How To Get A 7 Year Old Boy Into Modeling 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 delinquent when he commits an act that is against the law that is currently in force, and at the same time is not accepted by society as a whole. The main Juvenile Delinquency Act in India currently in force is the Juvenile Justice (Care and Protection of Children) Act, 2015.

Various laws have been passed in the past that have dealt with the threat of juvenile delinquency which includes:

1. Apprentices Act, 1850

This was the first law that put children in a different position from adult criminals and offenders. This law stipulates that children belonging to the age group of 10 to 18 years, who have been convicted of any criminal offense by the Court, are provided with such professional training that will help them in the rehabilitation process.

2. Reformatory School Act, 1897

According to this law, the court is authorized to detain juvenile delinquents in correctional schools for a period of 2-7 years, and he noted that this cannot be continued after such a juvenile reaches 18 years of age.

3. Madras Children Act, 1920

This was the first law to introduce the concept of Juvenile Courts and it was later followed in juvenile legislation by Bengal legislation in the Bengal Children Act, 1922, followed by the Bombay Children Act, 1924.

4. Children Act, 1960

This law was an improvement over the previous legislation as it was enacted to set a basic model to be followed. It provided for very elaborate and technical provisions covering various aspects. It is planned to establish special committees for child protection, which are specially designed to deal with cases of neglected children. The law also created a special position for the position of probation officer whose function was to counsel and assist juvenile delinquents. Furthermore, he established special courts for children to deal with cases involving juvenile offenders. This law was the first comprehensive law to consider all aspects of juvenile delinquency

5. National Child Welfare Policy, 1974

The policy was a very welcome step towards the development of the nation’s children, as it laid emphasis on enacting such policies that would help in the nurturing and development of children, but also on providing equal opportunities to all children during their developmental stage that will end. to reducing the rate of juvenile delinquency and would increase the human resources of the nation as a whole. This policy, along with previous legislation, helped formulate a uniform code of conduct for the juvenile justice system in India.

6. Juvenile Justice Act, 1986

India was the first country to enumerate the principles of the United Nations Standard Minimum Rules for the Administration of Justice by enacting the Juvenile Justice Act, 1986. This Act laid down the basic framework of the juvenile justice system in India. The law provided for a special approach that had to be observed for the prevention and control of juvenile delinquency, and established norms and standards for the implementation of juvenile justice. The law provided an inclusive definition of a minor. According to the Law, a minor is a young man who has not reached the age of 16 and a girl who has not reached the age of 18. The establishment of special homes for juvenile delinquents and the handling of juvenile cases by special courts for juveniles are also foreseen. This Act largely provided for an approach that provided for the care, protection, rehabilitation and treatment of juvenile offenders. This Act repealed all previous Acts and formed the first uniform code of Juvenile Justice System in India.

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

This law was a modification of the Juvenile Justice Act of 1986. This law entered into force in April 2001. This law ensures that children in need of care and protection are provided with all necessary facilities regardless of their religion.

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

This law replaces the previously mentioned laws. It prescribes a provision according to which minors between the ages of 16 and 18 can be tried as adults for serious and heinous crimes. The law allowed the Committee for Juvenile Justice to decide whether a minor in a particular case should be treated as an adult or not. The Committee for Juvenile Justice consists of both a psychologist and a sociologist. This Law introduced the provisions of the Hague Convention on Child Protection and Cooperation with regard to Intercountry Adoption from 1993, which were not included in the previously mentioned legislation. The law also provides for the adoption of orphans, abandoned and surrendered children.

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

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

a. A child in conflict with the law

b. A child in need of care and protection

The law provides a uniform rule for all children below the age of 18 and also provides an exception for children belonging to the age group of 16 to 18 years, stating that they can be tried as adults in respect of a serious and heinous crime if any committed by them. The aforementioned law stipulates a prison sentence of 3 to 7 years for various crimes ranging from serious, heinous to minor. It strictly stipulated that no child could be sentenced to death despite the crime he had committed. It also provided for the mandatory establishment of a Juvenile Justice Board in each district chaired by a Metropolitan Magistrate and two social workers, including one woman. The board is required to conduct a primary investigation regarding the crime committed within a certain period of time and after that decide whether a particular child should be sent to a rehabilitation center or not. Finally, the Law also establishes a special court that is authorized to judge cases against minors and on the condition that in the event that such a court is not established, the session court is competent to judge minors according to this law. The law also requires the establishment of a Child Protection Commission.

Apart from these laws, there are various provisions for children in the Constitution of India under Article 15(3) 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 the practice. who badly exploited children. Also, Article 24 prescribes a ban on the employment of children under the age of 14. These provisions were made in the Constitution to ensure that the development of children is not hindered and that they are not prone to developing delinquent traits.

Not only limited to the constitution, the Indian Penal Code and Criminal Procedure Code make special provisions for children which are as follows:

1. Article 82 of the IPC

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

2. Article 83 of the IPC

In this part, it is again stated that a criminal offense committed by a child older than 7 years and younger than 12 years is not a criminal offense if such a child is not mature enough to understand the consequences of his act.

3. Article 317 of the IPC

Whoever is the father or mother of a child under the age of twelve years and has the care of such child, exposes or leaves such child in any place with intent to abandon him completely, shall be punished with imprisonment of either description for a term which may extend to seven years; or with fine, or with both.

4. Article 361 of the Criminal Procedure Code

Whoever takes or entices any minor under sixteen years of age, if male, or under eighteen years of age, if female, or any mentally ill person, outside the custody of the legal guardian of such minor or mentally ill person, without the consent of such guardian , such minor or person is said to be abducted from lawful custody.

5. Section 27 of the Criminal Procedure Code

Any offense which is not punishable by death or imprisonment for life, and which is committed by a person who, on the day on which he appears or is brought before the court, has not attained the age of sixteen years, may be tried before the court of the Chief Judicial Magistrate, or by any court specially authorized under The Children Act 1960 (60 of 1960) or any other law for the time being in force providing for the treatment, training and rehabilitation of young offenders.

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