Juvenile Justice Presentation

7/27/2019 Juvenile Justice Presentation

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Juvenile Justice

Dr.N.Prabhudev

Vice ChancellorBangalore University


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Youth Makes a Nation

Joe E. Lewis said: You are young only once,

and if you work it right, once is enough.

It is important to note that the priceless

resource of any country is its human resource.

There is no other resource that matches the

human being, because mankind is the

foundation or the corner stone of any

development and civilization. Out of the human

intellect a nation is built.


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"Youth are not only the leaders of tomorrow,

but also the partners of today.

As scholars have stated, "time is notevaluated by what has been harvested, but

what has been planted". The government and

society at large have equal responsibility to

provide the youth with suitable grounds and

thereby bringing about a matured and

responsible population for the coming

generation to lead a better life.


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Childrens rights require special protection and

call for continuous improvement of the situation

of children all over the world, as well as for their

development and education in conditions of

peace and security, profoundly concerned that

the situation of children in many parts of the

world remains critical as a result of inadequatesocial conditions, natural disasters, armed

conflicts, exploitation, illiteracy, hunger and

disability, and convinced that urgent andeffective national and international action is

called for.


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A staggering 30 million children in India

belonged to families living in conditions of

extreme distress and deprivation. Violenceagainst girls, child labor, children living on the

streets, trafficking, violence in schools and

violence in conflict situations have all been

reportedly on the rise. The need for specific

instrumentality for children stems from these

pressing situations.


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Flawed Approach

The juvenile justice system in India is an offshoot of

the criminal justice system. Because of this, its

approach towards children has always been markedby the tension between the protective approach of

juvenile justice and the traditional approach of dealing

with crime.

The basic idea of juvenile justice was to reintegrate

the child into family and society. This needs a proper

network of rehabilitation and after care services.

Unfortunately, this arrangement is almost nonexistent.. The current juvenile justice policy does not have a

preventive approach. The delinquency prone

situations are increasing but there is no substantial

mechanism to check it.


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Juveni le Just ice Ac t 1986is the primary

legal framework for juvenile justice in India.

The act provides for a special approachtowards the prevention and treatment of

juvenile delinquency and provides a

framework for the protection, treatment and

rehabilitation of children in the purview of the

juvenile justice system. The law replaced the

Children Act, 1960. The Juvenile Justice Bill

was first introduced in the Lok Sabha on 22August 1986. This act was amended in 2000

and is now known as the Juvenile Justice

(Care and Protection) Act.


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Ban on Trial by Media imposed by Juvenile

Justice

Indian Media remembers Lippmann quote thatthere can be no higher law in journalism than to

tell the truth and to shame the devil but forgets

Section 21 of Juvenile Justice Act which is

inspired by the UNCRC-United NationsConvention on the Rights of the Child is a good law.

It has a specific provision that bans trial by media.

However, on 03/06/2009, a news item appeared in

the New Delhi Edition of The Times of India on page4, titled BOY SHOOTS FRIEND OVER TV

REMOTE. It reveals the age, name and address of

the juvenile in question.


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Its high time for the National Commission forProtection of Child Rights (NCPCR) to act as weattach immense importance to the rule of law

and the right to fair trial, with special emphasiswith regards to juveniles in conflict with law.

In fact, since 02/06/07, the media has beenextensively covering and sensationalizing thecase of a nine-year-old juvenile who hasallegedly killed three children in the past one

year. The press has branded him as a 'serialkiller'; it has gone to the extent of publishing hisphotograph with such news items along with thename of his village.


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The press has grossly disregarded Section 21 of

the Juvenile Justice Act, 2006 enacted by the

Government of India which prohibits publication of

the name, address or any other particularscalculated to lead to the identification of the

juvenile. The said provision also prohibits

publication of the juvenile's picture. However, onlyif the enquiring authority in the interest of the

juvenile permits such disclosure in writing, then the

press is justified in publishing such news.

If children are created in the image of God, then...

My God is a Juvenile DelinquentRuzbeh N.

Bharucha


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Bail is a right, not a prerogative

Every juvenile in conflict with law in entitled to be

released on bail, irrespective of whether thealleged conflict with law is bailable or nonbailablein the CrPC.. Bail can only be denied if there issubstantial reason to believe that

After release: the juvenile is likely to getassociated with a known criminal; or there ismoral, physical and psychological danger to the

juvenile; IF THE BAIL IS DENIED, THEN THEJUVENILE IS KEPT IN AN OBSERVATIONHOME. AN OBSERVATION HOME,IMPLIES,THAT THE CHILD IS KEPT IN JUDICIAL

CUSTODY

Ad ti d J il J ti A t


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Adoption under Juvenile Justice Act

Adoption can be a most beautiful solution not only forchildless couples and single people but also for

homeless children. It enables a parent-child relationshipto be established between persons not biologicallyrelated. It is defined as a process by which people take achild not born to them and raises it as a member of theirfamily.

Some of the crucial areas requiring attention are asfollows:

Better coordination among key players

Strict enforcement Long drawn repatriation process.

Cross Border Trafficking

Need for a Protocol

The Bonded Labour System (Abolition) Act, 1976


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Rehabilitation Plan:.

1. The educational rehabilitation for the child and

2. Economic rehabilitation for the family

It is essential to ensure that young people are

provided the avenues to involve themselves in

nation-building activities. There is the NationalCadet Corps (NCC), there is the National Service

Scheme (NSS) with 5000 national service

volunteers deployed round the country. But whyisn't it a million, given the employment issues, the

community needs? Why not mobilise young people

to really address this?


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There are very strong traditions, Gandhian

traditions, just to name one, religious

traditions, the sense of generosity thatcould easily be built on in terms of

creating large scale programmes . The

immediate aim should be to raise themembership of the NSS and the NCC, at

the minimum to a million each to create

awareness of civic responsibilities andbring about social regeneration.


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THANK YOU!

Juvenile Justice Presentation

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