Juvenile Justice in India Policy and Implementation Dilemmas
HAQ: Center for Child Rights
B1/2, Ground Floor,
Malviya Nagar
New Delhi - 110017
Tel: +91-26677412,26673599
Fax: +91-26674688
Website: www.haqcrc.org
FaceBook Page: https://www.facebook.com/HaqCentreForChildRights
This ppt gives a structured answer as to the elements of crime and its application in the Indian Penal Code (IPC) 1860. It describes how the different sections of IPC are based on the 4 elements of crime i.e. human being, mens rea, actus reus and injury along with cases.
Juvenile Justice in India Policy and Implementation Dilemmas
HAQ: Center for Child Rights
B1/2, Ground Floor,
Malviya Nagar
New Delhi - 110017
Tel: +91-26677412,26673599
Fax: +91-26674688
Website: www.haqcrc.org
FaceBook Page: https://www.facebook.com/HaqCentreForChildRights
This ppt gives a structured answer as to the elements of crime and its application in the Indian Penal Code (IPC) 1860. It describes how the different sections of IPC are based on the 4 elements of crime i.e. human being, mens rea, actus reus and injury along with cases.
Hague convention for inter country adoption by dr alka mukherjee nagpur ms indiaalka mukherjee
The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Convention) is an international agreement to safeguard intercountry adoptions. Concluded on May 29, 1993 in The Hague, the Netherlands, the Convention establishes international standards of practices for intercountry adoptions. The United States signed the Convention in 1994, and the Convention entered into force for the United States on April 1, 2008The Convention applies to all adoptions by U.S. citizens habitually resident in the United States of children habitually resident in any country outside of the United States that is a party to the Convention (Convention countries). Adopting a child from a Convention country is similar in many ways to adopting a child from a country not party to the Convention. However, there are some key differences. In particular, those seeking to adopt may receive greater protections if they adopt from a Convention country.
The Convention requires that countries who are party to it establish a Central Authority to be the authoritative source of information and point of contact in that country. The Department of State is the U.S. Central Authorityfor the Convention.
The Convention aims to prevent the abduction, sale of, or trafficking in children, and it works to ensure that intercountry adoptions are in the best interests of children.
The Convention recognizes intercountry adoption as a means of offering the advantage of a permanent home to a child when a suitable family has not been found in the child's country of origin. It enables intercountry adoption to take place when, among other steps:
1. The child has been deemed eligible for adoption by the child's country of origin; and
2. Due consideration has been given to finding an adoption placement for the child in its country of origin.
The Code of Criminal Procedure, 1973 is the procedural law providing the machinery for punishment of offenders under substantive criminal law.
The code contains elaborate details about the procedure to be followed in every investigation, inquiry and trial, for every offence under the IPC or any other law.
Detailed Presentation on First Information Report (F.I.R)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
UNICEF guidance note for CEE/CIS on responses to children who have infringed the law but are under the minimum age for prosecution as a juvenile offender
Hague convention for inter country adoption by dr alka mukherjee nagpur ms indiaalka mukherjee
The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Convention) is an international agreement to safeguard intercountry adoptions. Concluded on May 29, 1993 in The Hague, the Netherlands, the Convention establishes international standards of practices for intercountry adoptions. The United States signed the Convention in 1994, and the Convention entered into force for the United States on April 1, 2008The Convention applies to all adoptions by U.S. citizens habitually resident in the United States of children habitually resident in any country outside of the United States that is a party to the Convention (Convention countries). Adopting a child from a Convention country is similar in many ways to adopting a child from a country not party to the Convention. However, there are some key differences. In particular, those seeking to adopt may receive greater protections if they adopt from a Convention country.
The Convention requires that countries who are party to it establish a Central Authority to be the authoritative source of information and point of contact in that country. The Department of State is the U.S. Central Authorityfor the Convention.
The Convention aims to prevent the abduction, sale of, or trafficking in children, and it works to ensure that intercountry adoptions are in the best interests of children.
