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Critical Analysis “There is no trust more sacred than the one the world holds with children, there is no duty more important than ensuring their rights are respected and their welfare is protected..... Children are recognized worldwide as supremely assets of the Nation.”
In the light of this statement (by Kofi Anan) it becomes obvious that welfare and protection of Children are the most important mandate of a welfare state. In this light the recently legislated JJ Act 2015 seeks to provide a holistic approach for child welfare. It provides Strengthened provisions for both- ‘children in need of care’ and ‘children in conflict with law’. In the wake of several controversial instances pertaining to heinous crimes in the garb of juvenility, the Act had become a necessity. However there are certain dichotomies that must be analysed to evaluate the effectiveness of this Act. The prime issues related with JJ Act are “AGE CRITERIA”, “TREATMENT MECHNISM” and “LEGAL INCONSISTENCIES”. Despite having a long history of differential treatment for juveniles (ex:‘Brahd Yama’ and ‘Sankha’ Smritis), Indian society never ignored the importance of punishment for the reformation of a child. Various instances round the globe depict the capability of committing heinous crimes by children as young as 10years old (The Infamous murder of James Bulger, Nirbhaya Incident of Delhi are shocking evidence) which mandate the need to evaluate –‘Age as being criteria for Juvenility’. Many nations like USA, UK etc have lowered the age criteria to as low as 6 years -to be charged as an offence and 14 years- to be tried as an adult. Thus the provision for lowering age in case of heinous crimes is a welcome step in the act. However, it must be ensured that the same provision does not ignore the innocence of a child. It must not lead to detention of crimes committed without THE CONSCIOUSNESS OF THE OUTCOMES (Ex: forced prostitution of Underage girls, implication in false cases etc). In this regard clarity in powers, functions and responsibility of JJ BOARD and CHILD WELFARE COMMITTEE seeks to impart a holistic approach to this act. Secondly there is a need for effective PROACTIVE MECHANISMS FOR CHARACTER BUILDING of the children (especially from the backward sections). Countries like USA finance various institutions for this purpose. Besides this they also invest significantly in RESEARCH ANALYSIS FOR PREVENTING DELINQUENCY Acts as well as reforming the offenders. The JJ act in this regard includes various provisions such as rehabilitation and SOCIAL REINTEGRATION of delinquents, ensuring services such as health, education, skill development etc in INSTITUTIONAL CARE and streamlining of ADOPTIVE PROCEDURES. However, provisions for research and psychological analysis of delinquents can add more holistic character to the JJ Act. Thirdly there are certain legal inconsistencies in the Act pertaining to the International Covenant (UNCRC) and Constitutional Provisions of India (Article14, 20(1), 21). The Act needs to be made in consistence with the provisions under Constitution (person should not get a penalty higher than what would be applicable at the time of commission of the offence, then this objective is not being met by the Act). Significant provisions have been imparted to build a holistic mechanism for dealing with the Juvenile Justice issue. However, care is needed for its effective execution which can be ensured through the participation of all stakeholders (Good Governance). And as far as Legal Inconsistencies are concerned, it is imperative that they are sorted out as soon as possible so that no hurdle remains in the implementation of the provisions of this act. In the light of these arguments one may say that Juvenile Justice Act 2015 is a move in right direction.
By: Chandan Sharma ProfileResourcesReport error
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