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Social Media And Human Rights Of Juveniles in India: A Study

India is home to the largest kid population among the globe. The Constitution of India guarantees elementary Rights to any or all youngsters among the country and empowers the State to create special provisions for children. The Directive Principles of State Policy specifically guide the State in securing the tender age {of youngsters|of kids|of youngsters} from abuse and making certain that children ar given opportunities and facilities to develop in an exceedingly} very healthy manner in conditions of freedom and dignity.

Juvenile are usually outlined as a baby WHO has not earned a particular age at that he, like associate degree adult person below the law of the land, is also command in command of his criminal acts.

The juvenile may well be a toddler WHO is supposed to have committed /violated some law that declares the act or omission on the a district of the child as associate degree offence. Juvenile and minor in legal terms ar used in numerous context. Juvenile is utilized as a reference is created to a young criminal offenders and minor relates to legal capability or majority.

The Juvenile Justice (JJ) system depends on principles of promoting, protective and safeguarding the rights of children. it completely was enacted by the Indian Parliament in 1986. among the year 2000, the Act was comprehensively revised and supported the international organization Convention on the Rights of the child (CRC), that India had legal in 1992; the Peiping Rules; the United Rules for the Protection of Juveniles empty their Liberty; and each one alternative national and international instruments, thereby clearly process youngsters as juvenile up to the age of eighteen years(Section a pair of (k) of the Act defines "child' as a private WHO has not completed eighteen years previous.

The Act relies on the provisions of Indian Constitution and conjointly the four broad rights outlined by the United Nations CRC:

  • Right to Survival
  • Right to Protection
  • Right to Development
  • Right to Participation

This Act repealed the earlier Juvenile Justice Act of 1986 and has been more amended in years 2006 and 2011. The Juvenile Justice (Care and Protection of Children) Act, 2000, is that the first legal framework for juvenile justice in India. The JJ Act primarily focuses on the twin reticulate aspects of delinquency and handling of kids in would like of care and protection.

The JJ change Act, 2006, brought substantive changes to the JJ Act, 2000. it has been enacted to produce for care, protection, development and rehabilitation of neglected, delinquent youngsters and includes among its scope kid labourers. Section a pair of (d) (ia) includes 'working children' among the compass of a 'child in would like of care and protection'. The Act broadened the scope of rehabilitation of the child in would like of care and protection, or of a juvenile in conflict with the law, through not solely the institutional however conjointly the non-institutional approach.

The JJA creates a juvenile justice system throughout that persons up to the age of eighteen WHO commit associate degree offence punishable below any law are not subject to imprisonment among the adult justice system however instead ar subject to advice/admonition, counseling, community service, payment of a fine or, at the foremost, be sent to a remand home for three years.

Juvenile Justice (Care and Protection of Children) Act, 2000, has the following issues:

  • delays in varied processes below the Act, like selections by kid Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs), leading to high pendency of cases.
  • delay in inquiry of cases leading to youngsters languishing in Homes for years altogether for committing petty offences.
  • increase in rumored incidents of abuse of children in establishments.
  • inadequate facilities, quality of care and rehabilitation measures in Homes, particularly those who are not registered below the Act, resulting in issues like youngsters continuance offences, abuse {of kids | of youngsters| of youngsters} and runaway children.
  • disruption of adoption and delays in adoption because of faulty and incomplete process and lack of timelines.
  • lack of clarity concerning roles, responsibilities, functions and answerableness of child Welfare Committees and Juvenile Justice Boards.
  • restricted participation of the child among the trial method, delays in rehabilitation arrange and social investigation report for every kid.
  • lack of child-friendly procedures by Juvenile Justice Boards and conduct of Board sittings in Courts in several districts.
  • lack of associate degreey substantive provision concerning orders to be passed if a shaver appreciated for allegedly committing an offence was found innocent.
  • no specific provisions for coverage of abandoned or lost youngsters to acceptable authority therefore on make certain their adequate care and protection below the Act.
  • non-registration of establishments below the Juvenile Justice Act and inability of the states to enforce registration thanks to lack of any penal provisions for non-compliance.
  • lack of any check-list of rehabilitation and re-integration services to be provided by establishments registered below this Act.
  • inadequate provisions to counter offences against youngsters like penalty, sale of children for adoption functions, ragging etc; and
  • increase in monstrous offences committed by youngsters and lack of any specific provisions to pander to such youngsters.

As the knowledge suggests, between 2011 and 2012 alone, there was a large increase in instances of rape by juveniles by nearly three hundred, that is sort of the utmost quantity as a result of the rise in such cases over the total previous decade. This increase alone makes modification of the JJA imperative.

