Updated November 10, 2022
The social infra of any country is decided by the action of children and youth. Children are considered priceless assets of society for their honest nature. They imitate what we teach them as a society. Children have their subconscious mind active and are capable of doing everything. It’s our prime duty to guide them in the right direction. We should teach them about the importance of ethics, morals values, and culture so that they can differentiate the wrong and the right.
Not only sacrament but various other elements like basics requirements and equal opportunities are also required for a juvenile to lead the right path. During the period of growth, all children should be provided equal access to every opportunity for development and It is the prime duty of the government to ensure these requirements. Providing equal opportunities means providing education, water, and sanitation but when government and society lagged in behind, they get involved in crimes, and these crimes are known as juvenile crimes.
Today, the biggest threat to any nation is juvenile crime. It is increasing at a rapid speed in every part of the world. Recently, many juveniles are found to be involved in various heinous crimes such as murder and rape cases. This is all happening because of the degradation of moral values, and the poor enforcement of laws by the government. A Government should take appropriate measures to eradicate juvenile crimes.
who are juveniles?
Juvenile means a person who is a child, youth, minor, etc. In Formal terms, a juvenile is a person who has not attained the age of eighteen years. Under the law, a person who has not yet attained a certain age can’t be held liable for his offense like an adult. It has legal importance. As per the Juvenile Justice (Care and Protection) Act, 2000, a person who hasn’t yet attained the age of 18 shall not be treated as an adult even if he/she is involved in any criminal act for the purpose of trial and punishment in the court of law.
Juvenile crimes in India
Juvenile crime in India is increasing day by day. Heinous crimes such as robbery, murder, rape, and dacoity along with crimes such as snatching, theft, and burglary which are not serious in nature are at the peak in the country. And, the majority of the accused are juveniles between the age of 18 to 16.
We all are familiar with the Nirbhaya case which took place on 16 December 2013 shocked the whole country. Among all 5 culprits of the Nirbhaya case, 1 was a child or juvenile.
Causes Associated with Juvenile Crimes
We as a human being losing our moral and cultural values day by day. Poor enforcement of law and the degradation of moral values are the prime reasons for juvenile crimes. No one is a criminal by birth, its environment, and circumstances created by us makes one. There are various reasons like lack of education, drug abuse, anti-social peer group, poverty, lack of moral values, and role of media, which make a juvenile criminal but in India poverty, Lack of education, and moral values are the primes among them all.
Enactment for Juvenile Crimes
Juvenile Justice (Care and Protection of Children) Act, 2015 has been passed by the Parliament of India amidst intense controversy, debate, and protest on many of its provisions by the Child Rights fraternity. It replaced the Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000. According to JJ Act, 2000, a juvenile may be kept in an “Observation home” or “children home” during the pendency of proceedings before the competent authority and can be detained for a maximum period of 3 years irrespective of the seriousness of the crime committed by them. But, due to an increase in crimes committed by juveniles Juvenile, Justice (Care and Protection of Children) Act, 2015 was passed to make major changes in the laws. Changes made in the Act are listed below.
(i). It has been proposed that if a heinous crime is committed by a person in the age group of 16 to 18 years, the Juvenile Justice Board will first assess if the said crime was committed by that person as a ‘child’ or as an ‘adult’.
(ii). The Juvenile Justice Board will have a psychologist and social experts in it which would make sure that the rights of the juvenile are duly protected if the crime was committed as a child.
(iii). The trial of the case shall proceed on the basis of the Board’s assessment report that whether the concerned juvenile has committed the crime as a child or as an adult.
Which Section of Constitution Empowers Care and Protect Act
clause (3) of Article 15, clauses (e), and (f) of Article 39, article 45 and 47, impose on the State a primary responsibility of ensuring that all the needs of children are met and that their basic human rights are fully protected.
Way Forward
Juvenile crime is a serious threat to any nation and the major reasons for it is lack of education, improper guidance, lack of moral values, peer pressure, and poor enforcement of the law. So, the government and society together should focus on these things then only juvenile crimes can be eradicated from the country.
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