This document provides an abstract for a paper to be presented at a national seminar on juvenile justice and human rights. The paper will discuss the contemporary issues around setting a minimum age for criminal responsibility, particularly for serious crimes like rape and murder. It notes that in India, the 2012 Delhi gang rape case sparked debate around lowering the minimum age. The abstract outlines the historical development of juvenile laws in India and the current age of 18. It discusses the legal and scientific basis for setting the age. Global approaches are reviewed, and statistics on rising juvenile crime rates in India are presented. Arguments for and against revisiting the minimum age are summarized. The objective is to analyze the need to amend juvenile laws to curb rising delinquency while
The juvenile justice system in India aims to protect youth but has loopholes that allow criminals to escape punishment. There is a rise in serious crimes committed by 16-18 year olds who know they cannot be prosecuted as adults. The 2012 Delhi gang rape case highlighted this issue as one perpetrator was sentenced to only 3 years as a juvenile. There are calls to reform juvenile laws in India to judge each case based on the offense and mental maturity rather than just an age limit, bringing laws more in line with other countries like the U.S. and U.K. The well-being of youth and safety of society require the juvenile system to be reexamined.
this material contains understanding related to juvenile justice system in Nepal's context . further it collaborate with domestic and international convention.
Child Rights in Bangladesh: Scope for Legal Advocacy and BLAST's Roleশিহাব সিরাজী
This document discusses child rights in Bangladesh and the role of BLAST, a legal advocacy organization, in promoting those rights. It outlines that the Bangladeshi constitution and laws provide some protections for children, but there are also gaps, such as inconsistencies with international standards. BLAST provides legal services to children, engages in public interest litigation, advocates for policy reforms, and runs a campaign to end corporal punishment in schools. There is still scope for further legal advocacy work, such as raising the minimum age of criminal responsibility and establishing juvenile courts in every district.
A Comparison of Child Protection Law between Indonesia and Malaysiaiosrjce
This paper aims to compare child protection law between Indonesia and Malaysia especially in
terms of family law (marriage), child definition and age limit, as well as other foundational principles. Content
analysis method of a variety of relevant references is used and a comparative approach to child protection law
in Indonesia and Malaysia is taken. There are many similarities between child protection law in Malaysia and
Indonesia, in which both systems specify the state, family, and parents responsibilities towards children. Also
specified are handling of child’s position, guardianship, rearing, adoption, religion, and abandonment. In
addition, special protection such as maintenance, recovery, custody, care, investigation, nursing, education,
prevention of economic exploitation, prevention of sexual abuse, prevention of child torture, and disability
treatment are also included. This paper concludes that in Malaysia child protection law has been fully
synthesised in Children Act of 2001 (Act 611), while in Indonesia child protection law is scattered in a number
of laws related to children including the Child Protection Law.
The document discusses legislations related to adolescents in India. It summarizes the Juvenile Justice Act and the Child Labor Prohibition Act. The Juvenile Justice Act established Child Welfare Committees and Juvenile Justice Boards to care for children in need and handle juvenile offenders. The Child Labor Act prohibits employment of children under 14 and regulates work conditions of adolescents 14-18 by limiting work hours and types of hazardous occupations permitted.
The document discusses cyber crimes and the capacity of Kenya to address them. It notes that hackers have hacked Kenyan government websites in the past to fulfill political objectives or for money. While the Information and Communication Act aims to address cyber crimes, it only allocates a small part to this issue given the complexity of cyber crimes globally. The author argues more needs to be done to protect Kenya from cyber threats. Some examples of devastating cyber attacks that have impacted systems and cost large sums to repair are provided to demonstrate the seriousness of the issue. The CEO of a Kenyan cybersecurity firm is quoted saying there are only two types of users - those who know they are being hacked and those who are being hacked.
This document is a cover page for a student assignment on the topic of basic human rights. It includes the course details, evaluation criteria, a declaration by the student that the work is their own, and spaces for evaluator comments and the assigned grade. The main text is an excerpt from an academic essay discussing various international human rights laws and concepts regarding legal personality and capacity. It examines how different conventions have approached granting rights to individuals deemed incompetent, such as children and persons with disabilities.
The juvenile justice system in India aims to protect youth but has loopholes that allow criminals to escape punishment. There is a rise in serious crimes committed by 16-18 year olds who know they cannot be prosecuted as adults. The 2012 Delhi gang rape case highlighted this issue as one perpetrator was sentenced to only 3 years as a juvenile. There are calls to reform juvenile laws in India to judge each case based on the offense and mental maturity rather than just an age limit, bringing laws more in line with other countries like the U.S. and U.K. The well-being of youth and safety of society require the juvenile system to be reexamined.
this material contains understanding related to juvenile justice system in Nepal's context . further it collaborate with domestic and international convention.
Child Rights in Bangladesh: Scope for Legal Advocacy and BLAST's Roleশিহাব সিরাজী
This document discusses child rights in Bangladesh and the role of BLAST, a legal advocacy organization, in promoting those rights. It outlines that the Bangladeshi constitution and laws provide some protections for children, but there are also gaps, such as inconsistencies with international standards. BLAST provides legal services to children, engages in public interest litigation, advocates for policy reforms, and runs a campaign to end corporal punishment in schools. There is still scope for further legal advocacy work, such as raising the minimum age of criminal responsibility and establishing juvenile courts in every district.
A Comparison of Child Protection Law between Indonesia and Malaysiaiosrjce
This paper aims to compare child protection law between Indonesia and Malaysia especially in
terms of family law (marriage), child definition and age limit, as well as other foundational principles. Content
analysis method of a variety of relevant references is used and a comparative approach to child protection law
in Indonesia and Malaysia is taken. There are many similarities between child protection law in Malaysia and
Indonesia, in which both systems specify the state, family, and parents responsibilities towards children. Also
specified are handling of child’s position, guardianship, rearing, adoption, religion, and abandonment. In
addition, special protection such as maintenance, recovery, custody, care, investigation, nursing, education,
prevention of economic exploitation, prevention of sexual abuse, prevention of child torture, and disability
treatment are also included. This paper concludes that in Malaysia child protection law has been fully
synthesised in Children Act of 2001 (Act 611), while in Indonesia child protection law is scattered in a number
of laws related to children including the Child Protection Law.