The brutal Old Delhi gangrape case has bought forth a replacement argument related to juvenile justice in Bharat. one among the suspect, as per police record and, in keeping with reports, the foremost aggressive of the ton World Health Organization brutalised the young lady , is also a minor of seventeen years.

In Bharat the sentencing and trial of juvenile offenders is remitted and ruled by the Juvenile Justice Act 2000. Section 15(1)(g) of the JJ Act mandates that a juvenile condemned of any offence area unit typically sentenced to a special home for a amount of 3 years, most and thenceforth be discharged on probation. because the suspect happens to be a juvenile the utmost time that he shall serve is 3 years or 1095 days in an exceedingly special rehabilitation home.

The biggest reason for our current system is that the supposed rehabilitation of the offenders. A glimpse of this may be found at intervals the rechristening of the word wrongdoer to 'Juvenile in conflict with the law'. however there is no logical or scientific reason that shows that total and complete rehabilitation area unit typically achieved by a delinquent/ offender/ kid in conflict with the law at intervals a most amount of 3 years. within the case of the Old Delhi raper, albeit one were to say that the boy should be restored that maybe the explanation for his barbaric and philosophical system act was a established psychological downside, there is no assurance that the issue area unit

typically self-addressed in 3 years. Of course, completely the shortage of implementation of the provisions of the JJ Act once a juvenile completes his sentence is another concern. India's huge population makes it not possible to trace and check that that a juvenile once discharged continues beside his medical care or even reports often to his parole officer. With this basic and simple truth it is a matter of easy calculation that altogether likelihood the Old Delhi raper shall get on the streets at intervals resultant 3 years that is 1095 days with nothing quite an stint throughout a special direct the name of absolute and complete Rehabilitation.

Thus the demand came up is that juvenile World Health Organization commits crime of this gravity mustn't be left to steer free once serving most of three years that too in special home.

In this background, the government of Bharat is currently considering re-enacting a replacement JJ Act, 2014, that a review committee has been recognised below the Ministry of ladies and kid Development. The baton has been passed on to Parliament to enact a replacement law.

The Bill seeks to realize the objectives of the international organisation Convention on the Rights of kids as legal by Bharat on Gregorian calendar month eleven, 1992. It specifies procedural safeguards in cases of children in conflict with law. It seeks to subsume challenges at intervals the prevailing Act like delays in adoption processes, high pendency of cases, answerability of establishments, etc. The Bill additional seeks to subsume kids at intervals the 16-18 people , in conflict with law, as Associate in Nursing hyperbolic incidence of crimes committed by them area unit rumored over the past few years.

The Bill defines a nestling as anyone however eighteen years aged . However, a special provision has been inserted for the probability of making an attempt 16-18 year olds committing atrocious offences, as adults. A atrocious offence is outlined along that the minimum penalization below the Indian codification is seven years.

The Bill states that one or additional JJBs to be recognised, for every district, for managing kids in conflict with law. JJBs area unit composed of a Metropolitan or Judicial judge and 2 social staff, one amongst whom shall be a woman .

Powers and responsibilities of the JJBs include:
  1. making certain legal aid for a kid;
  2. adjudicating and removing cases related to kids in conflict with law;
  3. conducting regular review of adult jails to create positive no child is lodged in such jails and different review visits and;
  4. conducting review visits of residential facilities for such kids.

Other provisions within the Bill are:
  • Children's Court:
    A Children's Court is also a Court established below the Commissions for canopy of child Rights Act, 2005 or a Special Court below the Protection of children from Sexual Offences Act, 2012. it'll strive 16-18 year olds that commit atrocious offences, once confirming that they are work be tried as adults. It ensures that a nestling in conflict with law is shipped to a region of safety till he attains the age of twenty one years, once that he is transferred to a jail. throughout the child's keep at intervals the place of safety, helpful services like counsel, etc. shall be provided. The Court shall guarantee periodic follow up reports by District kid Protection Units.
  • Kid Welfare Committees (CWCs):
    States shall represent one or additional CWCs for each district for handling kids in want of care and protection.
    The powers and responsibilities of a CWC include:
    1. conducting inquiries;
    2. choosing registered establishments for the situation of a nestling and;
    3. addressing orphans, abandoned kids, relinquished kids and sexually abused kids, etc.
  • Special Juvenile Police Units (SJPU) and kid Welfare Police Officers:
    Associate in Nursing SJPU area unit about to be established in every district, consisting of a peace officer and 2 social staff. One kid Welfare peace officer area unit about to be gift in each station.


