Laws on process of trial of juveniles in india
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Juvenile Justice System
India is home to the largest child population in the world. The Constitution of India guarantees Fundamental Rights to all children in the country and empowers the State to make special provisions for children. The Directive Principles of State Policy specifically guide the State in securing the tender age of children from abuse and ensuring that children are given opportunities and facilities to develop in a healthy manner in conditions of freedom and dignity.
Juvenile can be defined as a child who has not attained a certain age at which he, like an adult person under the law of the land, can be held liable for his criminal acts. The juvenile is a child who is alleged to have committed /violated some law which declares the act or omission on the part of the child as an offence. Juvenile and minor in legal terms are used in different context. Juvenile is used when reference is made to a young criminal offenders and minor relates to legal capacity or majority.
The Juvenile Justice (JJ) system is based on principles of promoting, protecting and safeguarding the rights of children. It was enacted by the Indian Parliament in 1986. In the year 2000, the Act was comprehensively revised based on the United Nations Convention on the Rights of the Child (CRC), which India had ratified in 1992; the Beijing Rules; the United Rules for the Protection of Juveniles Deprived of their Liberty; and all other national and international instruments, thereby clearly defining children as persons up to the age of 18 years(Section 2 (k) of the Act defines “child‘ as a person who has not completed eighteen years of age. The Act is based on the provisions of Indian Constitution and the four broad rights defined by the UN CRC:
• Right to Survival
• Right to Protection
• Right to Development
• Right to Participation
This Act repealed the earlier Juvenile Justice Act of 1986 and has been further amended in years 2006 and 2011. The Juvenile Justice (Care and Protection of Children) Act, 2000, is the primary legal framework for juvenile justice in India. The JJ Act primarily focuses on the twin interrelated aspects of juvenile delinquency and handling of children in need of care and protection. The JJ Amendment Act, 2006, brought substantive changes to the JJ Act, 2000. It has been enacted to provide for care, protection, development and rehabilitation of neglected, delinquent children and includes within its ambit child labourers. Section 2 (d) (ia) includes ‘working children‘ within the purview of a ‘child in need of care and protection‘. The Act broadened the scope of rehabilitation of the child in need of care and protection, or of a juvenile in conflict with the law, through not only the institutional but also the non-institutional approach.
The JJA creates a juvenile justice system in which persons up to the age of 18 who commit an offence punishable under any law are not subject to imprisonment in the adult justice system but instead will be subject to advice/admonition, counseling, community service, payment of a fine or, at the most, be sent to a remand home for three years.
hope so help u
India is home to the largest child population in the world. The Constitution of India guarantees Fundamental Rights to all children in the country and empowers the State to make special provisions for children. The Directive Principles of State Policy specifically guide the State in securing the tender age of children from abuse and ensuring that children are given opportunities and facilities to develop in a healthy manner in conditions of freedom and dignity.
Juvenile can be defined as a child who has not attained a certain age at which he, like an adult person under the law of the land, can be held liable for his criminal acts. The juvenile is a child who is alleged to have committed /violated some law which declares the act or omission on the part of the child as an offence. Juvenile and minor in legal terms are used in different context. Juvenile is used when reference is made to a young criminal offenders and minor relates to legal capacity or majority.
The Juvenile Justice (JJ) system is based on principles of promoting, protecting and safeguarding the rights of children. It was enacted by the Indian Parliament in 1986. In the year 2000, the Act was comprehensively revised based on the United Nations Convention on the Rights of the Child (CRC), which India had ratified in 1992; the Beijing Rules; the United Rules for the Protection of Juveniles Deprived of their Liberty; and all other national and international instruments, thereby clearly defining children as persons up to the age of 18 years(Section 2 (k) of the Act defines “child‘ as a person who has not completed eighteen years of age. The Act is based on the provisions of Indian Constitution and the four broad rights defined by the UN CRC:
• Right to Survival
• Right to Protection
• Right to Development
• Right to Participation
This Act repealed the earlier Juvenile Justice Act of 1986 and has been further amended in years 2006 and 2011. The Juvenile Justice (Care and Protection of Children) Act, 2000, is the primary legal framework for juvenile justice in India. The JJ Act primarily focuses on the twin interrelated aspects of juvenile delinquency and handling of children in need of care and protection. The JJ Amendment Act, 2006, brought substantive changes to the JJ Act, 2000. It has been enacted to provide for care, protection, development and rehabilitation of neglected, delinquent children and includes within its ambit child labourers. Section 2 (d) (ia) includes ‘working children‘ within the purview of a ‘child in need of care and protection‘. The Act broadened the scope of rehabilitation of the child in need of care and protection, or of a juvenile in conflict with the law, through not only the institutional but also the non-institutional approach.
The JJA creates a juvenile justice system in which persons up to the age of 18 who commit an offence punishable under any law are not subject to imprisonment in the adult justice system but instead will be subject to advice/admonition, counseling, community service, payment of a fine or, at the most, be sent to a remand home for three years.
hope so help u
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