The document discusses legislations related to adolescents in India. It summarizes the Juvenile Justice Act and the Child Labor Prohibition Act. The Juvenile Justice Act established Child Welfare Committees and Juvenile Justice Boards to care for children in need and handle juvenile offenders. The Child Labor Act prohibits employment of children under 14 and regulates work conditions of adolescents 14-18 by limiting work hours and types of hazardous occupations permitted.
The document discusses cyber crimes and the capacity of Kenya to address them. It notes that hackers have hacked Kenyan government websites in the past to fulfill political objectives or for money. While the Information and Communication Act aims to address cyber crimes, it only allocates a small part to this issue given the complexity of cyber crimes globally. The author argues more needs to be done to protect Kenya from cyber threats. Some examples of devastating cyber attacks that have impacted systems and cost large sums to repair are provided to demonstrate the seriousness of the issue. The CEO of a Kenyan cybersecurity firm is quoted saying there are only two types of users - those who know they are being hacked and those who are being hacked.
This document is a cover page for a student assignment on the topic of basic human rights. It includes the course details, evaluation criteria, a declaration by the student that the work is their own, and spaces for evaluator comments and the assigned grade. The main text is an excerpt from an academic essay discussing various international human rights laws and concepts regarding legal personality and capacity. It examines how different conventions have approached granting rights to individuals deemed incompetent, such as children and persons with disabilities.
This document provides an overview of the juvenile justice system in Malaysia. It discusses that 60% of Malaysia's population is under 30 years old, and that while perceptions are that juvenile crime is increasing, data is limited and inconsistent. For children accused of crimes, the Child Act of 2001 established specialized procedures and the Court for Children to handle their cases separately from adult procedures. The document outlines the key stages of handling a child in conflict with the law, from arrest to sentencing. It also discusses exceptions for serious crimes and status offenses. Overall, the document presents background on juvenile justice in Malaysia and the legal framework established in the Child Act.
The document provides the statement of objects and reasons for the Jan Lokpal Bill 2011 in India. It summarizes that corruption has become a major problem in India that existing anti-corruption institutions have failed to address. It aims to establish an independent Lokpal authority, as required by the UN Convention Against Corruption, to investigate and prosecute corruption cases against public officials and ensure transparency, accountability and public participation in its functioning. The bill seeks to provide independence to the anti-corruption machinery from undue influences to effectively tackle the menace of corruption.
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 document provides a summary of a baseline study on legal identity in Indonesia. Some key findings include:
- Millions of Indonesian children do not possess basic legal identity documents like birth certificates, which can prevent them from accessing services like education and healthcare.
- Factors like poverty, disability, and remote locations are associated with lower rates of legal documentation. Children without birth certificates are more likely to be married as minors and unable to complete their education.
- Obtaining legal documents like birth certificates and marriage certificates can be difficult and expensive for many Indonesians due to complicated bureaucratic systems and long travel distances to registration offices.
Session 2 constitution and legislative attemptDr Rajeev Kumar
The document discusses three case studies of children affected by substance abuse in India:
1) Reshma Tamir, a 16-year-old from Mumbai whose parents' divorce led to neglect and her substance abuse issues.
2) Prashant, a 13-year-old from Delhi who began sniffing inhalants at age 7 and turned to theft to fund his drug habit.
3) Dipendra Kumar, a 26-year-old from Uttarakhand who was addicted to cannabis for 8 years before his parents forced him into rehab.
YouthhubAfrica's Policy Brief on Child Rights ActYouthHubAfrica
This policy brief is based on a perception survey commissioned by Youthhubafrica titled “Societal Perception and Non-Domestication of the Child Rights Act in Kano, Kebbi and Sokoto States”. After years of working on the Child Rights Act across Nigeria, it became imperative to investigate the slow pace of domestication in Northern Nigeria.
The document discusses penal mediation as an alternative approach for resolving juvenile delinquency cases in Indonesia. It finds that juvenile delinquency is influenced by factors such as identity issues, lack of self-control, family problems, poor quality of surroundings, and economic issues. The document examines different models of penal mediation used internationally and describes the consensus-based model used in some areas of Indonesia which involves families, community leaders, and police. It argues penal mediation aligns with restorative justice and could be a better approach for juvenile cases compared to the traditional retributive system.
A 23-year old female physiotherapy intern was beaten, gang raped, and murdered in December 2012 in New Delhi by six men, including the driver of the bus she was traveling in. Her death from injuries 13 days later in Singapore generated widespread protests in India against the government's failure to protect women. In response to the outrage, the government passed stronger anti-rape laws. Four men convicted of the rape and murder were sentenced to death by the court, which said the gravity of their offenses could not be tolerated.
When you embark upon a cruise, you may not know that accidents and assaults are actually quite common. Please view this presentation to be prepared for the dangers of your trip and to get information for help with your case should you have one.
The United Nations was formed after World War II to prevent future conflicts and now has 193 member nations, with headquarters in New York City. It has several bodies that address different areas like the General Assembly, Security Council, and Economic and Social Council. While membership is voluntary, the UN creates resolutions to encourage cooperation between countries but cannot enforce them. In 2002, the UN established eight Millennium Development Goals to be achieved by 2015 focused on issues like poverty, education, gender equality, and public health.
United Nation Organization is an international organization which was established in order to stop war between countries and to set up a platform for dialogue after world war II
The document provides an overview of topics to be covered about the League of Nations, including its aims, members, strengths and weaknesses, powers and organization, successes in the 1920s, and failures in the 1920s and 1930s. Students are assigned various written tasks analyzing aspects of the League, including essays, notes, and written responses to questions.
