The current problem India is facing that, the law is insufficient for giving punishment to the Juvenile, according to the crime committed. After the Independence, with an aim to provide care, protection, development and rehabilitation of neglected or delinquent juveniles, our Parliament enacted the Juvenile Justice Act, However, due to various reasons certain percentage of children do not follow settled social and legal dictum.
Juvenile Justice Care and Protection of Children Act, will allow a Juvenile Justice Board, which would include psychologists and sociologists, to decide whether a juvenile criminal in the age group of 16—18 should tried as an adult or not.
Proposed Amendment in Juvenile Justice Act, The Juvenile Justice System was the direct consequence of the reforms and the developments in the Western Ideas. It seems rather unreasonable to impose the same punishment to the juveniles in the conflict with law, irrespective Juvenile justice act inida the nature and seriousness of the crime committed by them.
But in case of a girl this age limit was 18 years. The act came into effect from January 15, Juvenile justice act inida, with comprehensive provisions for the children allegedly found to be in conflict with law as well as those in need of care and protection.
The bill also seeks to make the adoption process of orphaned, abandoned and surrendered children more streamlined.
Many experts and activists viewed post December Delhi Gang Rape responses as creation of media sensationalisation of the issue, and cautioned against any regressive move to disturb the momentum of Juvenile Justice Legislation in the Country. In contrast to this, Juvenile Justice Care and Protection of Children Act, only imposes only a maximum sentence of 3 years without the reference to the nature committed.
The bill introduced concepts from the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption, which were missing in the previous act. For this a Working Group was set up failures in the implementation of the Juvenile Justice System are summarized in the literature review, seep.
In conclusion it can be said that whatever changes be made in the Act, it should be the interest of justice which must prevail.
Many serious steps has to be taken by the government to grade the nature of offences should be redeemed under this Act for the benefit of the society. The maturity level of children has not remain the same as years ago, a child gets mental maturity early in present socio-cultural environment due to the influence of Internet and Social Media.
After the age of five, punishment may be given in some suitable form such as physical chastisement or rebuke by the parents, towards the later half of the childhood, punishment should be gradually withdrawn and replaced by advice.
So it should be carefully drafted after taking into consideration all dimensions.
The crimes are sometimes of heinous nature like murder, rape, robbery. Recently due to major hue and cry in public against the increasing number of crimes being committed by the juveniles, the Government has decided to present the proposed amendment in law in the current Parliament itself.
He said that they should be educated instead of being punished. It is not only unsafe for the victims but also create unsafe surrounding. This amendment would have far reaching effects on our criminal justice system. A bill seeking to empower district magistrates to pass orders for adoption of children to reduce the time taken for issuing such directions, was introduced in the Lok Sabha on Monday.
The Court asked the juvenile court to delay its verdict. The reason is that that in several of the recent incidents as described above, it has been found that the juveniles of age group are involved in serious crimes and they are doing such criminal acts with full knowledge and maturity.
This act was transplanted by the Reformatory Schools Act, subsequently provided that children up to age of 15 may be sent to reformatory cell, and later the Juvenile Justice Act provided a uniform mechanism of Juvenile Justice.
He was tried in a juvenile court.
At present there are large numbers of people in the society who are demanding that juveniles and specially juveniles in the age group of 16 to 18 years should be treated as adult as far as their conviction in heinous crimes such as rape, gang rape, murder, dacoity etc. Also, there is nothing to prove that harsher laws will lead to fewer crimes.
Experts and common public both are having strong views regarding the same. As tempted as I am to say that offenders committing offences of such gravity, irrespective of whether they are juvenile or adult should be harshly punished, it seems this is not the ideal ;solution to the problem.
In America, Haley vs Ohio  and Gallegos vs Colorado  the admissibility of a child was questioned and Kent vs United States  considered the requirements for a valid waiver of the exclusive jurisdiction of the juvenile courts.
Though these cases related to certain restricted aspects, they mistakably indicated that constitutional safeguards were not for the adults.The bill seeks to amend the Juvenile Justice Act to empower district magistrates to issue orders for the purpose of adoption.
Download The Times of India News App for Latest India News. Read. The Juvenile Justice (Care and Protection) Act, lays down that juvenile in conflict with law or juvenile offenders may be kept in an ‘Observation Home’ while children in need of care and protection need to be kept in a ‘Children Home’ during the pendency of proceedings before the competent authority.
Against this backdrop, the Juvenile Justice (Care and Protection of Children) Amendment Bill,was introduced by Women and Child Development Minister Maneka Gandhi. As of July 20 this year, as many as cases relating to passing of adoption orders are pending in various courts.
Juvenile Justice Act, In fact the indigenous thinking on Juvenile Justice has been keeping abreast with the global trends in this field. With the adoption of the United Nations Standard Minimum Rules for the administration of the Juvenile Justice, India was the first country to evolve its system in the light of the principles enunciated therein.
(1) This Act may be called the Juvenile Justice (Care and Protection of Children) Act, (2) it extends to the Whole of India except the State of Jammu and Kashmir.
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