What types of juvenile punishment can be prove most effective at preventing future crimes?
Ayushi Dwivedi
The Author of the blog is a Law Student, FIMT, New Delhi
“Juvenile crime is not
naturally born in the boy, but is largely due either to the spirit of adventure
that is in him, to his own stupidity, or to his lack of discipline, according
to the nature of the individual”
--Robert
Baden-Powell
What
is Juvenile?
Juvenile is basically the minor age
child who is not mature enough to understand properly the effects and side
effects of the acts done or committed. It is taught earlier that those
candidates who were got addicted or have done something wrong should have given
at least a chance to improve themselves in order to live a peaceful life ahead.
What
is Justice?
Justice means the maintenance or
administration of what is just especially by the impartial adjustment of
conflicting claims or the assignment of merited rewards or punishments.This
basically called the platform for aggrieved party to reach the places of fair
and equity bound decision in order to resolve dispute.
What
is altogether the juvenile justice means?
Juvenile
justice means the category of justice including the rewards or punishments
which is appropriate for the young or minor criminals to get treated. It is
correctly said that if anyone is capable of committing any heinous offence then
that person should be treated equally likewise the other person who might be in
his place before or after. In the present era, the criminal laws of most of the
countries have already established the degree of committing the crime by the
minor who between the age of 16-18 years. They have adopted the principle of ‘doli incapex’[1]
which states that if the person who is doing any act and knowing that it is crime.
But, the phenomenon of giving any punishments to someone is to protect the
legal right of individual who will be treated first as a citizen then after it
the charges will get imposed on him to improve flaws in his personality and to
prevent the further crime with respect to the self-realization by the accused
as well in other words it can be called as rehabilitation.
What are the provisions for juveniles in India?
In
last few decades there is a vast increment noticed in the number of crimes
committed by the children of the age below 18 years and was mostly around 16
years. These crime consist of accuses who were really known about the facts of
the consequences of their particular act which they have committed. Considering
these facts there was already the demand to amend the laws and then degree of
crime should decide the way of trial for the minors who comes under the
criteria of 16-18 years of age. The heinous crimes committed by the minors of
the age 16-18 years should be tried as an adult. The increasing rate in the
commission of rapes and other heinous crimes by the minors leads to the change
in the Act. The frightful incident of “Nirbhaya
Delhi Gang Rape Case”[2]made
the public at large to rage against this incident. Many debates and new agendas
got started to change the present form of legal system in order to hang the
culprits till death. After the struggle of whole eight years reached its
destination where accuses got hanged till death on 20th March, 2020.
But this case became the root cause in changing the juvenile justice Act a bit
due to one of the minor accuse who was just only six months younger in
attaining the majority. The older act that is Justice Juvenile (Care and Protection of Child) Act, 2000 has now
changed to Juvenile Justice (Care and
Protection) Act, 2015 came upwith the new amended laws.
How the juvenility being decided by the court before
the trial?
The
“claim of juvenility”is the very
first and most debatable question among the jurists and socialist. The Juvenile
Justice Board has been made in order to identify or decide the age of the child
before the trial begins in the court. The Board has to consider the Rule 12 of the Juvenile Justice Rules, 2007
in order to determine the claim of juvenility.
In
reference to the case of Kulai Ibrahim v. State of Coimbatore[3]
it was observed by the court that accused has the 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 the Juvenile Justice Act, 2015.
In
the case of Arnit Das v. State of Bihar[4]
the Supreme Court overruled its decision of the case Krishna Bhagwan v. State of Bihar[5]
and held that date to decide in claim of juvenility should be the date on which
the accused is brought before the competent authority.
Juvenile Justice system in U.K and
U.S.A:
The
laws and procedure in both the countries are quite similar. Here in England the
primary duty of the court is to provide proper care and protection to the
juvenile. The courts make sure about the education and training of the minor
accuses. On the other hand, the working of the Juvenile courts in U.S.A is less
complex and easier as compared to the other nation. At the first instance the
police has the initial rights to what to do with the minor offender either they
arrest him and keep him in the child custody or release him. They have to the
juvenile courts about the case and further been decided after the trial that what
to do next with the minor accuse either it have been send to the certified schools
or to the Children homes after the order being passed.
According
to the juvenile justice system in U.S.A a juvenile can only be tried as an
adult in the cases where the age of the juvenile is close to the adulthood as
per the statutory provisions or any juvenile offender is found to be involved
in repeated offences and is proved danger to the society.
The
number of increasing criminal cases in India mostly done by the minor age
people should be kept in view by the Parliament and the judiciary. There is a
need to change more of the Juvenile Act provision. AS per prevalent laws it’s
been noticed that if any of the minor is involved in the crime with the other
major accuses then the lawyer or attorneys tries to keep the all fault on the
minor due to the less amount of punishment. These loopholes in the Act should
be managed and amended accordingly in order to provide fair and frequent justice.
[1]Section 82 of IPCstates
that a child below the age of seven years
is doli incapex.
[2] On December 16, 2012.
[3]AIR 2014 SC 2726
[4] AIR 2000 SC 748
[5] AIR 1989
I would like to thank you for the helpful information that you provided in your blog. Your insights into the field of Juvenile Justice were invaluable and have assisted me a lot in enhancing my knowledge about the subject.
ReplyDeleteThe increasing rates of juvenile crime in India is very concerning issue and need to be focused upon.
The present juvenile system in India is created on believe that juvenile offenders can be reformed and rehabilitated , sending them to bars or prisons will going to reaffirm their status and identity as “criminals”. Now the question arises is that there is no guarantee that juvenile offenders will get reformed and will not show their anti – social behavior again.
The act is totaling focusing on the reformation rather than penalization. Penalization will definitely will create a deterrent effect on the juvenile and increasing rate of crime by juvenile will slow down.
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 .Justice must be given to the victim. The theory of reformation is helping juvenile to reform but it is not helping the victim at all.