JUVENILE PROTECTION AND CARE THE CURRENT TREND IN JUVENILE JUSTICE IN INDIA: ISSUES AND CHALLENGES
DOI:
https://doi.org/10.29121/shodhkosh.v5.i5.2024.5680Keywords:
Juvenile, Delinquents, Abilities, Lack, Penalty, CommunityAbstract [English]
Children are the future of nations and the citizens of tomorrow. They are a valuable asset to the country and should be safeguarded from all legal aspects and nurtured in accordance with the provisions of the Indian constitution. The constitution of India aspires to create a robust community and, to achieve this; it has bestowed numerous rights upon children. The chapters on fundamental rights and Directive principles contain comprehensive rules for basic rights such as the right to life, the right to education, freedom of religion and thought, and protection against various forms of abuse and exploitation. A juvenile is typically defined as an individual under the age of eighteen who has been accused or convicted of a crime, either under the Indian Penal Code or any other legislation that prescribes penalty. The population of such children in India is growing rapidly, necessitating the need for care and protection. The Juvenile Justice (Care and Protection of Children) Act 2000 provided a clear definition of the term "juvenile". The United Nations Convention on the Rights of the Child in 1989 has included but not provided clear explanations in its global records. The history of Juvenile justice legislation in India illustrates the categories of marginalized juveniles and juvenile offenders that have been overlooked. Over the course of 80 years, specifically from 1920 to 2000, a strong differentiation was upheld between neglected juveniles and juvenile delinquents. There was no distinct legislation governing the administration of justice for adult criminals and juvenile offenders. It has been observed and acknowledged that children, due to their underdeveloped cognitive abilities, lack the capacity to comprehend the repercussions of their actions. Thus, the notion of segregating juvenile delinquents from adult offenders emerged, leading to the establishment of a distinct system of justice for young offenders.
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