Juvenile Laws in India
Find Juvenile Laws expert lawyer in India.
What is Juvenile Laws?
What is the need for Juvenile Laws?
What is Foster Care?
Hoe are Juvenile Laws regularized?
How is Juvenile Laws legally recognized in India?
Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Juvenile Laws related queries and also guide you on how to resolve this matter with ease.
About the Juvenile Laws
Juvenile Laws primarily aim at providing a special, and sensitised approach to Juveniles who have been regarded as Country’s greatest asset. These laws have a progressive intent behind them and its primary act, the “Juvenile Justice (care and Protection of Children) Act was recently amended following the event of the heinous Delhi Gang Rape that happened in 2012’s December, the Nirbhaya Case.
One of the features of Juvenile Laws is that the mode of prosecution and prescribed punishments are different. In 2014 as per the sources of Indian Express, agents of the terrorist organisation ‘Lashkar-e-Toiba’ asked its agents to claim their age to be under 18 when caught as that would make their prosecution under ‘Juvenile Justice Act’(instead of the Indian Penal Code) the maximum punishment for which is 3 years.
Regularizing and Legal Recognition of Juvenile Laws
Juvenile Justice (Care and Protection of Children) Act, 2015:
On 15th January, 2016 this Act came into force. It introduced the concept of ‘foster care’ in the country. Foster Care refers to the concept of foster parents nurturing children to benefit their growth and identity without maintaining control of a child’s assets or rights, the foster parents are also not under an obligation to make the foster child a legal heir to their property.
The most prominent feature of this Act is enactment of a new ‘Judicial Waiver System’ which refers to the system of circumstantial treatment of minors as adults for the processes of criminal justice system.
Corporal punishment attracts a fine of Rs. 50,000 or imprisonment up to 3 years, a person providing alcohol/drugs to child can be punished with imprisonment for a period upto 7 years and/or fine of Rs. 1,00,000. These are some of the other provisions of this Act.
For the execution of the principle of ‘Judicial Waiver System’, provision for constituting a new Juvenile Justice Board has been made. This board would consist of psychologists, sociologists, etc. who would take the decision on whether a minor should be tried as an adult or not if his crime is of a heinous nature.
Parents now get a re-consideration period of three months instead of one month if they give up their child for adoption.