Juvenile Justice System in India

 Claim of Juvenility

The first and most debatable question among the legal fraternity and socialists is the “claim of juvenility”. The claim of Juvenility is to be decided by Juvenile Justice Board. The Board has to decide the claim of juvenility before the court proceedings but the claim of juvenility can be raised before the court at any stage of proceedings and even after the disposal of the matter by the Board. The Board had to consider Rule 12 of the Juvenile Justice Rules, 2007 in order to determine the claim of juvenility. In the case of KulaiIbrahim v. State of Coimbatore, it was observed by the Court that the accused has the right to raise the question of juvenility at any point of time during the trial or even after the disposal of the case under Section 9 of Juvenile Justice Act, 2015.



Juvenile Justice System in India

Like other countries, India has also made legal provisions that mainly and specifically deal with the rights and protection of juvenile offenders which seeks to tackle the problem of juvenile delinquency. The Juvenile Justice System in India is made on the basis of three main assumptions:

1. Young offenders should not be tried in courts, rather they should be corrected in all the best possible ways,

2. They should not be punished by the courts, but they should get a chance to reform

3. Trial for children in conflict with the law should be based on non-penal treatment through the communities based upon the social control agencies for e.g. Observation Homes and Special Homes.

Given below are a few salient points about the Juvenile Justice Act:

Enactment Date: December 31, 2015

Short Title: The Juvenile Justice (Care and Protection of Children) Act, 2015.

Long Title: An Act to consolidate and amend the law relating to children alleged and found to be in conflict with the law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, herein under and for matters connected therewith or incidental thereto.

Ministry: Ministry of Women and Child Development

Enforcement Date: January 15, 2016

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