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2.
Why in News/Controversy?
3.
United Kingdom
Australia
PIL in Delhi Highcourt
4.
5.
Reforms initiated
UP
Kerala
2.
3.
Functions of NCPCR?
4.
Constitutional Provisions
5.
6.
Mock questions
In India, we have accepted the policy of no imprisonment for children for any offence.
The Juvenile Justce Act of 2000 is the tool to implement that policy.
The Crimes committed by those under the age of 18, fall under this act.
Full name: Juvenile Justice (Care and Protection of Children )Act, 2000 (JJA)
Who?
Juvenile in
conflict with law
Children
involved in
crime.
Child himself can appear before the Competent Authority and demand his/her rights.
Juvenile Justice
Board.
1.
2.
Juveniles cannot be treated or sentenced in the same manner as the adult criminals.
3.
Cases involving juveniles are tried by juvenile Justice board and not by regular courts.
4.
5.
6.
7.
8.
If a Juvenile criminal is convicted, at maximum he gets three years in a reform facility. Thereafter he must be released on
probation.
Juvenile can only be kept at the special home till he attains 18 years of age.
Capital punishment (hanging) or life imprisonment cannot be imposed on a Juvenile offender, irrespective of the gravity of the
crime.
Juvenile Justice Act has provision for setting up such unit in every police station.
Police office of ASI or above rank shall work as as Child Welfare Officer.
These units are supposed to identify the children who are vulnerable to engaging in criminal behavior, and extend help to them.
But in most of the districts in India, such police units are either not formed, or theyre non-functional.
Why in News/Controversy?
Delhi police will file a separate charge sheet against him in a juvenile court.
Even if he is convicted, hell get maximum 3 years stay in a Juvenile reform facility.
Once he attains majority (18+), he cannot be kept with minor convicts at Juvenile reform facility AND he can he be sent to jail with
adult convicts. So hell be released.
This so called juvenile accused, had beat that Delhi gangrape-victim with an iron rod mercilessly. Yet the law calls him a juvenile
and hell be released with very light punishment.
Reforms Sought
In case of heinous crimes such as rape and murder, the Juvenile criminals should be tried just like adult criminals.
Crime
Rape
1200
Murder
1100
Kidnapping
500
Burglary
500
The Juvenile Justice Act provides that a Juvenile Criminal be placed in a reform facility for maximum 3 years.
But there is no logical or scientific reason which shows that a juvenile will be reformed within three years.
In the case of the Delhi rapist, there is no assurance he will be reformed in three years and will not pose a threat to society for the
rest of his life once released.
United Kingdom
Means any individual above the age of 10 is considered fully aware of the difference between right and wrong.
In case of a juvenile offender, he can either be tried as a juvenile or as an adult, depending on the heinousness of the crime.
Same as UK= if the crime was heinous (rape, murder etc.), the juvenile offenders are tried as adults.
Australia
Any individual over 14 years of age is held accountable of any crime committed by him.
whether the individual is to be tried as a minor or an adult depends again on the heinousness of the crime.
India
In India, were giving blanket protection to everyone less than 18 years old. Hell, Juveniles are exempt even from special laws
such as POTA, National Security Act etc.
India too should move towards a Juvenile Justice system with differential penal provisions. (=if a juvenile has Committed any
heinous crime, he must be tried and punished just like a regular adult criminal.)
This PIL seeks Delhi Highcourt to declare some provisions of the Juvenile Justice Act as ultra vires.
Because recent incidents show that juveniles, who have attained the age of 16 years, are involved in serious crimes.
Such Juveniles are quite well developed and they do not need the care and protection of the society. Rather the society needs
care and protection against them.
A person committing a serious crime after attaining the age of 17 years and 364 days cannot be treated differently from the person
who commits the same crime after attaining the age of 18 years and one day.
Most of these children grow up in an environment where they are neglected or face mental, physical or sexual abuse themselves.
These happen because most of the children belong to the poorest of the poor sections of society and grow up watching violence
and abuse in their families and neighbourhoods.
Throwing them in a jail will not help in their rehabilitation.
Main reason for juvenile crime is the failure to protect vulnerable children from falling under the influence of drugs or in the wrong
company of adults.
