By Aditya Singh Raghav
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In the last few decades, it has been seen that the crime rate where the perpetrators are in the age group of 16 to 18 years has increased at a very high rate. It is important to protect children of this age group because these children can be easily manipulated and poor circumstances can force them to do illegal acts. A child may go against the law due to several reasons like lack of education, poverty, unhealthy socio-cultural environment, etc. This criminal behavior by a child is known as juvenile delinquency. The first important legislation on juvenile justice in India was enacted in the year 1850 by the British, which was known as the Apprentice Act. In 1897, the Reformatory Schools Act was passed in India, which was succeeded by the Children Act of 1960, implemented in all the states and further amended in the year 1978 through the Children Amendment Act. Then came the Juvenile Justice Act of 1986 which provided a broad interpretation of juvenile justice in India. It provided for the care, protection, treatment, development and rehabilitation of juvenile delinquents. Then, in 2000, came the Juvenile Justice (Care and Protection of Children) Act 2000, and finally, after changes and in the wake of the Delhi gang rape case in the 2012, the Juvenile Justice Act 2015 was enacted.
First it is important to know some basic definitions regarding the Juvenile Justice system.
Who is a juvenile?
Section 2(k) of the 2000 Act defines a juvenile as a person who has not completed 18 years of age, the maturity age as prescribed in the law.
Difference between minor and juvenile
Any person below 18 year of age is considered a minor or a child, and not yet an adult in the eyes of law. Juvenile is a term used to impose legality, and is generally used in the context of offences. The term “juvenile” is used for a person between the age of 16 and 18 years; and when this person is accused of a crime, they are known as a juvenile offender.
Juvenile Delinquency
When minors get involved in crimes, it is known as juvenile delinquency, and she or he is called as juvenile delinquent. There can be several reasons for this:
1. Family factors – poor upbringing, poverty, abuse etc.
2. Use of drugs and other illegal substances – a child under high influence of alcohol or drugs may engage in illegal activities as he cannot control his actions
3. Lack of education and lack of moral guidance
4. Individual factors – impulsive behavior or aggressive behavior cause, and other mental health related factors
The next article in the series explains the first major step taken by the government to protect the interest of children – the Juvenile Justice Act of 2000.
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Aditya is a 2nd year law student at National Law University Delhi. An adventurous person, he actively participates in sports activities and loves to go trekking. He is a football fan and you can easily find him discussing football matches with his friends. His interests include Commercial Law, Constitutional Law, Criminal Law and Competition Law.
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