Juvenile Justice In India: Status & Challenges

Over the last two decades, researchers have made significant discoveries about the causes and origins of delinquency. Specifically, they have learned a great deal about adolescent development and its relationship to decision-making, about multiple factors that contribute to delinquency, and about the processes and contexts associated with the course of delinquent careers. Over the same period, public officials have made sweeping jurisprudential, jurisdictional, and procedural changes in our juvenile justice systems. The first half of the text focuses on Concept of Juvenile Justice, juvenile crime and examines trends and patterns in delinquency and victimization, explores causes of delinquency—at the individual, micro-social, and macro-social levels, and from natural and social science perspectives—and their implications for structuring a youth justice system. The second half of the book concentrates on juvenile justice and examines a range of issues—including the historical origins( An Evaluation of Juvenile Justice System in India ), Discriminatory application of Juvenile Justice and re-invention of the juvenile court; juvenile offenders' mental health status and considerations of trial competence and culpability; intake, diversion, detention, and juvenile courts; and transfer/waiver strategies—and considers how the juvenile justice system itself influences delinquency. Almost all the countries have developed juvenile justice system to deal with their young offenders. In India scene for the children has changed a lot and their problems and related issues have been given attention and are being discussed at various forums. The question of providing proper protection and care to the children of such a big number is a big challenge. A good number of our children on account of socio-economic reasons have adding themselves in the list of delinquent child. A report of UNICEF in 2005 on the state of world's children under the title “Child under Threat”, speaking regarding India, mentioned that millions of Indian children are equally deprived their right of survival, health, nutrition, education and safe drinking water. This is what is happening to the most of the young children who if properly taken care of, would shine the future of the country. The cache statements “Children are supremely important national asset”[2] and the greatest gift of humanity[3]. On account of their venerability and dependence they can be exploited, ill-treated and directed into undesirable channels by anti-social element in the community. The state has to difference of affording proper care and protection to children at all times.[4] The approach of the Supreme Court towards juvenile has been very liberal. It was way back in 1977, when Supreme Court in a case[5] held that penalty of death should not be imposed on a person below 18 years of age. Borstal Acts and Reformatory Schools Acts had the children guilty of offence punishable with death or life imprisonment in their focus. Though the judicial opinion was not uniform on the issue when these Acts could apply to such children[6]. Some conclusion and suggestions have been drawn on the basis of this research study. The researcher has put his conclusion and suggestions in his research that Parliament has enacted so many Acts for the welfare of the juveniles but these Acts have not been implemented whole-heartedly with sincere intentions on account of which juveniles in India are still facing many problems. Apart from it, certain suggestions for better implementation of the Act have also been made out at the end of the study. [1]BBA.LL.B 1^st year Presidency University, Bangalore. [2] Laxmikant Pandey vs. Union of India, 1984(2) SC 244, 249 [3] Bandhua Mukti Morcha vs. Union of India (1997) 10 SC 551-553 [4] See, the Object and Reasons Appended to the Children Act, 1960 [5] Raisul v State of UP, AIR 1977 (SC) 1822. [6] AIR 1965 (MP) 122, AIR 1937 (Nag) to 74 (DB) 1968 Crl.L J. 1178,1961, Mad. L J (Crl.) 705