the brutal rape. The media put the limelight on a year-old child involved in gang rape. The media flashes headlines that the child was most brutal of all the accused in this rape.
With the Criminal Law Amendment Act, , all women were presumed to be safe except from Juvenile who was containing to pose the biggest threat to society of women in India. After Delhi gang rape it was found that one of the accused was minor and just a few months away from being So, I was tried in Juvenile Court.
The Supreme Court asked the Juvenile Court to delay its verdict. When the Supreme Court allowed the Juvenile Court to give its verdict, the boy was sentenced to 3 years in a reform house. The mother of victim criticizes the verdict and said by not punishing the accused the Court is encouraging other teenagers to commit similar offences. Judiciary is an important part of the State. The primary duty of the Judiciary is the administration of justice. It is expected from the judicial system and the judicial decision-maker that the responsive contribution towards upholding child rights is made by them.
In Interpretation of new enactment, the role of the supreme court and various high courts is appreciable. The judiciary plays an utmost role in upliftment of children in the need of protection and care and in early disposition of Juvenile in conflict with law. The trend set by the Supreme Court and high courts are the guiding factors for the lower judiciary. The Supreme Court made the following statement in one of the cases. This negative approach converts even the culture of Juvenile homes into Juvenile jails.
The committee headed by Justice J. Verma on the amendment of criminal laws rejected the demand for lowering the age of Juvenile to As it found no merit reducing the age of Juvenile for certain offences and relied among others, on the fact recidivism had fallen from 8.
One of the heinous cases came in limelight Muzaffarpur Shelter Home Case wherein44 girls were rescued on 30 May, following allegation of sexual abuse. The youngest to be raped was 7 years of mute child. The matter was handed to CBI for further investigation.
The brutal gang rape and murder of a female physiotherapy intern in Delhi in December, , by six men, one of whom was a seventeen-year-old juvenile, retriggered the debate on the age limit of juveniles. Under the existing law, the maximum punishment that could be given to juvenile is 3 years of detention in a remand home, irrespective of the gravity of the offence.
This led to hue and cry demanding a change in the juvenile committing grave offences like rape and murder. Verma , J. The Committee categorically rejected the demand for lowering the age of juveniles to sixteen. Instead, it opined that there was a need to reform and restructures the existing juvenile justice and welfare system and called for stricter implementation of the Act. It found no use in reducing the age of juveniles for certain offences and relied, among others, on the fact that recidivism had fallen from 8.
Treating the juvenile in heinous crime is a good step. Some of the reasons are as follows;. The provision for the rehabilitation of the juveniles but these homes and executive authority are not working properly.
There is a lack in following up of these provisions. Society participation and sensitizing in matters related to juvenile delinquency is important. The people in the society are sensitized about the matters of neglected child and child living in a difficult situation.
The rehabilitation process can make better and easy life to the children in conflict of law. Role of the Court is very important for the securing the rights of the human including the children, children are the asset of the nation and it is the primary duty of the court to secure the rights and facilities available to the citizen for the welfare and development of the society.
The Supreme Court has commanded a remarkable job for the care and protection of the children. Some of the highlights showing stand of judiciary in the Welfare of children. Union of India , [28] speaking through J. B Lokur and Deepak Gupta observed that special attention should be given in the case of disasters. Union of India [29] , the legislation on child care and protection shall be benefited to all the categories of children.
Guidelines are also issued by the court to protect the rights of children. In case of Gaurav Jain v. In case of Lakshmikant Pandey v. State [31] , observed that a child has a right to be loved. He also has a right of moral and material security. LEPL Center for Crime Prevention was established in and promotes the prevention of juvenile delinquency, rehabilitation and re-socialization of former juvenile prisoners, and institutional development of mediation..
The youth will help the elderly which promotes developing a sense of solidarity and responsibility in minors.
This program helps beneficiaries to use their free time productively. The tertiary prevention programs include programs aiming at preventing children, who have pleaded guilty or are convicted of an offense, from re-offending.
