A Critical Evaluation Of The Juvenile Justice System In India

Sujatha Toppo, B.A. LL.B., Sai Nath University, Ranchi Jharkhand

Introduction:

The general topic that is critical evaluation of the Juvenile Justice System in India. This article includes the main idea of juvenile justice. The juvenile means the child their age below the 18 years. The crimes done by children under the age of 15-16 have increased significantly. It understanding the present state of the Juvenile Justice System in India to recourse a history and evaluations. The history of the Juveniles were that they have faced major problems in jail. The constitution of India provides separate treatment for children and women. In this content the special treatment adopted by India for Juveniles of its constitutional philosophy and the international conventions. In the history of an ancient era the Roman law, provided the principle of “doli incapax” and protected young children from prosecution owing to the presumption of a lack of capacity and understanding required to be guilty of a criminal offences. Prior to the Juvenile Justice Act of 2015, 2000 and 1986, there existed the children’s Act of 1960, that aimed to give effects towards the international to issue of juvenile justice to which they provided a uniform policy that protected the interests and rights of a Juvenile and that looked at care, treatment, rehabilitation and development of a child. As a result, the Juvenile Justice Act of 1986 then Juvenile Justice Act of 2000 and recently the Juvenile Justice Act of 2015 was passed by the parliament. In major incident caused on December 16, 2012 of “Nirbhaya Delhi Gang Rape Case”, in this case the whole nation were shocked because of the involvement of accused, who was below the 18 years. The changes of the Juveniles age under the age group of 16-18 years they should be tried as an adult. The act of Juvenile Justice (Care and Protection) Act, 2015. Defines a ‘child’ who has not completed their 18 years. The categories that the “child in conflict with law”, and “child in need of care and protection”. The child who has committed an offence he or she is age under 18 years the commission of the offence is called as “child in conflict with law”.