The document summarizes a horrific gang rape that occurred in New Delhi, India on December 16, 2012. A 23-year old female physiotherapy intern was beaten, raped, and tortured on a private bus by six men for over an hour. She and her male friend were thrown from the bus, leaving the female victim with severe internal injuries. Despite being airlifted to a hospital in Singapore, the victim succumbed to her injuries on December 29th, outraging citizens across India and the world. The crime sparked large protests against gender-based violence and the government's failure to ensure women's safety. Though the perpetrators were arrested, the document questions whether enough will be done to prevent future sexual assaults and protect women
Model United Nations (MUN) is an academic simulation where students learn about diplomacy and global issues. Students are assigned countries and research international topics to debate solutions from different national perspectives within committees that mirror the UN. Conferences involve presenting positions, drafting resolutions, and voting to develop solutions through compromise, as diplomacy works in the real UN.
The United Nations was established in 1945 to replace the League of Nations. It aims to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a center for harmonizing the actions of nations. The UN has six main organs: the General Assembly, Security Council, Economic and Social Council, Trusteeship Council, International Court of Justice, and Secretariat. It also has various specialized agencies, funds, and programs that address issues like health, education, agriculture, refugees, and more. The UN works to resolve international conflicts, develop economic and social cooperation, and codify international law through conventions, treaties, and agreements.
This document discusses children's rights and juvenile justice in India. It begins with definitions of a "child" under various Indian laws such as the Juvenile Justice Act, Child Labour Act, and others which generally define a child as someone under 18 years old. It then discusses constitutional provisions and international conventions that protect children's rights, such as the UN Convention on the Rights of the Child. The document also discusses issues around juvenile delinquency in India and debates around whether juveniles should be tried under adult laws for serious crimes. Overall, the document provides an overview of laws and discussions related to children's rights and juvenile justice in India.
1) The document discusses the importance of youth as the driving force of development and the need to protect children's rights.
2) It outlines India's Juvenile Justice Act and how the definition of a juvenile has changed over time. For serious crimes, some argue juveniles should be tried in criminal courts like in other countries.
3) The 2012 Delhi gang rape case is discussed as an example where the juvenile received only a 3 year sentence, renewing calls for reforming how serious juvenile offenders are treated under the law.
HISTORICAL CONSPECTUS OF JUVENILE JUSTICE IN INDIA.pptxGurmanKaur31
The document provides an overview of the historical development of juvenile justice in India. It discusses key aspects of juvenile justice laws and cases related to juvenile delinquency. The key points are:
1) The Juvenile Justice Act of 2015 replaced the 2000 Act and allows 16-18 year olds who commit heinous crimes to be tried as adults.
2) The objectives of juvenile justice are rehabilitation, habilitation, and reintegration of youth.
3) Theories of juvenile delinquency discussed include anomie theory, subculture theory, and differential opportunity theory.
4) Important Supreme Court cases addressed implementation of juvenile justice laws and the rights of juvenile offenders
- Juvenile delinquency exists worldwide and shows no signs of decreasing, though its extent and causes vary between countries.
- Juvenile offenses range greatly from minor infractions like vagrancy to more serious crimes like theft, violence, and drug and alcohol use.
- The minimum age of criminal responsibility and types of punishments for juvenile offenders differ significantly between legal systems internationally.
This document discusses juvenile delinquency in India. It begins by defining a juvenile as a person under 18 years old. It then discusses the history and current laws around juvenile justice in India. The Juvenile Justice Act of 2000 defines a juvenile as under 18 and aims to rehabilitate rather than punish. However, there is debate around amending this law due to some violent crimes committed by 16-18 year olds. Views both support and oppose treating older juveniles as adults, considering factors like maturity levels and the need for both justice and rehabilitation. Overall causes of juvenile crimes include poverty, drugs, peers, family issues, and abuse.
In our society juvenile offenders are increasing day by day and juvenile delinquency crime is one of the burning
issues in all over the world. So the purpose of the article is to reduce juvenile delinquency from the society. The article explains
who is juvenile. The study focus on reasons behind juvenile offender. The paper argues that family problem, social
environment, mantle torture, educational dissatisfaction and lack of legal provisions are also factors that constitute such
offender. The paper reveals the historical development about the definition, legal provisions and Acts on juvenile offender. The
article describes what step should be taken to improve their situation in the society.
This document provides an overview of the juvenile justice system in Malaysia. It discusses that 60% of Malaysia's population is under 30 years old, and that while perceptions are that juvenile crime is increasing, data is limited and inconsistent. For children accused of crimes, the Child Act of 2001 established specialized procedures and the Court for Children to handle their cases separately from adult procedures. The document outlines the key stages of handling a child in conflict with the law, from arrest to sentencing. It also discusses exceptions for serious crimes and status offenses. Overall, the document presents background on juvenile justice in Malaysia and the legal framework established in the Child Act.
The document provides the statement of objects and reasons for the Jan Lokpal Bill 2011 in India. It summarizes that corruption has become a major problem in India that existing anti-corruption institutions have failed to address. It aims to establish an independent Lokpal authority, as required by the UN Convention Against Corruption, to investigate and prosecute corruption cases against public officials and ensure transparency, accountability and public participation in its functioning. The bill seeks to provide independence to the anti-corruption machinery from undue influences to effectively tackle the menace of corruption.
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 document provides a summary of a baseline study on legal identity in Indonesia. Some key findings include:
- Millions of Indonesian children do not possess basic legal identity documents like birth certificates, which can prevent them from accessing services like education and healthcare.
- Factors like poverty, disability, and remote locations are associated with lower rates of legal documentation. Children without birth certificates are more likely to be married as minors and unable to complete their education.
- Obtaining legal documents like birth certificates and marriage certificates can be difficult and expensive for many Indonesians due to complicated bureaucratic systems and long travel distances to registration offices.
Session 2 constitution and legislative attemptDr Rajeev Kumar
The document discusses three case studies of children affected by substance abuse in India:
1) Reshma Tamir, a 16-year-old from Mumbai whose parents' divorce led to neglect and her substance abuse issues.
2) Prashant, a 13-year-old from Delhi who began sniffing inhalants at age 7 and turned to theft to fund his drug habit.
