Policy Formulation Is A Step In Which Of The Following Laws for Juvenile Delinquents and Children in Need of Care and Protection

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Laws for Juvenile Delinquents and Children in Need of Care and Protection

A child is considered a criminal if he commits an act that is contrary to the currently valid law and at the same time not accepted by society at large. The main juvenile delinquency law currently in force in India is the Juvenile Justice (Care and Protection of Children) Act, 2015.

Various laws have been passed in the past to address the threat of juvenile delinquency, which include:

1. Apprenticeship Act, 1850

It was the first piece of legislation to place children on a different level from adult criminals and offenders. This Act provided that children between the ages of 10 and 18 who have been convicted by a court of law shall be given such vocational training as will assist in their rehabilitation process.

2. Reformatory School Act, 1897

Under this law, the court got the right to detain juvenile delinquents in correctional schools for 2-7 years and also mentioned that the same cannot be continued after such a juvenile attains 18 years of age.

3. Madras Children Act, 1920

It was the first law to introduce the concept of juvenile courts and the same was followed later in juvenile legislation by the Bengal legislature in the Bengal Children Act of 1922, followed by the Bombay Children Act of 1924.

4. Children Act, 1960

This Act was an improvement on previous legislation as it was passed to establish a basic model to follow. It provided very detailed and multi-faceted technical provisions. It provided for the establishment of special child protection agencies specifically designed to deal with cases of neglected children. The law also created a special position for the position of probation officer, whose task was to advise and assist criminals. In addition, it established special courts for children to deal with cases of juvenile delinquents. This Act was the first comprehensive piece of legislation dealing with all aspects of juvenile delinquency

5. National Child Welfare Policy, 1974

This policy was a very welcome step towards the development of children in the country as it laid emphasis on formulating policies that would help in the upbringing and development of children and also emphasized on providing equal opportunities to all children in their developmental stage which is ending. reducing juvenile delinquency rates and would increase the nation’s human resources at large. This policy, along with earlier legislation, helped to frame a uniform code for the implementation of the juvenile justice system in India.

6. Juvenile Justice Act, 1986

India was the first country to enumerate the principles of the UN Standard Minimum Rules for Juvenile Justice by enacting the Juvenile Justice Act, 1986. This Act laid the foundation for the juvenile justice system in India. The law stipulated a special treatment that had to be followed in the prevention and control of juvenile delinquency, the norms and standards for the organization of juvenile justice are laid down. The Act provided an inclusive definition of minor. According to the law, a minor is a young man who has not turned 16 years old and a girl who has not turned 18 years old. It also provided for the formation of special homes for juvenile delinquents and the trial of juvenile cases in special juvenile courts. This Act broadly provided an approach that provided for the care, protection, rehabilitation and treatment of offenders. This Act repealed all previous legislation and constituted the first uniform code of juvenile justice system in India.

7. Juvenile Justice (Care and Protection) Act, 2000

This Act was an amendment to the Juvenile Justice Act 1986. This law entered into force in April 2001. This law ensured that children in need of care and protection, regardless of their religion, were provided with all the necessary resources.

8. Juvenile Justice (Care and Protection) Act, 2014

This law replaces the previously mentioned laws. It provides a provision whereby minors between the ages of 16 and 18 can be tried as adults for serious and heinous crimes. The Act allowed the Juvenile Justice Board to decide whether or not a juvenile should be treated as an adult in a particular case. The Juvenile Justice Commission also includes a psychologist and a sociologist. This law established the provisions of the Hauge Convention of 1993 on child protection and cooperation in intercountry adoption, which were not included in the aforementioned legislation. The law also provides for the adoption of orphaned, abandoned and surrendered children.

9. Juvenile Justice (Care and Protection) Act, 2015

This law is currently in force and is being followed all over India. The law divides minors into two groups;

a. The child is against the law

b. A child in need of care and protection

The law provides a single rule for all children under the age of 18 and an exception for children between the ages of 16 and 18, specifying that they can be tried as adults for a serious and heinous crime. committed by them. On the basis of the said law, imprisonment for various crimes ranging from serious, heinous to petty offenses is prescribed for 3-7 years. It strictly stated that no child could be sentenced to death regardless of the offense he had committed. It also provided for the mandatory formation of a Juvenile Law Commission in each district, chaired by a metropolitan magistrate and two social workers, including a woman. The board is required to conduct a preliminary investigation of the crime committed within a certain period of time and decide whether a particular child should be sent to a rehabilitation center or not. Finally, on the basis of the law, a special court is also established, which is authorized to hear cases of minors, and on the condition that, if such a court is not established, the jurisdiction of the session court is to judge the minor on the basis of this law. The law also requires the formation of a child protection committee.

In addition to these laws, Article 15(3) of the Constitution of India has various provisions on children, which allows the state to make special provisions for the development of children, followed by Article 23, which prohibits human trafficking, forced labor and begging, which was a practice. which had taken advantage of the children. Article 24 also stipulated the prohibition of employment of children under the age of 14. These provisions were established in the constitution to ensure that children’s development is not hindered and they do not develop criminal traits.

The Indian Penal Code and Criminal Procedure Code are not only limited to the Constitution but also have special provisions for children which are:

1. IPC § 82

It provides absolute immunity for a child under the age of 7, affirming that nothing committed by a child under the age of 7 is an offence.

2. § 83 of the Civil Code

This section again states that an offense committed by a child above 7 years of age and below 12 years of age shall not be considered an offense if such child is not mature enough to make the judge understand the consequences of his act.

3. § 317 of the Civil Code

Whoever is the father or mother of a child under the age of 12 years, who has the care of such child, exposes or leaves such child in any place with intent to completely abandon such child, shall be punished with imprisonment. term, which may be up to seven years; or with fine, or with both.

4. § 361 of the Civil Code

Whoever takes or entices a minor under sixteen years of age, if male, or under 18 years of age, if female, or any person of sound mind, from the guardianship of the legal guardian of such minor or person of unsound mind, without the consent of such guardian, shall abduct such minor or under the legal guardianship of a person.

5. Section 27 of the Code of Criminal Procedure

Any offense not punishable with death or imprisonment for life, committed by a person who is under sixteen years of age at the date of appearance or arraignment, shall be triable by a court of the Chief Justice, or by any court specially authorized by section 1960. under the Children Act (60 of 1960) or any other law for the time being in force which provides for the treatment, education and rehabilitation of young offenders.

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