The Convention recognizes intercountry adoption as a means of offering the advantage of a permanent home to a child when a suitable family has not been found in the child's country of origin. It enables intercountry adoption to take place when, among other steps:
1. The child has been deemed eligible for adoption by the child's country of origin; and
2. Due consideration has been given to finding an adoption placement for the child in its country of origin.
The Code of Criminal Procedure, 1973 is the procedural law providing the machinery for punishment of offenders under substantive criminal law.
The code contains elaborate details about the procedure to be followed in every investigation, inquiry and trial, for every offence under the IPC or any other law.
Detailed Presentation on First Information Report (F.I.R)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
UNICEF guidance note for CEE/CIS on responses to children who have infringed the law but are under the minimum age for prosecution as a juvenile offender
this material contains understanding related to juvenile justice system in Nepal's context . further it collaborate with domestic and international convention.
Prezentācija konferencē "Bērnu sociāla iekļaušana kā antisociālas uzvedības novēršanas metode".
Konference tika rīkota projekta "Bērnu antisociālās uzvedības mazināšana: agrīnās prevencijas modeļi” ietvaros.
Projektu finansiāli atbalsta Islande, Lihtenšteina un Norvēģija NVO projektu programmas ietvaros.
NVO projektu programmu tiek finansēta ar Eiropas Ekonomikas zonas finanšu instrumenta un Latvijas valsts finansiālu atbalstu.
Plašāka informācija: ,
http://www.providus.lv/public/27880.html
www.sif.lv
www.eeagrants.org
www.eeagrants.lv
Juvenile Justice System in Comparison to Criminal Justice System in Indiaijtsrd
Children and adults are treated differently as far as the legal perspective is concerned. Law considers the offence committed by the child as a delinquent act rather than a crime. Courts have established a different procedure for trial in case of a child. The child and adult not only differ in criminal proceedings but on other grounds also. They do not have the same constitutional rights as adults. The administration of justice system has a different perspective in case of an offence committed by a child. If an offence is committed by an adult, it is perceived as a crime and he or she is taken under legal consideration for the same. On the other hand, if an offence is committed by a child, the court observes the delinquency of the act. However, there is an exception in some case where the child can be treated as an adult. The main objective of the juvenile justice system is to make sure that the child is rehabilitated so that he or she does not repeat the same crime in future. In an adult justice system, the main objective is to threaten the accused by way of punishment so that he or she should not commit such heinous offences in future. Naincy Goyal"Juvenile Justice System in Comparison to Criminal Justice System in India" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5 , August 2018, URL: http://www.ijtsrd.com/papers/ijtsrd17025.pdf http://www.ijtsrd.com/humanities-and-the-arts/other/17025/juvenile-justice-system-in-comparison-to-criminal-justice-system-in-india/naincy-goyal
Prevention Of Offences Against the Child rubynakka
This is a draft copy of proposed legislation called "Prevention of offences against the child". This is to be introduced in the parliament during the monsoon session. If it gets passed, it would be a landmark legislation to protect the vulnerable individuals of India.
UNITED NATIONS CONVENTION AGAINST TORTURE.pptxAnjana S Kumar
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment / Torture Convention / UNCAT
It is an international human rights treaty, under the review of the United Nations. Adopted on 10 Dec 1984
PURPOSE OF THE CONVENTION
To prevent and eradicate the use of torture and other cruel, inhuman or degrading treatment or punishment and to ensure accountability for acts of torture.
It has same structure as UDHR, ICCPR and ICESCR with a preamble and 33 articles divided into 3 parts
THE COMMITTEE AGAINST TORTURE
It is the treaty body created to monitor and encourage States to uphold and implement their international obligations under the Convention against Torture.
CONVENTION AGAINST TORTURE INITIATIVE
An inter-governmental initiative to strengthen institutions, policies and practices and reduce the risks of torture and ill-treatment by applying the UN Convention against Torture.
