Did the juvenile justice act fulfilits objective?Comment in 500 words.
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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 laws are characterized by the 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. The extension of the concept of juvenile delinquency towider 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.
The first legislation converning children which came in 1850 was the Apprentic Act which provided that children in the age group of 10-18 convicted by courts were intended to be provided with some vocational training which might help their rehabilitation. It was followed by Reformatory Schools Act, 1897. The Indian Jail Committee (1919-1920) brought to the fore the vital need for square trial and treatment of young offenders. Its recommendations prompted the enactment of the Children Act in Madras in 1920. This was followed by Bengal and Bombay Acts in 1922 and 1924 respectively. The three poineer statutes (i.e. Acts concerning Madras, Bengal and Bombay) were extensively amended between 1948 and 1959.
In 1960 at the second United Nations Congress on the Prevention of Crime and Treatment of offenders at London this issue was discussed and some therapeutic recommendations were adopted.
The Central enactment, the Children Act, 1960 was passed to cater to the heads of the Union Territories. To remove same inherent lacuane of the above mentioned Act, the Children (Amendment) Act was passed in 1978. But the need of a uniform legislation regarding juvenile justice for the whole country had been expressed in various fora, including Parliament but it could not be enacted on he ground that the subject matter of such a legislation fell in the State List of the Constitution. To bring the operations of the juvenile justice system in the country in conformity with the UN Standard Minimum Rules for the Administration of Juvenile Justice, Parliament seems to have exercised its power under Article 253 of the Constitution read with Entry 14 of the Union List to make law for the whole of India to fulfill international obligations. On 22nd August, 1986, the Juvenile Justice Bill, 1986 was introduced in the Lok Sabha.
The first legislation converning children which came in 1850 was the Apprentic Act which provided that children in the age group of 10-18 convicted by courts were intended to be provided with some vocational training which might help their rehabilitation. It was followed by Reformatory Schools Act, 1897. The Indian Jail Committee (1919-1920) brought to the fore the vital need for square trial and treatment of young offenders. Its recommendations prompted the enactment of the Children Act in Madras in 1920. This was followed by Bengal and Bombay Acts in 1922 and 1924 respectively. The three poineer statutes (i.e. Acts concerning Madras, Bengal and Bombay) were extensively amended between 1948 and 1959.
In 1960 at the second United Nations Congress on the Prevention of Crime and Treatment of offenders at London this issue was discussed and some therapeutic recommendations were adopted.
The Central enactment, the Children Act, 1960 was passed to cater to the heads of the Union Territories. To remove same inherent lacuane of the above mentioned Act, the Children (Amendment) Act was passed in 1978. But the need of a uniform legislation regarding juvenile justice for the whole country had been expressed in various fora, including Parliament but it could not be enacted on he ground that the subject matter of such a legislation fell in the State List of the Constitution. To bring the operations of the juvenile justice system in the country in conformity with the UN Standard Minimum Rules for the Administration of Juvenile Justice, Parliament seems to have exercised its power under Article 253 of the Constitution read with Entry 14 of the Union List to make law for the whole of India to fulfill international obligations. On 22nd August, 1986, the Juvenile Justice Bill, 1986 was introduced in the Lok Sabha.
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Juvenile Justice Act aims at achieving the following objectives
1. Lay down uniform frame work of juvenile justice in the country
2. To provide for specialized approach towards prevention and treatment of juvenile delinquency in its full range in keeping with the development needs of the child
3. To spell out the machinery and infrastructure required for the care, protection, treatment, development and rehabilitation of various categories of children coming within the purview of the juvenile justice system.
4. To establish norms and standards for the administration of juvenile justice in terms of investigation and persecution, adjudication and disposition and care, treatment and rehabilitation
5. To develop appropriate linkages and coordination between the formal system of juvenile justice and voluntary agencies engaged in the welfare of neglected or society maladjusted children and to specially define the areas of their responsibilities and roles.
6. To constitute social offences in relation to juveniles and provide for punishment therefore
7. To bring the operation of the juvenile justice system in the country in conformity with the UN Standard Minimum Rules for the Administration of Juvenile Justice.
There is evidence that training and treatment programs delivered within the framework of juvenile justice, where these have been singled out as worthy of an elaborate scientific evaluation, have a modest effect, on average in changing the future behavior of young offenders. Just a few programs have much larger effects, but these are a small selection from an already select bunch. Probably there are fundamental reasons why these effects will always be relatively modest. Young offenders are often unwilling captives. They may not want to change, or may not recognize that a different pathway in life is a realistic possibility for them.
1. Lay down uniform frame work of juvenile justice in the country
2. To provide for specialized approach towards prevention and treatment of juvenile delinquency in its full range in keeping with the development needs of the child
3. To spell out the machinery and infrastructure required for the care, protection, treatment, development and rehabilitation of various categories of children coming within the purview of the juvenile justice system.
4. To establish norms and standards for the administration of juvenile justice in terms of investigation and persecution, adjudication and disposition and care, treatment and rehabilitation
5. To develop appropriate linkages and coordination between the formal system of juvenile justice and voluntary agencies engaged in the welfare of neglected or society maladjusted children and to specially define the areas of their responsibilities and roles.
6. To constitute social offences in relation to juveniles and provide for punishment therefore
7. To bring the operation of the juvenile justice system in the country in conformity with the UN Standard Minimum Rules for the Administration of Juvenile Justice.
There is evidence that training and treatment programs delivered within the framework of juvenile justice, where these have been singled out as worthy of an elaborate scientific evaluation, have a modest effect, on average in changing the future behavior of young offenders. Just a few programs have much larger effects, but these are a small selection from an already select bunch. Probably there are fundamental reasons why these effects will always be relatively modest. Young offenders are often unwilling captives. They may not want to change, or may not recognize that a different pathway in life is a realistic possibility for them.
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