Juvenile Justice

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Juvenile Justice

• Dr.N.Prabhudev
• Vice Chancellor
• Bangalore University

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• 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.

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• "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.

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• Childrens 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.

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• 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.

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• 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.

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• 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.

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• Ban on Trial by Media imposed by Juvenile Justice
• 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 4, titled BOY SHOOTS FRIEND OVER TV
  REMOTE. It reveals the age, name and address of
  the juvenile in question.

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• Its 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.

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• 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 DelinquentRuzbeh N.
  Bharucha

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• 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
  juvenile IF THE BAIL IS DENIED, THEN THE
  JUVENILE IS KEPT IN AN OBSERVATION HOME. AN
  OBSERVATION HOME,IMPLIES, THAT THE CHILD IS KEPT
  IN JUDICIAL CUSTODY

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• 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 family.
• Some of the crucial areas requiring attention are
  as follows
• 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

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• 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?

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• 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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• THANK YOU!