Juvenile Justice And Delinquency - Nirbhaya Case Study

Mahek Karanjawala, BA. LLB (H), Amity University, Uttar Pradesh

ABSTRACT

The term delinquency was first defined by Coleman in 1981 as the behavior of youths, less than 18 years of age, which is not acceptable to society and is generally regarded as calling for some kind of admonishment, punishment or corrective actions. Thus, juvenile delinquency is defined as the conduct by a juvenile, characterized by antisocial behavior, that is beyond parental control and therefore subject to legal action.

If we look at the history of juvenile delinquency it is evident as to how the concept and the ways of dealing with juvenile delinquents has changed over the years.

Historically speaking, the concept of juvenile delinquency was first derived from the fact that a child committing a crime is abnormal and such situations cannot be amended within the general framework of the traditional criminal laws. Under both, Hindu and Muslim law, there are provisions for the proper upbringing of a child. Under these laws, it is the sole responsibility of the parents to provide care and protection for the child. In case, the families were unable to protect the child then someone from the community would step in and protect the child. The Hindu as well as the Muslim laws provide for punishing the children for certain offences. Under Hindu law, if a child is found throwing filth on a public-road then either the child is made to clean it or an adult has to pay a fine for the act. Prior to the English ideology, if any offence was committed by a child, they would not be punished according to the laws that were applicable on the adults. The Apprentices Act, 1850 was the first English Law that dealt with children in distress who were trained for trade and industry. This act stated that children under the age of 15 years, who had committed petty crimes would be bound as apprentices and the first center for such children was called “ragging school”. With the introduction of the British laws, the Whipping Act of 1864 was introduced. It aimed to punish juveniles through whipping and then setting them free. This act was meant to deter them from committing another crime in the future. It was only after India gained independence, that the Juvenile Justice Act, 1986 was introduced. It focused on providing care, protection, rehabilitation and development of delinquent juveniles. It was introduced to provide a uniform system and procedure with respect to juvenile justice all over the country. Under this act the age of a male juvenile is 16 years and female juvenile was 18 years. This law was passed prior to the United Nations Convention on the Rights of the Child, 1989 which was ratified by India in 1992. Following this, The Juvenile Justice Act, 2000 was introduced and later was amended to increase the age of a juvenile (both male and female) to 18 years, which was in accordance with the international ratified laws. After the 2012 Nirbhaya gang rape case, the juvenile justice system of India faced several changes. The Rajya Sabha passed the Juvenile Justice bill which sought to replace the Juvenile Justice Act, 2000. In 2015, the Juvenile Justice (Care and Protection) Act was introduced, which sought to make major changes in the Juvenile laws.

This paper aims to study the changes in the juvenile laws and focuses on whether these laws are feasible to reduce the ever-increasing problem of juvenile delinquency in India.