CHILD FRIENDLY JUSTICE AND JUVENILE JUSTICE SYSTEM OF INDIA

By: Vibhuti Rao, Law student, Symbiosis Law School, Noida

 Introduction

Children need love even they do not deserve to reform the society and have a positive future for the society.

Child friendly justice is an abstract and theoretical concept that is still evolving growing in order to better complement and review sound laws, policies and practices. There is always more than more definitive way of dealing with problems faced by children in the justice system. It aims at providing a variety of methods and strategies that can be used effectively to adapt a legal proceeding with respect to a particular case of a child. 

There are 472 million children in India under the age of 18 years which constitutes 39% of the country’s total population. Children are under a vast number of threats in the society including child labour and trafficking. The mandate of the State is to make sure their laws and policies are in accordance with the Child Rights perspectives as enshrined in the Indian Constitution and the UN Convention on the Rights of the Child, 1989. It is a government priority to ensure that highest degree of focus is granted to rights and protection of children in accordance with the prescribed laws of the country. 

  1. Meaning and features of efficient ‘Child Friendly Justice’

Justice is a universal concept and every individual irrespective of their gender, age or nationality are deserving of it. A child friendly justice system uniquely takes notice and care of children who come in conflict with the law as victims of exploitation, neglect and social and economic hardship. 

Child friendly justice has ought to have features that makes it efficient and accessible. There include it being age appropriate and case specific. It is required to be delivered in a speedy manner yet judiciously in the best manner possible. Justice must be diligent and adapted to the best interests of the needs of the child. In every situation, utmost importance and respect has to be given to the due process prescribed by the legislation in that jurisdiction which makes it fool proof and unquestionable. The child’s right to participate in and to understand the proceedings are to be respected and taken care of and age barrier cannot be held as a hindrance in the same. Due respect has to be given to the integrity and dignity of the child and their right to private and family life which is of supreme importance.

  1.  Evolution of Juvenile justice system in India 

It is considered that children are born innocent but on lack of care they rightfully deserve and proper guidance in a negative social environment, they resort to unethical practices to sustain themselves and his mind is enticed in the direction of criminal tendency. Children have been and always be an asset and treasure for the healthy future of a nation and hence they ought to be given and bred in such a fruitful environment to imbibe the required qualities and abilities. 

Children were young adults in the eyes of the law before the nineteenth century and were tried as an adult in court. Individuals over the age of seven who had been accused of crimes were sent to proper adult jails which instead of promoting reformation further exposed them to the world of gory crimes. Taking into account this crucial aspect, several reform schools were developed and were recognised as beings who were not as mature as adults and have the potential to be reformed into better human beings. 

After the presentation of the United Nations standard least guideline for organization of adolescent equity in 1985, the meaning of an adolescent was explained and how he ought to be treated in a positive way under the individual general set of laws. It expressed that time of criminal obligation of an adolescent still up in the air base on their enthusiastic, scholarly and mental respectability. From 1990s a few areas received the substantial arrangement of adolescent equity and executed it.

1.4. Legal provisions on Juvenile justice system in India

A child who is under 18 years of age and commits an offence is considered to be “a child in conflict with law” and the other category includes children who are “in need of care and protection,” as defined in Section 14 of the Juvenile (Care and Protection) Act, 2015. 

Children Act, 1960, Section 2(e) of the Act states “child” means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years. United Nations Convention: The UN Convention on the Rights of Child, 1989 defines that “child” means a human being below the age of eighteen years unless the law declaration applicable to child, majority is attained earlier. 

An individual under the period of full lawful commitment and obligation is a minor or an individual who is underneath the legitimate age of eighteen years is minor. A youngster being blamed for a wrongdoing isn’t attempted as a grown-up and is shipped off the Child Care Center while adolescent is an individual between the age gathering of sixteen and eighteen years. A youngster who is been blamed for wrongdoing is an adolescent wrongdoer and is investigated as grown-up in court procedures. 

Overall sense both the term has same importance yet anyway contrast lies in setting of suggestions according to law. Minor infers youthful and high schooler people while adolescent either shows juvenile individual or youthful guilty parties.