3) Dipendra Kumar, a 26-year-old from Uttarakhand who was addicted to cannabis for 8 years before his parents forced him into rehab.
YouthhubAfrica's Policy Brief on Child Rights ActYouthHubAfrica
This policy brief is based on a perception survey commissioned by Youthhubafrica titled “Societal Perception and Non-Domestication of the Child Rights Act in Kano, Kebbi and Sokoto States”. After years of working on the Child Rights Act across Nigeria, it became imperative to investigate the slow pace of domestication in Northern Nigeria.
The document discusses penal mediation as an alternative approach for resolving juvenile delinquency cases in Indonesia. It finds that juvenile delinquency is influenced by factors such as identity issues, lack of self-control, family problems, poor quality of surroundings, and economic issues. The document examines different models of penal mediation used internationally and describes the consensus-based model used in some areas of Indonesia which involves families, community leaders, and police. It argues penal mediation aligns with restorative justice and could be a better approach for juvenile cases compared to the traditional retributive system.
A 23-year old female physiotherapy intern was beaten, gang raped, and murdered in December 2012 in New Delhi by six men, including the driver of the bus she was traveling in. Her death from injuries 13 days later in Singapore generated widespread protests in India against the government's failure to protect women. In response to the outrage, the government passed stronger anti-rape laws. Four men convicted of the rape and murder were sentenced to death by the court, which said the gravity of their offenses could not be tolerated.
When you embark upon a cruise, you may not know that accidents and assaults are actually quite common. Please view this presentation to be prepared for the dangers of your trip and to get information for help with your case should you have one.
The United Nations was formed after World War II to prevent future conflicts and now has 193 member nations, with headquarters in New York City. It has several bodies that address different areas like the General Assembly, Security Council, and Economic and Social Council. While membership is voluntary, the UN creates resolutions to encourage cooperation between countries but cannot enforce them. In 2002, the UN established eight Millennium Development Goals to be achieved by 2015 focused on issues like poverty, education, gender equality, and public health.
United Nation Organization is an international organization which was established in order to stop war between countries and to set up a platform for dialogue after world war II
The document provides an overview of topics to be covered about the League of Nations, including its aims, members, strengths and weaknesses, powers and organization, successes in the 1920s, and failures in the 1920s and 1930s. Students are assigned various written tasks analyzing aspects of the League, including essays, notes, and written responses to questions.
The document summarizes a horrific gang rape that occurred in New Delhi, India on December 16, 2012. A 23-year old female physiotherapy intern was beaten, raped, and tortured on a private bus by six men for over an hour. She and her male friend were thrown from the bus, leaving the female victim with severe internal injuries. Despite being airlifted to a hospital in Singapore, the victim succumbed to her injuries on December 29th, outraging citizens across India and the world. The crime sparked large protests against gender-based violence and the government's failure to ensure women's safety. Though the perpetrators were arrested, the document questions whether enough will be done to prevent future sexual assaults and protect women
Model United Nations (MUN) is an academic simulation where students learn about diplomacy and global issues. Students are assigned countries and research international topics to debate solutions from different national perspectives within committees that mirror the UN. Conferences involve presenting positions, drafting resolutions, and voting to develop solutions through compromise, as diplomacy works in the real UN.
The United Nations was established in 1945 to replace the League of Nations. It aims to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a center for harmonizing the actions of nations. The UN has six main organs: the General Assembly, Security Council, Economic and Social Council, Trusteeship Council, International Court of Justice, and Secretariat. It also has various specialized agencies, funds, and programs that address issues like health, education, agriculture, refugees, and more. The UN works to resolve international conflicts, develop economic and social cooperation, and codify international law through conventions, treaties, and agreements.
This document discusses children's rights and juvenile justice in India. It begins with definitions of a "child" under various Indian laws such as the Juvenile Justice Act, Child Labour Act, and others which generally define a child as someone under 18 years old. It then discusses constitutional provisions and international conventions that protect children's rights, such as the UN Convention on the Rights of the Child. The document also discusses issues around juvenile delinquency in India and debates around whether juveniles should be tried under adult laws for serious crimes. Overall, the document provides an overview of laws and discussions related to children's rights and juvenile justice in India.
1) The document discusses the importance of youth as the driving force of development and the need to protect children's rights.
2) It outlines India's Juvenile Justice Act and how the definition of a juvenile has changed over time. For serious crimes, some argue juveniles should be tried in criminal courts like in other countries.
3) The 2012 Delhi gang rape case is discussed as an example where the juvenile received only a 3 year sentence, renewing calls for reforming how serious juvenile offenders are treated under the law.
HISTORICAL CONSPECTUS OF JUVENILE JUSTICE IN INDIA.pptxGurmanKaur31
The document provides an overview of the historical development of juvenile justice in India. It discusses key aspects of juvenile justice laws and cases related to juvenile delinquency. The key points are:
1) The Juvenile Justice Act of 2015 replaced the 2000 Act and allows 16-18 year olds who commit heinous crimes to be tried as adults.
2) The objectives of juvenile justice are rehabilitation, habilitation, and reintegration of youth.
3) Theories of juvenile delinquency discussed include anomie theory, subculture theory, and differential opportunity theory.
4) Important Supreme Court cases addressed implementation of juvenile justice laws and the rights of juvenile offenders
- Juvenile delinquency exists worldwide and shows no signs of decreasing, though its extent and causes vary between countries.
- Juvenile offenses range greatly from minor infractions like vagrancy to more serious crimes like theft, violence, and drug and alcohol use.
- The minimum age of criminal responsibility and types of punishments for juvenile offenders differ significantly between legal systems internationally.
This document discusses juvenile delinquency in India. It begins by defining a juvenile as a person under 18 years old. It then discusses the history and current laws around juvenile justice in India. The Juvenile Justice Act of 2000 defines a juvenile as under 18 and aims to rehabilitate rather than punish. However, there is debate around amending this law due to some violent crimes committed by 16-18 year olds. Views both support and oppose treating older juveniles as adults, considering factors like maturity levels and the need for both justice and rehabilitation. Overall causes of juvenile crimes include poverty, drugs, peers, family issues, and abuse.
