JUVENILE DELINQUENCY AND LEGAL AID

INTRODUCTION

Juvenile is referred to a person who is not old enough and cannot be regarded as an adult. In India, the definition of juvenile is specified under JUVENILE JUSTICE ACT, 2015.

Juvenile delinquency problem has been in existence since we study the concept of society. It is an important feature of all societies, be it simple or complex. To solve this problem The Juvenile Justice (Care and Protection of Children) Act, 2015 came into force on 15^th January 2016 which defines new confinements with regard to penalizing juveniles and providing children from impoverished backgrounds with the basic needs and facilities that they require to live.

The research will be more focused on juvenile delinquency and study of increased crime rates in India through statically data, behavioral change of youth, comparative study and critical analysis on Juvenile Justice Act, 2000 and the amended act. The article will propose preventive measures to stop the crime rate and to move towards peaceful society.

WHO IS JUVENILE?

Juvenile is referred to a person who has not attained the category of adults by his own behavior which is childish or not mature. In legal terms we can say that a child who has not attained the age in which he is considered as adult and can be held liable for criminal acts executed by him like adult person in country. In simple words we can understand that juveniles are the adolescent youth who lie in category of child nor in adults, they are the one who has not attained eighteen years of age.

DIFFERENITAION BETWEEN MINOR AND JUVENILE

Minor is the person who has not attained the age specified by the law to consider him as a adult i.e. 18 years of age. It is generally referred to an innocent child.

Whereas, juvenile can be recognized as young person who is not adult but accused of a crime. In this reference, it is slight negative term which does not define innocent youngsters it more tends to describe a young criminal who is not adult.

JUVENILE DELINQUENCY

This term technically describes the person who is found guilty but not considered as adult lawfully.  It means involvement by the teenagers in an unlawful behavior who is basically under the age of 18 and commits an act which is considered as a crime. A child is known as a delinquent when he/she perpetrate a mistake which is against the law and is not accepted by the society. A child is known as a delinquent when he/she commits a mistake which is against the law and which is not accepted by the society. No conduct constitutes a crime unless it is declared as criminal in the laws of the country. Delinquent and criminal behavior may brim among young people as they negotiate the transition from childhood to adulthood in an increasingly complex and confusing world.

STATICAL DATA ON JUVENILE CRIME

 According to the data presented by the government in Rajya Sabha, juvenile crimes increased by over 47% in the last five years.
 If we study the data of National Crime Records Bureau, the incidents of juvenile crime have constantly increased during the last five (2010-2014) years.
 Police and public order are state subjects and as such the primary responsibility of prevention, investigation and prosecution of crime lies with state government and Union Territory administrations. According to the government, in 2010 22,740 cases were filed  while the number rose successively over the years and in 2014, a total of 33,526 such crimes were committed. In 2015, the major amendment was done after the nirbhaya case that juvenile in the age group of 16-18 years of age involved in heinous offences will be treated as an adult offender.

BEHAVIOURAL CHANGE IN YOUTH

Children are the vibrant building block on which the foundation of nation is laid. The young delicate mind can easily be molded to the needed requirements and can be easily inclined towards criminal activities. This is the most alarming issue as the future of the coming generation is at stake.

Generally, the peer pressure, bad company, adolescent impulses and instability of mind, love for adventure, street life, early sexual experience, sudden impulse, luxurious or lavish lifestyle are the reasons for becoming a juvenile for a minor.

STRUCTURAL LAW OF JUVENILE JUSTICE IN INDIA

The national policy for the welfare of the children, 1974 gave a view that the children are the most important asset of the country. There should be prominent part for the sustainable development of the children so that they can contribute in an accountable way to develop the nation and become robust citizen once they grow up.

So, after proper reviewing of the children’s act, the juvenile justice act, 1986 was enacted to implement major laws in the juvenile justice.

• JUVENILE JUSTICE ACT, 1986

India is among the earliest countries to adopt the theory of United Nations Standard Minimum Rules for The Administration of the Juvenile Justice. The main reason behind enacting of the juvenile justice act, 1986 was to create a legal framework for the juveniles and crime committed by them in the country. This act was not the example of just adopting the internationally proclaimed principle but also set a new concept of juvenile justice in India and lays down the stress on bringing youth back into the society after rehabilitation. The act abides duty of state to use its resources in socio- economic sector for the rehabilitation of the juveniles and to give them a chance to come back to the society if they happen to be faulter.

• JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000

The juvenile justice act, 1986 had some shortcomings and loopholes which came out as a major problem between government and non-governmental sectors which were working for the recreation of the youth. To overcome this shortcoming, the new Juvenile justice act was enacted in 2000. It was re- enacted in the vision to rationalize and standardize the approach towards juvenile justice in keeping relevant provisions of the constitution and international obligations and regulations but these efforts made by government were not sufficient enough as per their set goals and the juvenile justice was not implemented properly in India. This act with its all additional inputs has been enforced since April 1, 2001 to deal with children in its purview. The upper age limit of the children within the purview of law has been changed and was increased from 16-18 years of age, which would increase coverage seven times. Hence, the national legal advisory board was constituted for the necessary changes in the act.

• JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

The juvenile justice act, 2015 was enacted and replaced the prior act of 2000 so that juveniles of the age of 16-18 years of age involved in heinous crime could be tried as adults. It was the alarming call for the change in law as there was a huge steep rise in the crimes committed by juveniles and the law was used as a “gateway to pass by” by the youth under the age of 18. The “NIRBHAYA RAPE CASE” brought utter concern, dismay and outrage among the society and therefore, the necessary change has to be made in order to maintain the peace and public order in society. The bill was brought up with several new provisions which were not there in previous ones. The principle theory of Hague convention and cooperation in respect of inter country adoption – 1993 was added and the constitution of Juvenile Justice Board in every district was one of the landmark provision in the act towards the proper implementation of judicial system for juveniles.

ROLE OF JUDICIARY

Supreme court of India as well as various high courts of the states have played a vital role in development of Juvenile Justice Law in Indian society.

The juvenile justice board or juvenile courts are under the statutory and constitutional duty to deal with the juvenile who are in conflict in law.

The authorities are required to make full enquiry and give full opportunity to the juveniles to put his case before the board or court.  Developing as well as developed countries face major problem of juvenile delinquency. The government of India stress on the regular advancement of juvenile laws and to provide adequate judicial system in accordance to them by establishing juvenile courts.

Judiciary has updated itself on the subject to make refined laws and provisions relating to children. Judiciary with time has showed concern for the advancement of the judicial system for the juveniles. Certain cases show how supreme court of India acted sensitively in the matter of juveniles.

• Sheela Barse vs. Union of India 

Supreme court issued necessary directions to the state governments to setup observations homes, where the children accused of an offence could lodge, pending investigation and trial will be expedited by juvenile court.

• Sheela Barse vs. Secretary, Children aid society

Supreme court commented upon setting up dedicated juvenile courts and special court officials and proper provisions of care and protection of children in observation homes.

• MC Mehta vs. State of Tamil Nadu

Supreme court pronounced upon the constitutional perspective of the abolition of child labor and issued appropriate guidelines to the government of India with aspect to compulsory education, health, etc. of the child labor.

• Sakshi vs. Union of India

Supreme court directed government and law commission to conduct study and submit a report on the means of curbing child abuse.

ROLE OF POLICE

Police is the first authority through which a juvenile enters juvenile justice system. It only produces them in front of Juvenile Justice Board, Juvenile can be kept in police lock up or jail. It’s the duty of police to file charge sheet and accompany the juvenile accused once the enquiry is done or have taken place to the special home where he is directed to stay by the court of law.

Police also have authority to immediately apprehension release juvenile on the bail. Special juvenile police unit including the law enforcing official are primarily engaged in the prevention of juvenile crime under the act to perform their function more effectively. In every police headquarter minimum one police officer having full ability and authority

 is designated as the juvenile welfare officer in accordance with the law.

EARLY INTERVENTION AND PRECAUTIONARY METHODS

It is the most vital programme which should be conducted on a compulsory basis in schools and on district or village level to motivate children to carry out healthy activities and to make them understand about the goods and bads of the society. The main aim to carry out this outreaching programme for the children is to stop them from committing crime and to stop the condition of “cradle to prison”.

Many things can be carried out to make it successful such as –

• Recreation programmes for youth
• Healthy and classroom curriculum
• To make them aware of their duties
• Aware them about values and ethics through the means of moral science
• Rehabilitation programmes for the children involved in criminal activities
• Making them aware about the basic wrongs in the society

The efforts to make juveniles a part of our society and to join them to the mainstream Government and judiciary are putting lots of effort because they are the future of the nation so they need to be responsible and a good citizen of a country abiding rules and regulations which governs them. Hence, these types of programmes are very vital in taking back youth to the mainstream of society.

CONCLUSION

India is perhaps the only country in the world which has maximum number of laws, rules and regulations for supervising the conduct of society. It is the country where the conduct and behavior of people is governed by law rather than any teachings or learnings. In this rapid change of time we must think ourselves whether country should make more and more laws or it should get its new inventions done in field of innovation and technology.

The steps initiated by the government as well as judiciary is appreciable but the efforts that mainly counts for the reduction of juvenile crimes is the injection of ethics and values which makes human a man who has ability to think off what is right or wrong. These programs should be a integral part of school curriculum  so that youth may lead towards responsible citizen to make India a developed nation.