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CHANGING PHASES OF JUVENILE JUSTICE SYSTEM

IN INDIA ISSUES AND CHALLENGES


A dissertation to be submitted in partial fulfillment of the
requirement for the award of degree of master of laws

INSTITUTE OF LEGAL STUDIES:


Session:- 2015-2016
SHRI RAMSWAROOP MEMORIAL UNIVERSITY,
DEVA ROAD, BARABANKI
Under supervision of:
Dr. SUDHIR AWASTHI
Dean
Institute of legal studies

SUMMITED BY
ANUMESH MISHRA
LL.M. SECOND SEM.
(CRIMINOLOGY)
ROLL NO.201510301010016

TENETATIVE CHAPTERISATION
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Introduction
Juvenile justice system a comparative study of U.K, U.S.A and INDIA
Law relating juvenile justice system in INDIA
Judicial trend regarding juvenile justice system
Conclusion and suggestions

OBJECTIVES OF JUVENILE JUSTICE SYSTEM


1 To ensured by establishing juvenile welfare boards and juvenile courts for juvenile, not jail.
2- To establish observation homes, juvenile homes for neglected juvenile and special homes for
delinquent juveniles.
3- To constitute special offences in relation to juveniles and provide for punishment.
4- To constitute better criminal justice system for juvenile and care, treatment and rehabilitation.

RESERCH MATHODOLOGY
My attempt has been made to study and analysis of the writings that has a bearing on the subject
under taken for study. Further, more emphasis has been laid on the case law that has been
decided by supreme court and high courts of different states. I have been adopted doctrinal
approach. To the possible extent every aspect of the juvenile justice system in India and
Legislative, judicial approach has been analyzed.

INTRODUCTION
Present time the problem of juvenile justice is no doubt one of tragic human interest so much so
in fact that it is not only confined to this country alone but cuts across national boundaries.
Juvenile delinquency law are characterized by denature that they prescribe many acts which are
regarded as non-criminal if indulged in by elder persons like drinking, smoking, viewing adult
films or reading adult literature, etc.
A child is born innocent and if nurtured with tender care and attention, then he/she grows in
positive way. Physical, mental, moral and spiritual development of the children makes them
capable of realizing his/her fullest potential. On the contrary, harmful surroundings, negligence
of basic needs, wrong company and other abuses may turn a child to a delinquent. With changing
societal trends, children now appear to possess strong likes and dislikes and also show
expressions that indicate maturity at a very early age. These qualities also make children more
vulnerable to the design of the criminality such as abusers, peddlers, and traffickers. Moreover,
the influence of the media on the psychosocial development of children is profound. With advent
of communication technology in recent times, a childs exposure to media including television,
radio, music, video games and the internet, has increased manifold.
The extension of the concept of juvenile delinquency to wider limits has drawn adverse criticism
on the ground that it is neither necessary nor desirable to use police and courts in private matters
which can be well tackled by family themselves.

JUVENILE DELINQUENCY
The word juvenile has been derived from the Latin term juvenis, which means young and
etymologically, and the word delinquency has been derived from the Latin word delinquerwhich
means to omit. In the year 1484, William Coxton used the word delinquent to describe a person
who was found guilty. Juvenile delinquency refers to the involvement by the teenagers in an
unlawful behavior who is usually under the age of 18 and commits an act which is against the
law and which would be considered as a crime. A child is known as a delinquent when he/she
commits a mistake which is against the law and which is not accepted by the society. Thus a
Juvenile or child means a person who has not completed eighteenth years of age and violates
the law and commits an offence under the legal age of maturity.

FAMILY AND ENVIRONMENT VARIABLES


The anti-social behavior may be a part of growing up or the beginning up of a long-term pattern
of the criminal activity. The peer groups play an important in the construction of delinquent
behavior. A child is a part of society in which he lives and due to his immaturity, he is easily
motivated by what he sees around him. It is his environment and social context that provokes his
actions. It is also seen that children in urban and semi-urban areas who belong to middle class
families are found more prone to crimes such as theft, rape, and murder and this happens because
there absence of proper environment both within a family as well as in a community level. In
such situation parents fail to a proper guidance. Due to the lack of moral education at the family
level and as well as life skill education, high dropout rate in poor and tribal families have
contributed to the increase in the number of delinquency among children.

OBSERVATION HOMES
Observation Home is intended for the temporary reception of any juvenile in conflict with law
during the pendency of any inquiry against him/her. The children who are under the age of 18
years are admitted in this home by the police. The state government provides various types of
services in the observation home for the rehabilitation and social integration of these juveniles. A
child who has committed a crime or an offence and is not placed under the charge of guardian or
a parent then he/she is initially sent to an observation home where they are kept and are provided
with proper mental and physical care according to their different age groups. The main aim of the
observation home is to bring the best interest of the child for the example right to education,
right to protection, right to survival, and right to participation.

SPECIAL HOMES
There is another institution which is called as a special home which is established under an
agreement with the voluntary organization. When a child is found guilty and is declared
convicted then he/she is given a three years of conviction and thus is sent to the special home.
For the re-socialization of a juvenile various types of services are provided by the state
government. With rising statistics of rated of juvenile crimes and changing social dynamics, it is
essential to probe deeply into the underlying causes of juvenile delinquency in the present times
and find out the ways and means to reduce its occurrences through appropriate steps. The present
study was designed with this objective and the following states the specific objectives of this
study.

LAW RELATING
JUVENILE JUSTICE
SYSTEM IN INDIA

THE JUVENILE JUSTICE (CARE AND PROTECTION OF


CHILDREN) ACT, 2015
(NO. 2 OF 2016)
An Act to consolidate and amend the law relating to children alleged and
found to be in conflict with law and children in need of care and protection by
catering to their basic needs through proper care, protection, development,
treatment, social re-integration, by adopting a child-friendly approach in the
adjudication and disposal of matters in the best interest of children and for
their rehabilitation through processes provided, and institutions and bodies
established, herein under and for matters connected therewith or incidental
thereto.

BIBLIOGRAPHY (Litrature Review)


Journals:SCC
AIR
Cr.L.J
ALR
J.I.C
RCR(Cri.)

Law Books:The Constitution of India


Indian Penal Code, 1860
The Code of Criminal procedure, 1973
Protection of Children from Sexual Offences Act, 2012
Juvenile Justice (Care and Protection of Children) Act, 2000
Juvenile Justice (Care and Protection of Children) Act, 2015

Legal Studies:News Paper


Internet
Law Commission reports
Magazines

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