In our society juvenile offenders are increasing day by day and juvenile delinquency crime is one of the burning
issues in all over the world. So the purpose of the article is to reduce juvenile delinquency from the society. The article explains
who is juvenile. The study focus on reasons behind juvenile offender. The paper argues that family problem, social
environment, mantle torture, educational dissatisfaction and lack of legal provisions are also factors that constitute such
offender. The paper reveals the historical development about the definition, legal provisions and Acts on juvenile offender. The
article describes what step should be taken to improve their situation in the society.
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
This document discusses juvenile delinquency and the definition of a juvenile delinquent in Bangladesh. It notes that different laws in Bangladesh define the age of a juvenile delinquent differently, ranging from 7 to 16 years old. Currently, there is no uniform definition but most sources indicate ages 7 to under 16 define a juvenile delinquent. A draft policy proposes defining juveniles as those under 18 to harmonize with UN conventions. The document examines differences in how juvenile delinquency and age limits are defined both in laws in Bangladesh and in other Asian and European countries.
The document provides an overview of the origin and development of children's courts globally. It discusses how children were previously treated as adults in criminal courts but reforms recognized that children require rehabilitation rather than punishment. The first juvenile court was established in Chicago in 1899 to have a separate system focused on treatment for youth. Key developments included the establishment of juvenile courts in other US states and countries in the early 1900s. The document also summarizes landmark legal cases like In re Gault that extended procedural rights for juveniles. Overall, it traces the philosophical shift from punitive to rehabilitative models for dealing with young offenders.
Juvenile delinquency is a major problem in society. It is defined as criminal acts committed by minors under a statutory age. There are various causes of juvenile delinquency including biological factors, economic hardship, social influences, and other environmental factors. The consequences of juvenile delinquency include violence, destruction of property, threats to public safety, and a poor future outlook for the country. Statistics show higher rates of juvenile crime among boys aged 12-16 from urban and low-income backgrounds. The juvenile justice system aims to rehabilitate young offenders through protective custody and education rather than criminalization or imprisonment. Overall, curbing juvenile delinquency requires a comprehensive societal effort.
The document discusses juvenile delinquency in India. It begins by defining juvenile delinquency as illegal activities committed by minors under 18. It then discusses the types of juvenile delinquency and the legislation around it in India, including the Juvenile Justice Acts of 1986, 2000, and 2015. The legislation aims to rehabilitate rather than punish juvenile offenders. Rehabilitation methods discussed include education, counseling, and skill-building activities. The document concludes by noting that while the 2015 Act aims to protect juveniles, it lacks proper implementation, and preventative measures are also needed to address the root causes of juvenile delinquency.
A Review of the History and Theories Surrounding the Concept of Children’s Ri...AkashSharma618775
Children’s rights as set out in national and international instruments outline the fundamental obligations
of society that are essential in meeting the needs of children. In Nigeria, the policies on the rights of children and
young persons have been guided by the principles set out in the United Nations Convention on the Rights of the
Child and the African Charter on the Rights and Welfare of the Child, as well as those in the Child’s Rights Act of
2003. Despite this, there are still challenges to the protection of children’s rights. Using a doctrinal methodology,
the paper examines the history of the development of children’s rights before discussing some of the theories and
approaches to children’s rights. The paper considers that the concept of children’s rights has been appreciated in
Nigeria, as children are recognised as an important part of the society. However, there are differences from the
western concept of children’s rights as well as societal issues which may lead to challenges in the acceptance and
implementation of internationally recognised standards. Ultimately, to make children’s rights a reality, the existing
theories need to be merged with the unique cultural norms in Nigeria.
Analysis on Juvenile Delinquency and JusticeIRJET Journal
The document discusses juvenile delinquency and justice in India. It begins by defining key terms like juvenile, delinquency, and justice. It then provides a brief history of juvenile justice in India, noting laws and acts established since the 1850s. Major milestones included the 1960 Children Act, 1986 Juvenile Justice Act, and 2015 Juvenile Justice Act. The 2015 act defined crimes committed by 16-18 year olds and terms like orphaned. It also established organizations to protect children's rights. Data shows the number of juvenile crimes in India and states from 2012-2021, with the most crimes in Maharashtra, Madhya Pradesh, Delhi, and Tamil Nadu. The paper distinguishes the juvenile justice
This document summarizes a paper presented at a faculty seminar on the protection, treatment, and rehabilitation of children in the juvenile justice system in India. It discusses key concepts like what defines a juvenile, juvenile delinquency, and India's juvenile justice system. It notes issues like inadequate facilities and treatment of juveniles as well as a lack of funds and guidelines. The conclusion calls for close coordination between police, courts, and social services to effectively rehabilitate juveniles and prevent them from criminal behavior.
Juvenile Justice And The Criminal Justice SystemToya Shamberger
The juvenile justice system aims to rehabilitate juvenile offenders rather than punish them. It recognizes that juveniles are still developing and can be reformed. However, some argue juveniles should face tougher consequences to deter crime. This document discusses the history and goals of the juvenile justice system, including landmark Supreme Court cases that established juveniles' constitutional rights in the system. It also examines different approaches to treating juvenile offenders and the challenges of addressing their rehabilitation and public safety.
The document discusses youth sentencing in England and Wales. It outlines the principles that courts consider when sentencing youth, including prevention of offending, welfare of the child, and proportionality to the seriousness of the crime. Tensions can arise between these principles. The principal aim is to prevent offending while having regard for the child's welfare. Severe sentencing may prevent crime in the short term but increase chances of reoffending long term. The document also provides statistics on the number and ages of youth in prisons, the costs, reconviction rates, and types of secure facilities for sentencing youth like Secure Training Centers and Young Offender Institutions.
Juvenile justice in India ppt prepared by Rajashree J Jawalesundarsasane
- Children in India constitute about 35% of the total population and face many vulnerabilities. The document discusses the problems faced by children in India, international conventions on children's rights, and the juvenile justice system in India.
