Soumil Singh, BA LLB Hons., School of Law Christ University
ABSTRACT
Children are the most crucial determinant of every nation's development. They are the world's future decision-makers and society's torchbearers. It is easy to anticipate that the country's future is in jeopardy due to children becoming involved in heinous activities. Unfortunately, the number of crimes perpetrated by youngsters has increased dramatically in various countries worldwide, with India being one of them. Juvenile refers to a child who has not attained the age of eighteen. India is a country in the process of evolving. Juvenile crime is on the rise in today's society. The Parliament passed the Juvenile Justice Act of 1986 to provide juveniles' care, protection, treatment, development, and rehabilitation. The primary legal foundation for juvenile justice in India is the Juvenile Justice (Care and Protection of Children) Act, 2000. This Act was revised again in 2006 and 2010. Following the gang rape case in Delhi on 16th December 2012, the law was widely criticised for its ineffectiveness in dealing with crimes involving juveniles, such as rape and murder. In December 2015, Parliament enacted the Juvenile Justice Bill, 2014, which became the Juvenile Justice Act, 2015. Parliament enacted the Juvenile Justice Care and Protection Act of 2015 to address this serious issue. This Act came into effect on 15th January 2016. Section 2(a) of the 1986 Act defined a juvenile as a "boy who has not reached the age of 16 years and a girl who has not reached the age of 18 years."
Meanwhile, India signed and ratified the United Nations Convention on the Rights of the Child (UNCRC) in 1989, which defined a person under 18 as a juvenile. The main object of the research paper is to study whether juvenile justice conflicts with the victims' other rights, as well as to uncover the reasons why a juvenile could commit "heinous crimes." It discovers too many juvenile justice problems in India due to various concerns; however, the study also attempts to determine the reasons and types of juvenile crimes in our society. This research also examines the debate over whether lowering the age can lead to retributive justice rather than reformative and restorative justice.
Keywords: Child rights, juvenile justice, minor, child welfare commission, Juvenile Justice, Legal framework, Parents Patria, Natural Justice, Rehabilitation.
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