1.5. Concept of Child Delinquency and its prevention

Wrongdoing is a demonstration or oversight of a demonstration or conduct of an adolescent which is considered to be unsuitable in a general public and when such a conduct is performed, the individual is viewed as delinquent and requires lawful consideration. It originates from the agreement that these youngsters have been deserted or passed on to their dissatisfied conditions and enjoy unsafe and criminal operations to support themselves. It is a conduct issue which is typically characterized as a youngster attempting or professing to grow up and behaving like a grown-up t suit his own particular manners. Social demonstrations of youngsters in the general public which are an oddball for their age and fall under the classification of adolescent misconduct. The approaches to forestall, control or contain it incorporate opportune mediations, steady certain mindfulness, reorganization methods to direct the youngster in a superior all the more socially satisfactory and productive bearing.

1.6. International and National conventions and rules on Rights of Child

The very first and most debatable question among the legal fraternity and socialists is the “claim of juvenility”. The claim of Juvenility is to be decided by Juvenile Justice Board. The Board had to consider Rule 12 of the Juvenile Justice Rules, 2007 in order to determine the claim of juvenility. In case of KulaiIbrahim v. State of Coimbatore it was observed by the Court that accused has right to raise the question of juvenility at any point of time during trial or even after the disposal of the case under the Section 9 of Juvenile Justice Act, 2015.

The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation. 

Suggestions

A comprehensive and dedicated approach ensuring positive reformation of children is required to transform them into the strong forces of tomorrow and bring a fresh outlook. Vocational training and institutional education have the potential to reform students effectively. 

Conclusion

Wrongdoing is simply not a wrong restricted under a rule. It is an off-base that researchers have characterized as ethically unforgivable, and causing harm far past the person in question. That is the motivation behind why wrongdoing is focussed on as a wrong against state. While managing the blamed for these violations, we take a gander at individuals who explicitly proceed with resisting the authority of law as well as harming the steadiness of the general public. These infringements are not limited to any gathering, all things considered, be it age, class, sex or some other characterization. Consistently, through different violations, we have seen that a criminal needs to gathering to stay by, no arrangement to contrast him from, it’s simply him and his demonstration. 

References

Banerjee, Dibakar. “Legal Service India – Law Articles – Legal Resources.” Legalserviceindia.com, Legal Service India, 4 July 2020, http://www.legalserviceindia.com/legal/author-6065-dibakar-banerjee.html. Accessed 4 Aug. 2021.

IRALR. “JUVENILE JUSTICE SYSTEM in INDIA- a CRITICAL ANALYSIS.” Indian Review of Adv, IRALR, 17 Sept. 2020, http://www.iralr.in/post/juvenile-justice-system-in-india-a-critical-analysis.

Child Development, Ministry of Women. “Home | Ministry of Women & Child Development | GoI.” Wcd.nic.in, Dept. of Women and Child Development, 2019, wcd.nic.in/.

Editor. “Juvenile Justice System in India and the Mental Health of Juveniles.” SCC Blog, SCC, 5 June 2021, http://www.scconline.com/blog/post/2021/06/05/juvenile-justice-system/. Accessed 4 Aug. 2021.

Jain, Rajul. “Determination of Juvenility under Juvenile Justice (Care and Protection of Children) Act, 2000- a Discussion and Procedure Prescribed by Supreme Court | National Legal Research Desk.” Nlrd.org, 7 Jan. 2013, nlrd.org/determination-of-juvenility-under-juvenile-justice-care-and-protection-of-children-act-2000-a-discussion-and-procedure-prescribed-by-supreme-court/. Accessed 4 Aug. 2021

Jain, Rajul. “Determination of Juvenility under Juvenile Justice (Care and Protection of Children) Act, 2000- a Discussion and Procedure Prescribed by Supreme Court | National Legal Research Desk.” Nlrd.org, 7 Jan. 2013, nlrd.org/determination-of-juvenility-under-juvenile-justice-care-and-protection-of-children-act-2000-a-discussion-and-procedure-prescribed-by-supreme-court/. Accessed 4 Aug. 2021

Child Rights International Network: CRIN 

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