Similar to Beijing rules | United Nations Standard Minimum Rules for the Administration of Juvenile Justice (20)
Law as an instrument of social change | Law and Social TransformationNishkaPrajapati
1. Critically and analytically explain the, “Law as an instrument of social change.”
2. Law as the product of traditions and culture.
3. Criticism and evaluation of law in the light of colonization.
4. The Introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India.
1. Write an explanatory note on ‘socio-legal research’.
2. Discuss in detail the various types of legal research and their importance.
3. Relevance of Empirical legal research.
4. Briefly discuss the induction and deduction method.
Juvenile Justice Law in India (Juvenile Justice Act 1986, 2000 & 2015)NishkaPrajapati
1. Discuss the powers and procedure of the Juvenile Justice Board.
2. Powers, functions and procedure of child welfare committee.
3. Evolution of Juvenile Justice Act. / Legislative approaches in pre-colonial era.
4. Explain the concept of reformative theory of juvenile delinquency.
5. What is the role of police in juvenile delinquency?
6. Discuss on Beijing Rules.
7. Discuss Convention on the rights of child.
8. What is the distinction between JJ Act 1986 and JJ act 2000?
9. Discuss the powers and procedure of Juvenile Welfare Board.
10. Discuss the constitution, powers and procedure of Juvenile Court.
11. Short note on after care service centres.
1. Explain in detail the stages in commission of a crime with decided cases.
2. Theories of Attempt.
3. Inchoate crime.
4. Distinguish between preparation and attempt.
5. Explain section 511 and 307 of IPC.
Abetment and Criminal Conspiracy under English and Indian lawNishkaPrajapati
1. Explain the provisions relating to abetment in English and Indian law.
2. Proof of conspiracy and its admissibility.
3. Difference between abetment and conspiracy.
4. Sections 34, 109 and 120-A.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Beijing rules | United Nations Standard Minimum Rules for the Administration of Juvenile Justice
1. “BEIJING RULES”
United Nations Standard Minimum
Rules for the Administration of
Juvenile Justice
The layout of the answer is given in the description box below
2. INTRODUCTION
In September 1980, the United Nations held its Sixth Congress
on the Prevention of Crime and the Treatment of Offenders. In
this Congress an idea emerged with a need for a bill of rights for
young offenders. The United States delegation supported the
idea. Much drafting of the policy took place at a conference in
Beijing, China. It was originally proposed as a Bill of Rights for
Young Offenders, but was eventually renamed the United
Nations Standard Minimum Rules for the Administration of
Juvenile Justice. Consequentially it was adopted on 29
November 1985 by the United Nations General Assembly. It is
pertinent to mention here that the United Nations also
proclaimed the year 1985 as the International Year of Youth.
3. The Rules framed by UN serve as a minimum standard to
accomplish protection of rights of young. It urged Member
States to adapt, wherever this is necessary, their national
legislation, policies and practices, particularly in training
juvenile justice personnel, to the Beijing Rules and to bring
the Rules to the attention of relevant authorities and the
public in general. The Standard Minimum Rules applies to
juvenile offenders impartially, without distinction of any kind,
for example as to race, colour, sex, language, religion,
political or other opinions, national or social origin, property,
birth or other status.
5. DEFINITION UNDER BEIJING RULES
Rule 2.2 defines "juvenile" and "offence" as the components
of the notion of the "juvenile offender". The age limits is to be
determined by the respective legal systems. It thereby
recognises the importance of the economic, social, political,
cultural and legal systems of Member States. This makes for
a wide variety of ages coming under the definition of
"juvenile", ranging from 7 years to 18 years or above.
6. AIMS OF JUVENILE JUSTICE
The provision under Rule 5 seeks to achieve the following
two most important objectives concerning juvenile justice.
The first objective is the promotion of the well-being of
the juvenile.
The second objective is application of "the principle of
proportionality". The response to young offenders should
be based on the consideration not only of the gravity of the
offence but also of personal circumstances.
