Child in Conflict with Law in India: Changing Concerns and Constraints
Keywords:
Child in conflict, Juvenile Justice Act, Juvenile Delinquency, Juvenile offendersAbstract
The irrefutable presumption that a child is innocent and incapable of committing any crime is refuted when that child commits a crime. These individuals are referred to as juveniles because they are not yet deemed mature enough to be held accountable for their actions in committing a crime. This article examines the various aspects of juvenile delinquency in India, with a particular emphasis on the state of Uttar Pradesh. The study examines the laws, organizations, and social and economic elements that influence the development of juvenile justice in this heavily populated and diversified state. The research endeavours to illuminate the effectiveness of juvenile justice policies and procedures by employing a blend of legal analysis, empirical research, and case studies. The research utilizes a broad interdisciplinary approach to examine the underlying causes, prevalent patterns, and socio-economic factors that contribute to juvenile delinquency. The study seeks to reveal the distinct contextual elements that impact rates of adolescent delinquency. Furthermore, it examines the efficacy of current rehabilitation and intervention programs, doing a thorough evaluation of their influence on the rehabilitation of juvenile offenders. The paper aims to provide significant insights to the academic discussion and policy formulation about juvenile justice in India. In the fast-changing contemporary landscape, it is necessary to periodically update the rules pertaining to juvenile justice and the imperative of safeguarding and nurturing them. Although the 2021 Amendment law has been officially published in the gazette, it is still pending enforcement by the central authority. In theory, the process of identifying answers and making necessary changes to the law is one aspect. However, the crucial point that remains is the timing and the level of effectiveness at which these changes will be put into practice and considered successful.
Downloads
References
Agarwal, D. (2018). Juvenile Delinquency in India-Latest Trends and Entailing Amendments in Juvenile Justice Act People. International Journal of social sciences, 3(3)1365-1383. DOI: https://doi.org/10.20319/pijss.2018.33.13651383
Baba, M. A. (2007). Juvenile Delinquency: Governmental Efforts to curb the Problems. Round table discussion on Youth. Ministry of Youth Culture and Sports.
Bonnie, J. J. (2013). Reforming Juvenile Justice: A Developmental Approach. National Research council; Division of behavioural and social sciences and education; committee on law and justice; committee on assessing juvenile justice reform.
GOI. (2015). Juvenile Justice (Care and Protection of Children) Act.
GOI. (2020-21). MInIStRY oF WoMen AnD CHIlD DeVelopMent Government of India.
IPC. (1860). The Indian Penal Code (IPC) of 1860 Sections 354, 375, and 377.
Jaiswal, J. (2005). Human Rights of accused and juveniles. Kalpaz publications.
Kaushik, A. (2014). Rights of Children: A Case Study of Child Beggars at Public Places in India. Journal of Social Welfare and Human Rights, Vol. 2, No. 1, 01–16.
Kumar, A. (2018). Influence of Social Media on Juvenile Cybercrimes and its impact on Indian Society. Scholarly research journal for interdisciplinary studies.
Menon, M. (2018, Agust 7). Police rescue 24 girls from care home in Deoria district of Uttar Pradesh, arrest four. new delhi: Reuters .
Menon, S. (2018). Desistance-Focused Treatment and Asset-Based Programming for Juvenile Offender Reintegration: A Review of Research Evidence. Child and Adolescent Social Work Journal 35(2/3). https://doi.org/10.1007/s10560-018-0542-8 DOI: https://doi.org/10.1007/s10560-018-0542-8
Puzzanchera, C., Hockenberry, S. & Sickmund, M. (2022). Youth and the Juvenile Justice System: National Center for Juvenile Justice.
Rajoo vs State of Madhya Pradesh. (2021).
Sampurna Behura vs Union of India. (2018).
Sheela Barse v. Children's Aid Society & Maharashtra. (1987). PIL on rights of children in custodial institutions 1987 AIR 1987 SC 656, (1987) 3 SCC 50.
Surong, R. & Lyngdoh, A. (2020). A study on the causes of juvenile delinquency and its prevention by the community. The International Journal of Indian Psychology, 8(4). https://doi.org/ 10.25215/0804.138
Vigneswari, G.(2015). A Brief Study on Salient features of Juvenile Justice (Care and Protection of Children) Act, 2000 and Tamil Nadu Juvenile Justice Act, 2001. International Journal of Management Research and Social Science (IJMRSS), Volume 2, Issue 1, January. DOI: https://doi.org/10.2139/ssrn.3523714
Vikram Deo Singh Tomar vs State of Bihar. (1988). AIR 1782 1988 SCR Supl. (1) 755 1988 SCC Supl.
Published on: 06-07-2024
Also Available On
How to Cite
Issue
Section
License
Copyright (c) 2024 Nadeem Parvez, Dr. Fasih Raghib Gauhar
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors contributing to this journal retain the copyright of their articles but agree to publish their articles under the terms of the Creative Commons CC-BY 4.0 License (http://creativecommons.org/licenses/by/4.0/) allowing third parties to copy and redistribute the material in any medium or format, and to remix, transform, and build upon the material, for any purpose, even commercially, under the condition that appropriate credit is given, that a link to the license is provided, and that they indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses them or their use.