INTRODUCTION
Every child is a gift of God born to the world for a purpose. Children are born innocent, but due to undesirable surrounding and various factors they adopt a harmful behaviour. There are many factors for a Child’s delinquent behaviour, like
- Family factors: Due to lack of proper parental supervision and weak attachment between the child and the parents, child engages in destructive activities.
- Mental factors: Due to uncontrolled aggression and mental disturbances a child may indulge in harmful activities.
- Drug factors: Now a days Children are easily prone to drugs which makes them incapable to differentiate between right and wrong and they commit illegal activities.
- Other factors: Lack of proper education, child abuse, bad companionship also makes them to adopt delinquent behaviour.
WHAT IS JUVENILE DELINQUENCY?
Juvenile Delinquency refers to the participation of a child in antisocial activities violating the law. According to section 2(35) of Juvenile Justice Act of 2015 “Juvenile” means a child below the age of eighteen years.
WHY DO WE NEED JUVENILE JUSTICE BOARD?
Juvenile Delinquency refers to the participation of a child in antisocial activities violating the law. According to section 2(35) of Juvenile Justice Act of 2015 “Juvenile” means a child below the age of eighteen years.
WHY DO WE NEED JUVENILE JUSTICE BOARD?
India has the world’s largest youth population and our Government too gives highest priority for their protection and upliftment, so the Indian Constitution has formed the Juvenile Justice Board to reform the delinquent juveniles. Juvenile Justice Board aims at providing care and protection to the juveniles and takes utmost steps to provide a desirable environment so as to avoid further criminal activities by the juveniles. It provides a series of effective services in order to reduce recidivism among juveniles. Instead of punishing them for the criminal activity Juvenile Justice Board acts as a rehabilitation centre by teaching them skills to earn and survive and also to mentally tackle the doubtful views of general public and educate them too. The Juvenile Justice Board assumes that a child offender is a outcome of unfavourable environment and is allowed to get a chance to start a new life.
JUVENILE DELINQUENCY AND ITS LEGALITY
A child under ten years is said to be doli incapax, that is incapable of committing crime, but people with criminal intent use children as a tool by manipulating them and the young minds get habituated too, since there needs are attained. Juvenile Justice Board makes the young offenders to repent than to punish them. But the gruesome incident of “Nirbhaya Delhi Gang Rape Case” in which a 23 year old girl was gang raped by six including a juvenile in a moving bus and was thrown out of the bus on December 12, 2016, she made 2 police statement in the hospital and died on 29 December 2017 in a Singapore hospital. Four of the accused were hanged and one committed suicide in the cell and the juvenile was sent to special home for 3 years. This made the whole Nation stunned and was debatable because of the involvement of accused, who was six months less to attain the age of 18. This frightful incident indulging a minor made the Indian Legislation to replace the existing Juvenile law with Juvenile Justice (Care and Protection of Children) Act, 2015 with remarkable changes, one of the changes is, Juvenile under the age group of 16 to 18 years to be tried as adults.
When a juvenile can be tried as an adult
The act has introduced the concept of 3 categories of offences,
1. Petty offences: These offences include the offences under Indian Penal code leading to imprisonment upto 3 years.
2. Serious offences: These offences include offences under IPC leading to imprisonment upto 3-7 years.
3. Heinous offences: These offences include offences under IPC leading to imprisonment upto 7 or more.
“Coimbatore 11 year old girl sexually assaulted by teens case”: Three boys aged between 15 and 16 forced a 11 year old girl to watch pornography video and sexually assaulted her. The girl’s father lodged a complaint after which the Podanur police registered a case under section 5 and 6 of POCSO ACT against the 3 teens and produced before Juvenile Justice Board which sent them to observation home.
“Delhi High Court bomb blast case”: six accused including a juvenile were responsible for the blast that took place on 7 September 2011 at gate number 5 of the High Court leading to 15 deaths and 79 injured. The National Investigation Agency (NIA) claimed that the minor was responsible to send an email to media houses accepting the responsibility for the blast and also threatening to cause more blasts at other courts including The Supreme Court, if Afzal Guru [prime accused in the 2001 Parliament House attack] was hanged. He was also found guilty of offences under IPC and Explosive Substances Act. Juvenile Justice Board ordered to send him to special home for 3 years.
“Pradyuman case”: A 7 year old boy, Pradyuman was found in a pool of blood with throat cut inside a bathroom of his school premises on 8 September 2017. The police arrested one Ashok Kumar, the school bus conductor on suspicion, later it was found and evident that a class 11 student of the same school has murdered the innocent to postpone the parent-teacher meet and the examination. The Juvenile Justice Board decided to treat the 16.5 years old juvenile as an adult and ordered to send him to correction home till the age of 21 and then to put behind the bars upto 10-14 years in case of conviction.
CONCLUSION
Juvenile delinquency is not because of undesirable conditions and bad companionship but also because of child abuse which makes them react in such a way which is harmful to both society and the child. We, the society is also much responsible to eradicate child abuse in order to prevent juvenile delinquency. According to National Crime Record Bureau data, the juvenile crimes has been increased tremendously, so it is important to identify the causes of juvenile delinquency like Family, law enforcement agencies and the society is responsible to identify the causes in order to prevent juvenile delinquency and also to help them to overcome mental and emotional ailment by effective counselling. Since prevention is better than cure, it is the prime duty of the family to give pleasant atmosphere to grow.
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ReplyDeleteVery very good
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