• Team Lawtsapp



Minor or child means a person who has not completed eighteen years of age. Illegal 'juvenile' means a minor who has committed an offense. Called the Juvenile Justice Act, the Juvenile Justice Act is India's broadest law on child protection. The Act recognizes and recognizes the need for protection for both illegal children and children in need of care, thereby creating a new system for prosecuting children who have been convicted of a minor offense. Indicates that children in need of care include children who have been abused or exploited at various times. For example, a child rescued from a brothel has the opportunity to be brought before the Child Welfare Committee as a child in need of care. India's juvenile justice laws were enacted in the pre - independence era before these juvenile justice laws were enacted. Among them are the Madras Children's Act of 1920, the Bengal Children's Act of 1922 and the Bombay Children's Act of 1924. Subsequently, after independence, the states passed or enforced their children's laws. Since independence, constitutional provisions have inspired developments in the field of juvenile justice. Articles 3 and 4 of the Constitution deals with fundamental rights and the real principles of state policy, respectively.

Article 15 (3): Allowing the government to provide special provisions for children and women.

Article 23: Prohibits overcrowding and forced labour.

Article 24: Children under the age of 14 are prohibited from engaging in factories, mines and other hazardous occupations.

Article 39 (e): The Government is required to protect the young age of children from entering I jobs for jobs unsuitable for their age and strength but not for economic needs.

Article 39 (e) instructs the State to facilitate the healthy development of children and to protect them against the exploitation and moral and material abandonment of childhood and youth.

Article 45: The government wants to provide free and compulsory education to all children up to the age of 14 years.

Article 47: It is the duty of the government to improve the level of nutrition and living standards.

Going beyond that, the Central Government enacted the 1960 Children Act. Differences in the ages of girls and boys could be identified in different states, for example West Bengal has prescribed 18 years for girls and boys. Maharashtra has set an age limit of 18 years for girls and 16 years for boys. In the case of Sheela Barse vs Union of India (1986) SCC 632, the Supreme Court ruled in favour of the need for uniformity in the legislation of minors across the country. The 1986 Youth Justice Act was enacted by the Central Government to govern the country nationwide and the Children's Act was repealed, adopting the United Nations Minimum Rules.

Later it was stated that under the Juvenile Justice Act 1986, a minor means a boy under the age of 16 or a girl under the age of eighteen. The Government of India agreed to the Convention on the Rights of the Child on December 11, 1992, after which the Juvenile Justice Act was replaced by the Juvenile Justice Act 2000. The United Nations Convention on the Rights of the Child sets a uniform age limit of 18 years for boys and girls who are minors or children.

The bill was particularly influenced by the December 2012 Delhi gang-rape case, which had a profound effect on public opinion on the bill. One of the accused in the 2012 Delhi gang-rape was a few months under the age of 18 and was tried in a juvenile court under the Act. The Supreme Court of India heard eight writ petitions accusing the Act and its unconstitutionality and in July 2013 the Supreme Court dismissed the objections stating that the Act was unconstitutional.

The Supreme Court also rejected requests to reduce the age of minors from 18 to 16 years. On August 31, 2013, the case was remanded to the Juvenile Court, where he was sentenced to three years in prison. The victim's mother criticized the decision, saying the court would allow minors to commit similar crimes without punishing minors. In July 2014, Minister of Women and Child Development Maneka Gandhi stated that they were drafting such a law in view of the need for a new law that would allow minors over the age of one to be tried as adults. 50% of juvenile delinquencies are said to have been committed by young people who thought they could get away with it. He further stated that the law which allows for the trial of murderers and rapists as adults has the potential to change and intimidate them. This Bill was introduced in Parliament by Maneka Gandhi on 12th August 2014.

It was amended in the Lok Sabha on 07-05-2015 on 28-04-2015 after some amendments in the Cabinet. Here, the juvenile court examines the crime to see if it has been committed as a child or as an adult. Looking at the preamble of this bill, it is possible to further achieve its purpose.

“An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social reintegration, by adopting a child- friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided and institutions and bodies established, hereunder and for matters connected therewith or incidental thereto.”

It summarizes the activities of the Act and the purpose of the Act. It extends to the whole of India except the states of Jammu and Kashmir.

The first chapter sets out the definition clauses.