- Key legislation discussed includes the Juvenile Justice Act 2000 and 2014, which established a system for dealing with children in conflict with the law as well as those in need of care and protection.
- There is an ongoing debate around the treatment of 16-18 year olds who commit serious crimes, with some arguing they should be tried as adults, while others believe a rehabilitative juvenile justice approach is most appropriate.
In this letter petition, a very serious issue touching upon he rights of juvenile delinquent is raised. It is pointed out that many times when the accused persons are arrested by the Police and even when they happen to be children, they are lodged in Tihar Jail and subjected to the hardship of Adult Criminal Justice System. This may happen due to sheer negligence, omission or even deliberately.
HAQ: Center for Child Rights
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New Delhi - 110017
Tel: +91-26677412,26673599
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Website: www.haqcrc.org
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Judgment Dated 11-05-12 in Court on its Own Motion Versus DWCD
juvenile justce final paper
1. PAPER
TO BE PRESENTED
AT
NATIONAL SEMINAR
ON
„JUVENILE JUSTICE AND HUMAN RIGHTS:
(CONTEMPORARY ISSUSES CHALLENGES AND OPPURTUNITY)
SUBTHEME: SETTING AGE FOR CRIMINAL RESPONSIBILITY; WHETHER SUCH AGE NEEDED TO
LOWER FOR SERIOUS CRIMES LIKE RAPE AND MURDER? JUDICIAL APPORACH
ORGANISED BY
THE ICFAI UNIVERSITY,
FACULTY OF LAW, DEHRADUN
…………………………………………………………………………………………………
TO BE PRESENTED BY
MISS. PARIKRAMA. JAIPRAKASH KHOT
LAW STUDEENT (NLCVTH YEAR)
MANIKCHAND PAHADE LAW COLLEGE,
AURANGABAD, MAHARASHTRA
CONTACT – 8275354002, 9850596842
EMAIL –advpjkhot@gmailcom
NATIONALITY- INDIAN
2. ABSTRACT
“Childhood is a notion that is subject to constant revision in any given era or place”- this
phrase has assumed significant importance in the present legal scenario making it inevitable
to analyze if this understanding is indeed true or not. In the aftermath of NIRBHAYA‟S case
in India a big debate arose with regard to correctness of exiting age of criminal responsibility
in India.
There was a great hue and cry to revisit the minimum age of criminal responsibility at least in
case of heinous and serious offences. Because of the great rising pressure from the public at
large, the Indian cabinet has introduce far reaching changes in the Juvenile law and has
introduced a new bill i.e. JUVENILE JUSTICE ( CARE AND PROTECTION OF
CHILDREN) ACT 2014 ,and empowered the juvenile boards to try the juvenile in heinous
and serious offences like rape murder etc.
But it must be made clear that the object of this new bill is to REFORM and not to PUNISH.
as according to present juvenile law, any case relating to minor can be tried only in juvenile
board and the maximum sentence awarded is only three(3) years without any distinction of
any kind of crime , this resulting no deterrence for law among the teenagers.
As a result of which on the year 2013 there was overall 13% increase in the offence rate by
the juvenile‟s. Previously there were 27,936 juvenile offender in 2012. But this number rose
to 31,725 in 2013. And the highest rate if increased offences are offences against women.
According to report of NCRB, there is
132.3% increase in rate of Assault.
70.5% increase in offences of insult or out raging the modesty of women.
And 60% increase in cases of Rape.
According to the report in 2013 approximately 1396 juvenile were booked for
the offence of rape.
Thus the hon. Apex court in SALIL BALI VS. UNION OF INDIA ( W.P 10 OF 2013) held
that „ the age of criminal responsibility in a legal system that recognize the concept of age of
3. criminal responsibility for juvenile should not be fixed at too lower the age level, keeping in
mind the emotional, mental and intellectual maturity of the juvenile.‟
To conclude my abstract I would like to quote a statement of MR. G.E. VAHANAVATI,
hon. Attorney general of India “why a minor has turned offender?? Has the society failed??
OBJECTIVE
This research has be done with the broader objective of understanding the present juvenile
law and the need for amendment in it in order of revisiting the minimum age for setting
criminal responsibility especially in cases of heinous crimes.
METHODLOGY
As this subject is a vital legal issues in present legal scenario researcher have adopted both
doctrinal and non. Doctrinal methods for deep and detail research of the topic.
KEYWORDS
Minimum age, revisiting age of criminal responsibility, heinous offences,
4. INDEX
1. Introduction
2. Objective
3. Definition
4. Historical development of children law in India
5. Age for setting criminal responsibility in India
a. Legal basis
b. Scientific basis
6. Global scenario on the issue of age
7. The number speaks
8. The voice of common man
a. For the motion
b. Against the motion
9. The judicial approach
10.Recommendations
11.conclusion
5. INTRODUCTION:
“OUR GREATEST NATURAL RESOURCE IS THE MINDS OF OUR CHILDREN!”
WALTER DISNEY 1
Children are the future of our country. So it is responsibility of every one that they should get
a safe and secure environment. As they are greatest natural resource and asset of any country,
they must be allowed and provided opportunity to grow up to become robust citizens,
physically fit, mentally alert and morally healthy, endowed with skills and activations needed
by the society. They must be provided with equal opportunities for development during the
period of their growth.
But, the delinquent behavior of this important asset of country has now
become issue of great concern. Juvenile delinquency is on increase today and is raising one of
the major issues faced by the world at large. The last decade has witnessed a huge leap in the
rate of juvenile crimes.
Brutal assault and rape incidence on 16th
December 2012 generated a
wave of shock and anger not only in India but also in the whole world. The heinous act in
which one of the accused was alleged to be juvenile raised a fresh debate on revisiting the age
of juvenile in India. It once again raises voice on setting minimum age of criminal
responsibility especially in case of heinous and serious offences like rape and murder.
OBJECTIVE:
The objective of this research is to find out answers of few important questions like,
Are the juvenile laws in the country too soft and lenient and require reconsideration?
