A critical study on the Juvenile Justice System in India and it’s origins, growth and development upto present stage

Krishna Moni Sarma

Abstract


This paper represents the origins and development of Juvenileism and also Juvenile Justice system in India as incorporated under the Juvenile Justice (Care and Protection of Children) Act, 2000 as amended. From the critical study of the subject it has become crystal clear that the concept of juvenile justice has it’s origins as old with the passing of resolution in the U.N. Convention on the right of child (CRC) and the African charter on the rights of Child (ACRWC). The constitution of India provides several provisions for safeguarding the right of the children. In this paper attempt has been made to highlight the law relating to juvenile justice system in India and also steps taken by the state to reform the juvenile who are in conflict with law by amendment of the juvenile justice (Care and Protection of Children) Act in the year 2015, which leads to amendment after the gang rape of paramedical student at enclose of where accused got the benefit of juvenileism only for few months to complete 18 years and in this amendment whole act was recast to make comprehensive provision for children in conflict with law taking into consideration the standard prescribed in the convention of the right of the child. By this amendment though the child is defined as a person who hasn’t completed 18 years but when he or she is found in conflict with law the juvenile justice board will decide examining physical appearance whether the child will be tried by the ordinary criminal court or by the juvenile court.

Keywords


Juvenile, Juvenile Justice System, Growth of Juvenile Justice System, Rights of Child, Juveniles in conflict with law and Juvenile Justice Board

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Published by Centre for Environment, Education and Economic Development (CEEED), Assam.