Article 2 of the Act refers to a "boy" who has not reached the age of 16 years or a girl who has not attained the age of 18 years. There are two categories of children in this Act. Neglected children and offended children are included. J.J According to 1986, the word "child" is not defined and is replaced by the word "minor".

According to Article 2 (9) of the Act, the welfare of the child means ensuring the fulfilment of the child's fundamental rights and physical, emotional and intellectual development in any decision made regarding the child.

Section 3 of the Juvenile Justice Act states the principles of child care and protection. Under Article 15, special provisions are made for children between the ages of 16-18 to commit serious crimes. After conducting the preliminary assessment, the Juvenile Court is given the opportunity to transfer cases of serious crimes committed by such children to a Juvenile Court (Sessions Court). Provisions have been made to keep children up to the age of 21 in a 'safe place' during and after the trial, after which the child must be evaluated by a juvenile court. After the assessment, the child is released on probation, and if the child is not rehabilitated, the child is sent to prison for the remainder of the period. The law will prevent juvenile offenders from committing heinous crimes such as rape and murder and will protect the rights of the victim.

Sections 27 to 30 of the 2015 Act explain the various aspects of the Child Welfare Committee and its role. Provisions 40 to 55 deal with Rehabilitation and Social Reorganization.

Furthermore, a separate Chapter on Adoption (VIII) outlines detailed provisions on adoption and punishment. As a special feature of the Act, the definition of 'child in need of care and protection' has been expanded and the definition under the new Act now includes a working child in violation of labour laws.

Special provisions can be made for juvenile offenders through this Act. Priority is given to interstate adoption, mainly for children with disabilities. Further, any child abandoned by the parents due to unavoidable circumstances is not considered a wilful abandonment of the child. This Act allows the Juvenile Court, which includes psychologists and sociologists, to decide whether juvenile offenders between the ages of 16 and 18 should be tried as adults. Today a new clause is added for a fair trial under which the special needs of the child are explored. Further, the records of any convict will be destroyed after the expiry of the appeal, except in the case of serious offenses. Special cases as well as problematic cases can be identified in this Act i.e. there does not appear to be a flexible procedure for sentencing here.

There is no logical reason to show that a child can be fully and completely rehabilitated for a maximum of 3 years as an offender.

Suggestions that can be made to this Act

Enforcement of the Juvenile Justice Act should be strictly enforced. There should be no common juvenile in India for every crime. The system can be set up according to the United States, United Kingdom and France to classify and divide the juvenile justice system into different age groups. Every juvenile court must work with local child welfare organizations to improve the effectiveness and productivity of providing shelter to abused and neglected children. The juvenile case should not be transferred to the adult court. The law can be made by examining the possibility of creating a non-judicial youth justice system

Sri Lankan law on juvenile delinquency

Provisions for the administration of justice to children are recognized by the Constitution, and Article 12 (4) does not preclude any provision of this Article by law, formal legislation or executive action. That includes children, women and people with disabilities. This stability is also confirmed by government policies. Sri Lanka has followed international guidelines and adopted the concept of juvenile justice in the country. A notable element of the national legislation governing this aspect is the Child and Youth Aid Act No. 48 of 1939.

The Act provides for the establishment of juvenile courts, the supervision of juvenile offenders and the protection of children and youth and others involved. In Sri Lanka, a person under the age of 18 is considered a child under the Penal Code.

They also acknowledge that women cannot be raped, but in other respects the definition of child is a contextually different concept of child. This is due to the fact that the situation is different today than in previous generations, for example, the illicit drug trade in the underworld, the sexual abuse, the tourism industry, the jobs associated with jobs, etc. South African approach to modern Roman Dutch law here are two important ideas that arise about children. In the pre-1965 period the court looked at the child with some sympathetic approach, considering that the curiosity that might arise with his youth might be mistaken for something else. There, a separate criterion was considered for the child's standard in connection with the judgment of Jones vs Santam BPK (1965) 2 SA 542, it was stated that the standard of care for a child should not change after 1965. That is, considered from an adult standpoint.

There is a clear difference between considering a child's situation and the child's actions from an adult's point of view, so such a situation can be unfair to a child. That is to say, although there is no separate law or law on juvenile delinquency under Sri Lankan law, it is clear that it addresses a number of laws, including the Penal Code.

AUTHOR: B.N.S. Basnayaka

(Faculty of Law, University of Colombo, Sri Lanka)

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