Delhi alone has around 80,000 children on its streets.
When children are living on the streets or in pitiable conditions, they can easily come under the influence of criminal-minded
adults.
The rate of crime by children (that is, the number of children committing offences per lakh of the population) has not seen a
substantial increase in the last decade
Hence, the demand to lower the age of juvenility is not supported by crime data relating to children in India.
Similarly India has seen very low Juvenile crime compared to Development countries such as USA.
Country
USA
India
Around 34,000.
A juvenile should not be imprisoned for life, without parole. Because it would place an unnecessary burden on the taxpayer.
If a Juvenile is sentenced for long-term prison, he might get into company of hardcore criminals and come out as a member of
organized crime rather than reformed and responsible citizens.
Reforms initiated
UP
The Uttar Pradesh government has put forward a proposal that in the case of rape, only those under the age of 16 be treated as
juveniles. (=age limit reduced).
Kerala
Kerala state Government has decide to amendment to the Kerala Juvenile Justice (Care and Protection of Children) Rules
The Social welfare department officials have also suggested that of juvenile justice rules need not apply in gruesome crimes such
as the Delhi gang rape and such juvenile offenders be treated like adult criminals.
Functions of NCPCR?
1.
Terrorism
2.
Communal Violence
3.
Riots
1.
4.
Natural Disasters
2.
5.
Domestic Violence
3.
6.
HIV AIDS
7.
Trafficking
4.
8.
Maltreatment
5.
Children of prisoners.
9.
10.
Pornography
Other functions
1.
2.
3.
4.
promote awareness
Children in distress,
5.
6.
7.
Inquire into violation of child rights and recommend initiation of proceedings in such cases
8.
9.
10.
Enjoys powers of a civil court. (can summon documents, persons, witnesses etc.)
11.
12.
Can approach the Supreme Court or the High Court and request them to issue orders or writs.
13.
Constitutional Provisions
15/3
21A
Right to education
23
24
Child labour
39
45
47
Category
Provisions
Survival
1.
The child shall be entitled from his birth to a name and a nationality.
2.
3.
4.
5.
Child shall not be separated from his mother, unless exceptional circumstances.
6.
Child shall be among the first to receive protection and relief, in all circumstances
and disasters.
State shall provide special treatment for physically, mentally or socially handicapped
children.
Society and the public authorities shall provide special care to children without a
family or means of support.
Protection
Development
^list not exhaustive, just listing the fodder-worthy points for essay/interview.
Mock questions
Q1. Which of the following is/are correct about Juvenile Justice Act
1.
2.
It is applicable in case of special acts such as POTA (repealed) or National Security Act etc.
3.
In case of heinous crimes, it allows the judiciary to treat juveniles as adult criminals.
Ans
a.
Only 1 and 2
b.
Only 1 and 3
c.
Only 2 and 3
d.
None.
Q2. Which of the following is outside the jurisdiction of National Commission for Protection of Child Rights (NCPCR)?
1.
2.
Ans.
a.
Only 1
b.
Only 2
c.
Both
d.
none
Article
1.
Related with
21A, 45
Child education
23
Forced labour
24
child labour
a.
Only 1 and 2
b.
Only 1 and 3
c.
Only 2 and 3
d.
All
Q4. Who among following enjoys to the powers to legislate on matters related to Prison, reformatories, borstal* institutions and other such
institutions?
a.
State
b.
Union
c.
Both (concurrent)
*Borstal= Formerly a British reform school for youths considered too young to send to prison.
Descriptive
Each for 12 marks (120 words)
1.
What are the salient Features of Juvenile Justice Act 2000 (12m)
2.
3.
List the functions of National Commission for Protection of Child Rights (NCPCR)
4.
Essay
1.
In serving the best interests of children, we serve the best interests of all humanity.
2.
If we are ever to have real peace in this world we shall have to begin with the children.
3.
4.
A society that has more justice is a society that needs less charity.
5.
6.
An act of justice closes the book on a misdeed; an act of vengeance writes one of its own.
Interview
1.
What are the responsibilities of a district collector regarding protection of child rights?
2.
Are you in favor of reducing age limit of Juvenile criminals? Yes/no why?