How does one can ascertain reasonable punishment for a child?
How can one ensure deterrence as well as reformation and restoration?
1
www.brainyQuotes.com
6. Is it the need of hour to revisit the age for setting minimum age of criminal
responsibility?
Impact of global scenario
This research is done with the broader objective of understanding the present juvenile
law and need of amendment in it to curb the issue of juvenile delinquency.
DEFINATION:
Before finding answers to the above mentioned questions, it is important to know the
meaning of few basic terms.
CHILD:
1. According to Wikipedia, the free encyclopedia,
. “Biologically, a child is a human between the stages of birth and puberty”
2. The United Nations convention on the RIGHTS OF CHILD2
, defines child as,
“Human being below the age of 18 years unless under the law applicable to child,
majority is attained earlier.”
(This definition is ratified by 192 out of 194 member countries of U.N.O)
JUVENILE:
1. According to Cambridge learners dictionary,
“Juvenile is relating to a young person not old enough to be considered as an adult.
2. According sec. 2(k) of the juvenile justice (care and protection of children) act,
2000 “juvenile or child means a person who has not completed eighteenth years of age.
MINIMUM AGE FOR SETTING CRIMINAL RESPONSIBILITY (MACR)
“IT is the age below which a person is immune from any criminal liability due to lack of
maturity and judgment to understand the consequences of one‟s actions.”
2
7. HISTORICAL DEVELOPMENT OF JUVENILE LAW IN INDIA:
“The more you know about the past, the better you are prepared for the future.”
Theodore Roosevelt 3
So, while discussing this important issue of setting minimum age for criminal
responsibility, we must first put a glance on the historical development of children law in
India.
The first special legislation for juvenile in India was enacted in 1850 with THE
APPRENTICE ACT, requiring children aged 10 to18 convicted in court to be given
vocational training as part of their rehabilitation. Next was the REFORMATORY
SCHOOLS ACT, 1876 & 1897. Under this act the court could detain delinquents in a
reformatory school for period of 2 to 7 years, but only up to 18 years of age. Then came
THE INDIAN CHILDREN ACT from INDIAN JAIL COMMITTEE( 191-1920) . also
provisional government enacted special legislation separately for their respective area,
containing provision of specialized mechanism for treatment of juvenile.
The law relating to young people went through number of chances from time to time
until THE JUVENILE JUSTICE ACT, 1986 defined juveniles as under 16 for BOYS and
under 18 for GIRLS. However this act was critised by human activist, because it put
children who had committed crime in reformatories alongside those who were neglected
and in need of care from state.
In 2000, India raised its definition of a male juvenile to 18 from 16 under the
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) Act, 2000. Actually
doing so was a part of nation‟s obligation under the United Nation‟s obligation under the
United Nation‟s Convention.
Later an amendment was made to the Act in 2006, with main emphasis on speeding up
administration of justice for Juveniles and the Model Rule 2007. Later on based on
resolution passed by the CONFERENCE OF CHIEF JUSTICE OF INDIA IN 2009, several
High courts constituted JUVENILE JUSTICE COMMITTES to be headed by sitting judges
of High court. The JJ Act was further amended in 2011 and some provisions in the original
Act of 2000 were deleted as they were discriminatory to the person affected from leprosy.
3
8. AGE FOR SETTING CRIMINAL RESPONSIBILITIES IN INDIA:
The domestic law of all country has laid down a minimum age below which a person is
exempt from prosecution and punishment. The rationale for such exempt is the „MEN‟S
REA‟ i.e. not to criminalize the Act‟s of those who at the time of commission of crime do
not know the right from the wrong .Persons below that age do not realize nor intended the
consequences of their act.
However this age can fixed by taking into consideration two important issues:
Legal basis for fixing the age
Scientific basis for fixing the age
1. Legal basis for fixing the age:
The JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT,
2000, is in tune with the provision of the Indian constitution, the highest law of the
land and the various declaration and conventions adopted by the world community
represented by the United Nations. The basis of fixing of the age till when a person
could be treated as a child at eighteen years in the JJ (CPC) ACT, 2000 was the
Article 1 of the UNITED NATIONS CONVENTION OF THE RIGHTS OF THE
CHILD.
While generally treating eighteen to be the age till which a person could be
treated to be a child, it also indicates that the same was variable where national laws
recognize the age of majority earlier.
2. Scientific basis for fixing the age:
In this regard, one of the other consideration which weighed with the legislation in
fixing the age of understanding at 18 years is on account of the scientific data that
indicates that the brain continues to develop and the growth of a child continues till he
reaches at least the age of eighteen years and that is at that point of time that he can be
held fully responsible for his actions. Along with the physical growth, mental growth
is equally important in assessing the maturity of any person.4
4
Salil bali vs. union of India wpc no. 10 of 2013
9. GLOBAL SCENARIO ON THE ISSUSE OF AGE:
1. SCENARIO IN CANADA5
:
In regard to Canada, it was referred to The Youth criminal justice act, (YCJA)
2003, as amended from time to time, where the age responsibility has been fixed
at twelve (12) years. However, it is interesting to note that, according to criminal
Justice Delivery system in Canada, youth between the ages of 14 to 17 years
may be tried and sentenced as an adult in certain situations.
2. SCENARIO IN U.S.A6
:
In U.S.A, in several states, no set standards have been provided, reliance is placed
on the common law age of seven in fixing the age of criminal responsibility, the
lowest being six years in North Carolina as per Juvenile Justice and
Delinquency Prevention Act, 1974.
The general practice in the U.S.A however, is that even for children, the courts
are entitled to impose life sentences in respect of certain types of offences, but
such life sentences without parole were not permitted for those who are below the
age of 18 years convicted of murder or offences involving violent crimes and
weapons.
3. SCENARIO IN ENGLAND AND WALES:
In England and Wales, children accused of crimes are generally tried under the
Children and Young Persons act, 1963, the minimum age of criminal
responsibility is ten( 10) years and those below the said age are considered as doli
in capax, which is similar to the provision of sec. 82 & 83 of IPC.
