Juvenile Justice Act Case Study

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JuThe juvenile Justice Act, 1986:
The Parliament of India has nacted Juvenile Justice Act in 1986 As Central legislation to provide for the care, protection, treatment, development and rehabilitation of neglected and delinquent juveniles and for the adjudication of certain matters relating to, and disposition of, delinquent juveniles. The Act envisages a comprehensive approach towards justice for juvenile in situations of abuse, exploitation and social maladjustment. The juvenile Justice Act was aimed at achieving following objectives:
1) To lay down a legal framework for juvenile justice in the country so as to ensure that no child under any circumstances is lodged in
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Therefore, the words “ through various institutions established under this enactment” have been removed from the Preamble of the Principle Act.
3) The Act clarifies that the Act would be applicable for all cases involving detention or criminal prosecution of juveniles under any other law
4) The Act amends the definition of “juvenile in conflict with law” to make it more explicit that the relevant date for a person to be considered a juvenile would be the date on which the alleged offence was committed. The Act also lay down the procedure to be followed in a case a person claims to be a juvenile in a court.
5) The Act lays down a maximum time period of 24 hours within which a juvenile should be produced before the Juvenile Justice Board, which is empowered to deal exclusively with all proceedings relating to juvenile in conflict with law. The 24-hour period excludes the time necessary for the journey from the place where the juvenile was apprehended. The same provision applies in case of child to be produced before the Child Welfare Committee, which has the authority to dispose of cases concerning the care, protection and rehabilitation of
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After the tragic Delhi Gang Rape of December 16, 2012 where a juvenile was involved with other adult offenders in raping and torturing due to which the victim died, the issue raised a debate on reduction of age of Juvenile in conflict with law as debated that juvenile offenders are increasing. Later a committee headed by Justice Verma was established for amending the laws in criminal law to protect the rights of women but the committee refused to reduce the age of juvenile and said that the time is not ripe for reduction and one case cannot be the reason for changing the law.
Subramaniamswamy later filed a petition on reducing the age of criminality which again Apex court quashed with specific reasons which this paper will discuss in next chapter but the base was prepared after the rage and anger in the public sphere which led to coming of the Bill on The Juvenile Justice (care and protection of children) bill 2014. Although the bill is well equipped with protection mechanisms for the child in conflict with law (earlier juvenile in conflict with law) but the law has distinguished the offences for which the a child can be sentenced like Adult

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