7. DISCRETION OF JUVENILE JUSTICE
ADMINISTRATION
The provision in Rules 6.1, 6.2 and 6.3 recognises the
special need of juveniles and for that it argues for measures
for effective, fair and humane juvenile justice administration.
It extends scope for use of discretionary power at all levels of
investigation, prosecution, adjudication and follow-up of
dispositions.
8. RIGHTS OF JUVENILES
Rule 7.1 emphasizes some important points that represent
essential elements for a fair and just trial.
The Rules prescribe basic procedural safeguards such as the
presumption of innocence, the right to be notified of the charges,
the right to remain silent, the right to counsel, the right to the
presence of a parent or guardian, the right to confront and cross-
examine witnesses and the right to appeal to a higher authority
shall be guaranteed at all stages of proceedings. Juveniles
offenders are entitled to these fundamental rights.
9. PROTECTION OF PRIVACY
The juvenile's right to privacy shall be respected at all stages
in order to avoid harm being caused to her or him by undue
publicity or by the process of labelling. (Rule 8.1)
In principle, no information that may lead to the identification
of a juvenile offender shall be published. (Rule 8.2)
10. SPECIALIZATION WITHIN POLICE
In order to best fulfil their functions, police officers who
frequently or exclusively deal with juveniles or who are
primarily engaged in the prevention of juvenile crime shall be
specially instructed and trained.
(Rule 12.1)
11. DETENTION PENDING TRIAL
Detention pending trial shall be used only as a measure of last
resort and for the shortest possible period of time. (Rule13.1)
Whenever possible, detention pending trial shall be replaced by
alternative measures, such as close supervision, intensive care
or placement with a family or in an educational 266 setting or
home. (Rule 13.2)
Juveniles under detention pending trial shall be entitled to all
rights and guarantees of the Standard Minimum Rules for the
Treatment of Prisoners adopted by the United Nations. (Rule
13.3)
12. COMPETENT AUTHORITY TO ADJUDICATE
Rule 14.1 provides that where the case of a juvenile offender
has not been diverted (under rule 11), she or he shall be dealt
with by the competent authority (court, tribunal, board, council,
etc.) according to the principles of a fair and just trial.
Rule 14.2 provides that the proceedings shall be conducive to
the best interests of the juvenile and shall be conducted in an
atmosphere of understanding, which shall allow the juvenile to
participate therein and to express herself or himself freely.
13. LEGAL COUNSEL, PARENTS AND GUARDIAN
Rule 15.1 provides that throughout the proceedings the
juvenile shall have the right to be represented by a legal
adviser or to apply for free legal aid where there is provision for
such aid in the country.
Rule 15.2 provides that the parents or the guardian shall be
entitled to participate in the proceedings and may be required
by the competent authority to attend them in the interest of the
juvenile. They may, however, be denied participation by the
competent authority if there are reasons to assume that such
exclusion is necessary in the interest of the juvenile.
14. NEED FOR PROFESSIONALISM AND TRAINING
Rule 22.1 provides that professional education, in-service
training, refresher courses and other appropriate modes of
instruction shall be utilized to establish and maintain the
necessary professional competence of all personnel dealing
with juvenile cases.
Rule 22.2 provides that juvenile justice personnel shall reflect
the diversity of juveniles who come into contact with the
juvenile justice system. Efforts shall be made to ensure the fair
representation of women and minorities in juvenile justice
agencies.
15. PROVISION FOR NEEDED ASSISTANCE
Rule 24.1 provides that efforts shall be made to provide
juveniles, at all stages of the proceedings, with necessary
assistance such as lodging, education or vocational training,
employment or any other assistance, helpful and practical, in
order to facilitate the rehabilitative process.
16. CONCLUSION
Thus the Beijing Rules or Standard Minimum Rules are
formulated in such a manner that it can be applicable in the
domestic sphere of various nation / state and within different
legal systems. It suggests minimum standards to be adhered
to while dealing with juvenile offences.