These are the diversion and mediation programs applying to individuals under the age of Deviation programs present one chance to the person under the age of 21, in exchange for fulfilling certain conditions, to continue living without a conviction and a sentence, to start a law-abiding life, and to take a step forward to a successful future.
In Georgia, the Rehabilitation and Re-Socialization Program for Former Prisoners was launched at the end of to promote the rehabilitation of persons released from penitentiary facilities, returning them to society as full members, and to prevent re-offending. For the effective management of the rehabilitation and re-socialization process, it is crucial to involve various governmental and non-governmental organizations.
This project aims to facilitate the re-socialization of probationers, former offenders, and their family members through an integrated approach that includes vocational training, psycho-social and legal counseling, and assistance in job search, mentors support and delivering other benefits free meals during training, reimbursement of travel expenses.
Successful participants of the project had the opportunity to undergo paid internships at local companies or apply for material support for setting up their own or expanding an existing business or establishing a source of income.
Juvenile detainees are a particularly vulnerable group in the penitentiary system. In the Juvenile Rehabilitation Facilities programs aiming at their rehabilitation and re-socialization are defined by the individual approach mechanism.
They have the opportunity to receive general education following the standard of the educational system and the educational process under the national plan. Various rehabilitation programs are being implemented:. Despite the current and completed preventive measures, issues concerning juvenile delinquency are still relevant in Georgia.
For their elimination complex, comprehensive approaches and engagement of both the state and the society are needed at every stage of the crime. In my opinion, the efficiency of these measures requires that prevention programs reach all members of the risk groups and be fully accessible.
South Caucasus Regional Office , 03rd Jul at All of the blogs are posted by external authors and do not necessarily represent the views of Penal Reform International.
A very analytical and well written article about the causes and measures required to curb the ongoing issue of juvenile delinquency. With that, once again thank you very much for your generosity to help nurture the upcoming undergraduate students worldwide through this initiative of providing the insights into what, why and how Juvenile delinquency is crucial in almost every existing society.
Save my name, email, and website in this browser for the next time I comment. This website uses cookies to help us understand the way visitors use our website. Toggle navigation. Home Explore. By Kashishmathur03 Views Juvenile Justice Act, aims to replace the existing Indian Juvenile Delinquency Law, Juvenile Justice Act, , so that juveniles in conflict with the law, involved in Heinous Offences, can be tried as adults.
Juvenile here refers to those adolescents who have not yet achieved the age of majority or fall within the age group of years. Juvenile Crime is not naturally born in the child but it is largely present in him because of the surroundings that he is brought up in, his own absurd actions or simply lack of discipline and proper education. As Fredrick Douglass says: It is easier to build strong children than to repair broken men. The youth is regarded to be one of the greatest assets of a country.
If this population is not well groomed the future of a country would certainly not be very bright. We as a whole have a moral as well as an ethical responsibility to provide all children with a healthy environment to study and grow in. The most common reasons for a child to go against the law is either lack of education or faults in their upbringing that is due to unhealthy socio-cultural environment resulting in the child to become physically and mentally unfit as well as an irresponsible citizen.
Fair and equivalent chances must be given to all youngsters to diminish imbalance and guarantee social equity in the country.
Children are expected to be obedient, respectful and have good virtues. However, due to certain circumstances, some children are unable to follow the set social and legal dictum. These children often get involved in criminal behavior which is known a Juvenile Delinquency or Juvenile Crime. Who is a Juvenile? What is Juvenile Delinquency? Juvenile Delinquency refers to participation of minors in illegal crimes. The act of delinquency may include running away from home, use of inappropriate or vulgar languages, committing sexual offences etc.
Historical Background of Juvenile Justice System India Prior to the Juvenile Justice Act , enacted by the Parliament to provide care, protection, treatment, development and rehabilitation to neglected or delinquent juveniles, the Juvenile Justice Act, was operative throughout the country.
This act was further amended in and In the wake of Delhi gang rape 16th December this law suffered a nationwide criticism owing to its helplessness against crimes where juveniles get involved in heinous crimes like rape and murder but cannot be tried.
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