Prospective adoptive oldsters should be willing. one or unmarried person can also adopt, however one male cannot adopt a lady kid. oldsters should be physically work, financially sound, and mentally alert and intended to adopt. rules relating to adoption shall be framed by the Central Adoption Resource Authority.

Any official, United Nations agency doesn't report Associate in Nursing abandoned or orphan kid inside twenty four hours, is vulnerable to imprisonment up to 6 months or fine of Rs ten,000 or each. The penalty for non-registration of kid care establishments is imprisonment up to 1 year or fine of 1 100000 rupees, or both. The penalty for giving a baby intoxicating liquor, narcotic or mind-bending substances is imprisonment up to seven years or fine of 1 100000 rupees, or both.

The draft Bill so provides a comprehensive mechanism to handle youngsters in conflict with law similarly as youngsters United Nations agency ar in would like of care and protection. However, solely a rigorous implementation will offer a purposeful disposition to create it a real letter of law.

Thus the development of the juvenile justice system could be a gradual method, which needs intensive and continual follow-up similarly as semipermanent commitment instead of a series of 'ad hoc' exercises and 'knee-jerk' responses. coaching programs ought to be supported democratic techniques that promote sensitization and activity changes among the varied stakeholders chargeable for the operating of the juvenile justice system. coaching conjointly creates opportunities for stakeholders to act amongst themselves and acquire a more robust understanding of the constraints and bottlenecks at numerous levels.

It is important for the authorities concerned within the juvenile justice system to make effective partnerships with civil society. Non-Governmental Organisations (NGO's) have the capability to produce community-based life-skills programs, 'group counseling', community work opportunities, and open 'custody cluster homes' for kids in conflict with law. Voluntary sector organisations will therefore facilitate the governmental agencies to engineer a considerable shift towards non-custodial alternatives for corrective measures involving juveniles.

"The heinous nature of the crime. The cover-up afterwards. The denial. They were all, to me, earmarks of someone who was acting as an adult."-Gary Gambardella55 The above quote summarises the methodology adopted to hoodwink the Indian criminal system by hardcore criminals. The lax provisions of the juvenile justice act like a window of opportunity which can be exploited to the fullest.

Section 16 of the JJ Act lays down provisions for orders that may be passed regarding a juvenile, wherein the maximum penalty a juvenile has to pay is to remain in the observation home for three years or till he attains the age of twenty-one. In Bhoop Ram v. state of UP, 56 although the Supreme Court found that the accused had in fact committed the offence but had to quash the sentence as the accused was already twentyeight years of age and could not be sent to an observation home.

Arnit Das v. State of Bihar
has been a highly controversial case and has been criticised to the core but the court seems have to have taken a contrary view from the previous case because it appears to have entertained similar apprehensions of persons evading juvenile justice action till they turn 50 years of age57. The problem with this decision was that it set the same yardstick for everyone - whether a serial criminal or a petty offender.

So, an amendment in the existing act is definitely necessary in order to thwart any attack on the nation. Apart from terrorists taking advantage of the lacuna in the system, serious crimes like rapes and murders also go unpunished with the offender wearing the garb of juvenility. The legislators of the country have their task cut up as they need to work out a middle path that takes the country's and society's interest into account but does not go to extremes like in the case of Arnit Das.

The response to juvenile crime has to be fair, age-appropriate and reflective of an understanding of developmental psychology. Any amendment to existing law requires in-depth understanding of the jurisprudence, philosophy and impact of the current law. It needs to be facilitated through intense and participatory consultative processes that first build consensus on key policy questions.

In the absence of empirical and evidence-based studies, altering the position with respect to age of a juvenile, that is well entrenched in international human rights law as well as our domestic legal framework, will be an inappropriate and regressive response. Amending the JJ Act, as a reaction to the countrywide outrage against one juvenile will set a dangerous trend and may affect hundreds of adolescents who are currently entitled to the juvenile focused reform and rehabilitative services envisioned in the law that is currently in force.

It will also violate the legal obligations arising from the Constitution, the recommendations of the Justice J. S. Verma Committee, and the universal standards enshrined in the UN Convention on the Rights of the Child. The nation needs to re- dedicate itself to investing in such juveniles, to reform and rehabilitate them into the community with dignity.

A number of countries around the world are moving away from policies of deterrence to that of restorative and reformative justice. India has a fairly progressive law grounded in universally recognized principles and approaches. The way forward should therefore be to demonstrate that the reformative/rehabilitative/ model does work, and that as a country with one of the best constitutions in the world, and a wealth society deserve no less.

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