JUVENILE JUSTICE BOARD

Introduction:

In the last few decades, the crime rate by the children under the age of 16 years has increased. The reason of increasing crime rate is may be due to the upbringing environment of the child, economic conditions, lack of education and the parental care. These are the some of the basic reasons. And the most disappointing part is that, children (especially under the age group of 5 to 7 years) now a days are used as tool for committing the crime as at that this stage their mind is very innocent and can easily be manipulated.

The Introduction of the Act has replaced the existing juvenile laws and has introduced some remarkable changes. One of the remarkable changes is juvenile under the age group of 16 to 18 years should be tried as an adult.

The frightful incident of “Nirbhaya Delhi Gang Rape Case” on December 16, 2012 shocked the whole nation and many debates were started among legal fraternity and socialists. The main reason and issue of the debate was the involvement of accused, who was just six months short to attain the age of 18 years. The involvement of the accused in such a heinous crime of rape forced the Indian Legislation to introduce a new law and thus, Indian Parliament came up with a new law which is known as “Juvenile Justice (Care and Protection), 2015.

Definition of Child and Juvenile under the Juvenile Justice Act, 2015 and other various laws

Generally, a “child” means a person who has not attain the age of 18 years and is not mature to understand that what is right and wrong. In modern era, the penal laws of most countries have adopted the principle of ‘Doli Incapex’ “which means of knowing that act there are committing is a crime”.

The penal laws also state that Only child between the age of seven to twelve age can be convicted, provided that, the act they have committed is a heinous crime and they have knowledge and has attained the sufficient knowledge to understand the consequences of their act.

According to sub- section 12 of Section 2 of The Juvenile (Care and Protection) Act, 2015 a “child” means a person who has not completed eighteen years of age. The Act classifies the term “child” into two categories: –

“child in conflict with law”
“child in need of care and protection

The child who has committed an offence and he or she is under the age of 18 years on the date of commission of the offence is basically called as “ child in conflict with law”. The second sub – category is “ child in need of care and protection” means a child ad defined under Section 14 of the Act.

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.

Juvenile Justice Act, 2015

The aims to consolidate the laws relating to children alleged and found to be in conflict with law and children in need of care and protection by catering and considering their basic needs through proper care& protection , development, treatment , social- integration , by adopting a child friendly approach in the adjudication and disposal of matters in the best interest of children. The act also focuses on rehabilitation of juvenile offenders through various child care houses and institutions.

Juvenile Justice Board

There shall be a constitution of Board for the purpose of inquiry and hearing in the matters of juvenile in conflict with law.

The Board shall consist of Principal Magistrate and two social workers, among whom one should be a women. The Act provides that under no circumstances the Board can regulate and operate from regular court premises. The decision taken by the Principal Magistrate shall be final.

Special Procedure of Juvenile Justice Board:- The Act has provided the procedure against the juvenile offender .Following are the main special procedure –
The proceedings cannot be initiated on a complaint registered by the police or citizen
The hearing must be informal and should be strictly confidential.
The offenders should be kept under Observation Home after detention.
The trial of juvenile in conflict with law shall be conducted by lady Magistrate.
A child in conflict with law may be produced before an individual member of the Board, when Board is not sitting.

Juvenile Justice and Constitution of India

The Constitution of India is consider as the fundamental law of India. Constitution provides rights and duties of citizens. It also provides provision for the working of the government machineries. Constitution in Part III has provided Fundamental Rights for its citizens in the same manner in its Part IV it has provided Directive Principles of State Policies (DPSP) which acts as general guidelines in framing government policies. Constitution has provided some basic rights and provisions especially for the welfare of children.

Right to free and compulsory elementary education for all the children under the age of 6 to 14 years. (Article 21A)
Right to be protected from any hazardous employment under the age of fourteen age. (Article 24)
Right to be protected from being abused in any form by an adult. (Article 39(e)).
Right to be protected from human trafficking and forced bonded labor system. (Article (Article 39)
Right to be provided with good nutrition and proper standard of living. (Article 47)
Article 15(3) of the Constitution of India provides special powers to State to make any special laws for the upliftment and the betterment of children and women.

Therefore, the law makers while drafting the Juvenile Act, 2015 has consider all the necessary provisions laid down by the Constitution so that child’s rights are protected in all the possible ways.

Case laws :

1998 SCC, Del 879 : (1999) 77 DLT 181
Section 82 of IPC states that a child below the age of seven years is doli incapex.
Section 13 of The Juvenile Justice (Care and Protection of Children) Act,2015.
Section 14 of The Juvenile Justice (Care and Protection of Children) Act,2015.
AIR 2014 SC 2726.
Section 4 of Juvenile Justice (Care and Protection) Act, 2015
Section 4(2) of Juvenile Justice (Care and Protection) Act, 2015.
Section 5 of Juvenile Justice (Care and Protection) Act, 2015.
Section 7(2) 0f the Juvenile Justice( Care and Protection) Act, 2015.

Conclusion

The increasing rates of juvenile crime in India in very concerning issue and need to be focused upon. Although government has laid various legislation and rules to stop the incidents of juvenile crimes but the present laws on juveniles is not creating a deterrent effect on the juveniles and thus the results are not fruitful and legislative intent is not accomplishing.

References