5
THE YOUTH CRIMINAL JUSTICE ACT, 2003
6
JUVENILE JUSTICE AND PREVENTION OF DELIQUENCY ACT, 1974
10. THE NUMBERS SPEAK:
Let‟s put a glance on the number of incidence and rate juvenile in conflict with
law
S.N. YEAR JUVENILE
CRIME
TOTAL
COGIZABLE
CRIMES(TCC)
RATE OF
CRIME%
1 2002 18560 1780330 1.8
2 2003 17819 1716120 1.7
3 2004 19229 1832015 1.8
4 2005 18939 1822602 1.7
5 2006 21088 1878293 1.9
6 2007 22865 1989673 2.0
7 2008 24535 2093379 2.1
8 2009 23926 2121345 2.0
9 2010 22740 2224831 1.9
10 2011 25125 2325575 2.1
11 2012 27936 2387188 2.3
NATIONAL CRIME RECORD BUREAU REPORT OF 2012
A study of crime rate in past decade shows that even though the
percentage of juvenile crime compared to total crime has increased by
a mere 0.7% over the span of 10 years, but the percentage of juvenile
involved in the offence of Rape has increased by an alarming 53%.
The police in the country have booked as many as 1316 juveniles on
rape charges in 2013.
One of the 1316 offenders was a 13 years boy in Coimbatore who
sexually abused his 5 years old neighbor.
In 2013 there was highest increase in crime against women.
132.3% rise in case of assault
70.5% increase in insult
60% increase in rape
11. The numbers speaks for them.
THE VOICE OF COMMON MAN:
AGAINST THE MOTION( NO NEED OF REVISITING THE AGE OF
SETTING CRIMINAL RESPONSIBILITY):
1. Children need love, especially when they think they don’t deserve it.
Harold s. Hulbert, child psychiatrist
2. Concept of age is very crucial matter. If a person is minor or child, he cannot be
tried in the same manner, as that of an adult since at the time of the commission of
the crime, the child was not capable of understanding the degree of such offences
nor did he understand the consequences of his action.
3. The minor or child lacks MEN‟S REA i.e. an essential element to decide to decide
criminal liability and was doli incapax i.e. incapable of understanding the right
from the wrong.
4. During the adolescence year‟s children are still trying to deal with h society, their
own inner battle peer pressure, lack of direction, impulsiveness and lack of
identity. At such age when they shoulder no responsibility, maturity is not
expected from them to understand the consequences of their act. Therefore, it will
be unjust to convict them in manner of adults.
5. Psychologically speaking, it can be said that, problems lies with the parents and
not the child, which means it is primary duty of parents and primary education
moral and responsibilities.
FOR THE MOTION( YES, REVISITING THE AGE IS NEED OF THE
HOUR):
1. A crime is a crime. No matter what the age is only because a child commits a
crime it does not mean that the victim didn‟t suffer.
2. They also argue that the juvenile courts have been established with the age
factor in mind rather than focusing on the crime factor.
3. Trying juvenile as an adult especially for heinous and serious offences will not
make them understand the consequences of their action , but also deter them
from committing any further crime and they will be fully aware that they are
not given any special consideration because of their age factor.
12. 4. It is also argued that by trying juvenile as adults will lower the crime rate in
society and make it a safer place to live when there are harsh punishments to
juvenile who commit serious and heinous offences others will learn from them
n& will deter them from committing crimes.
5. Also if any individual although juvenile / child infringe life, liberty, and the
purist of happiness, they should be tried as adult regardless of their age.
6. When a 12 year old of 1860 was mature enough to understand the
consequences of his acts, then a 12 year old of 2015 who is exposed to so
much of information, social media surely has at least similar if not more
capabilities. Then on the paradigm of understanding and maturity, why a
juvenile should be treated preferentially.
7. Ranjana kumari, of centre for social research- said that” rehabilitation
sentence for the youth in Delhi gang rape and murder case had left a great
discomfort throughout India. He woul; d be responsible only if he is 18 instead
of 17 and half. Justice has not been delivered; rather it has sent a message to
society and youth especially that you can get away with it if you are under 18.
THE JUDICICAL APPORACH:
IN Sheela Barse vs. secretary, children aid society, (AIR 1987 SC 656)
THE HON Supreme court commented upon setting up dedicated juvenile courts and special
Juvenile courts officials and the proper provision of care and protection of children in
observation homes. Hon. Supreme Court also stated that reducing the age of juvenile may be
violation of our prestigious constitution.
The hon. Apex court in SALIL BALI VS. UNION OF INDIA ( W.P 10 OF 2013) held that
„ the age of criminal responsibility in a legal system that recognize the concept of age of
criminal responsibility for juvenile should not be fixed at too lower the age level, keeping in
mind the emotional, mental and intellectual maturity of the juvenile.‟
13. RECOMMENDATIONS:
1. Separate facilities should be used for children who are detained namely no mixing
with adults.
2. The policemen and especially “special juvenile police unit” should work tighter with
other trunks of the society to fuel the working of the apprehension of juvenile; they
should be trained in child psychology.
3. The media should now act more responsibly. Instead of blatantly displaying violence
and crimes, media acting as a double edged tool, should educate and reflect upon the
violence or the crime scene, along with the message on how bad it is and its fatal
consequences, which are bestowed upon the offender.
CONCLUSION:
Juvenile delinquency is a tremendous burden on the society and keeping in mind the present
situation, it can be said that the number of crimes being committed by the juveniles is
increasing and is increasing and is to be checked. The crimes are sometimes of heinous nature
like murder, rape, robbery; Age must not be a sole criterion to award a lenient punishment to
the offender.
Finally I would like to conclude, with a thought,
“We are guilty of many errors and many faults but our worst crime is abandoning
the children neglecting the foundation of their life many of things we need can wait but the
child cannot. Right now is the time his bones are being formed his blood is being made and
his senses are being developed. To him we cannot answer tomorrow his name is today”7
7
Gabriela mistral, Nobel Prize winning poet from Chile