Juvenile Justice by K5DWvQV7


									Juvenile Justice

  Vice Chancellor
Bangalore University
               Youth Makes a Nation
• Joe E. Lewis said: “You are young only once,
  and if you work it right, once is enough”.
• It is important to note that the priceless
  resource of any country is its human resource.
  There is no other resource that matches the
  human being, because mankind is the
  foundation or the corner stone of any
  development and civilization. Out of the human
  intellect a nation is built.
• "Youth are not only the leaders of tomorrow,
  but also the partners of today. ’’
  As scholars have stated, "time is not
  evaluated by what has been harvested, but
  what has been planted". The government and
  society at large have equal responsibility to
  provide the youth with suitable grounds and
  thereby bringing about a matured and
  responsible population for the coming
  generation to lead a better life.
• Children’s rights require special protection and
  call for continuous improvement of the situation
  of children all over the world, as well as for their
  development and education in conditions of
  peace and security, profoundly concerned that
  the situation of children in many parts of the
  world remains critical as a result of inadequate
  social conditions, natural disasters, armed
  conflicts, exploitation, illiteracy, hunger and
  disability, and convinced that urgent and
  effective national and international action is
  called for.
• A staggering 30 million children in India
  belonged to families living in conditions of
  extreme distress and deprivation. Violence
  against girls, child labor, children living on the
  streets, trafficking, violence in schools and
  violence in conflict situations have all been
  reportedly on the rise. The need for specific
  instrumentality for children stems from these
  pressing situations.
                     Flawed Approach
• The juvenile justice system in India is an offshoot of
  the criminal justice system. Because of this, its
  approach towards children has always been marked
  by the tension between the protective approach of
  juvenile justice and the traditional approach of dealing
  with crime.
• The basic idea of juvenile justice was to reintegrate
  the child into family and society. This needs a proper
  network of rehabilitation and after care services.
  Unfortunately, this arrangement is almost nonexistent..
• The current juvenile justice policy does not have a
  preventive approach. The delinquency prone
  situations are increasing but there is no substantial
  mechanism to check it.
• Juvenile Justice Act 1986 is the primary
  legal framework for juvenile justice in India.
  The act provides for a special approach
  towards the prevention and treatment of
  juvenile delinquency and provides a
  framework for the protection, treatment and
  rehabilitation of children in the purview of the
  juvenile justice system. The law replaced the
  Children Act, 1960. The Juvenile Justice Bill
  was first introduced in the Lok Sabha on 22
  August 1986. This act was amended in 2000
  and is now known as the Juvenile Justice
  (Care and Protection) Act.
     Ban on Trial by Media imposed by Juvenile
• Indian Media remembers Lippmann quote that
  there can be no higher law in journalism than to
  tell the truth and to shame the devil but forgets
  Section 21 of Juvenile Justice Act which is
  inspired by the UNCRC-United Nations
  Convention on the Rights of the Child is a good law.
  It has a specific provision that bans trial by media.
  However, on 03/06/2009, a news item appeared in
  the New Delhi Edition of The Times of India on page
  REMOTE”. It reveals the age, name and address of
  the juvenile in question.
• It’s high time for the National Commission for
  Protection of Child Rights (NCPCR) to act as we
  attach immense importance to the rule of law
  and the right to fair trial, with special emphasis
  with regards to juveniles in conflict with law.

• In fact, since 02/06/07, the media has been
  extensively covering and sensationalizing the
  case of a nine-year-old juvenile who has
  allegedly killed three children in the past one
  year. The press has branded him as a 'serial
  killer'; it has gone to the extent of publishing his
  photograph with such news items along with the
  name of his village.
• The press has grossly disregarded Section 21 of
  the Juvenile Justice Act, 2006 enacted by the
  Government of India which prohibits publication of
  the name, address or any other particulars
  calculated to lead to the identification of the
  juvenile. The said provision also prohibits
  publication of the juvenile's picture. However, only
  if the enquiring authority in the interest of the
  juvenile permits such disclosure in writing, then the
  press is justified in publishing such news.

• If children are created in the image of God, then...
  My God is a Juvenile Delinquent…Ruzbeh N.
          Bail is a right, not a prerogative
• Every juvenile in conflict with law in entitled to be
  released on bail, irrespective of whether the
  alleged conflict with law is bailable or nonbailable
  in the CrPC.. Bail can only be denied if there is
  substantial reason to believe that

• After release: the juvenile is likely to get
  associated with a known criminal; or there is
  moral, physical and psychological danger to the
               Adoption under Juvenile Justice Act

• Adoption can be a most beautiful solution not only for
  childless couples and single people but also for
  homeless children. It enables a parent-child relationship
  to be established between persons not biologically
  related. It is defined as a process by which people take a
  child not born to them and raises it as a member of their

Some of the crucial areas requiring attention are as
• Better coordination among key players
• Strict enforcement
• Long drawn repatriation process.
• Cross Border Trafficking
• Need for a Protocol
• The Bonded Labour System (Abolition) Act, 1976
Rehabilitation Plan:.
• 1. The educational rehabilitation for the child and
• 2. Economic rehabilitation for the family

   It is essential to ensure that young people are
  provided the avenues to involve themselves in
  nation-building activities. There is the National
  Cadet Corps (NCC), there is the National Service
  Scheme (NSS) with 5000 national service
  volunteers deployed round the country. But why
  isn't it a million, given the employment issues, the
  community needs? Why not mobilise young people
  to really address this?
There are very strong traditions, Gandhian
 traditions, just to name one, religious
 traditions, the sense of generosity that
 could easily be built on in terms of
 creating large scale programmes . The
 immediate aim should be to raise the
 membership of the NSS and the NCC, at
 the minimum to a million each to create
 awareness of civic responsibilities and
 bring about social regeneration.

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