Protecting the
juvenile justice: child rights to be cared and protected
Child
is a gift of god from the heaven and there is no keener exposé in our society’s
soul in the various ways it treats its child. We as a society tend to protect
our children from severe punishments and wrong doing irrespective of the
gravity of the act.
The
juvenile justice system in India intends the legit response with reverence to
two groupings of children, explicitly those who are 'in conflict with law' (an
individual below the age of 18 years accused of doing an offence); and those
'in need of care and protection' (children from deprived and marginalized
sections of society as well as those with different needs and vulnerabilities).
Juvenile justice policy in India is well-thought-out around the Constitutional
order prescribed in the language of Articles 15(3), 39 (e) & (f), 45 and 47, in addition to numerous
international agreements, such as the UN Convention on the Rights of the Child
(CRC ).
This
act is majorly to provide care, protection, guidance and rehabilitation for the
delinquent child. The juvenile act of 2000 puts forth that the accused child
will be sheltered in correction home during the case proceedings. The basic aim of the act is to improvement
and reformation the children and not to chastise them with harsh treatments. The
rudimentary ideology for enforcing an act with a kind of discrepancy attitude
was to protect children from distressing evil effects of criminalization,
penalization and stigmatization, in short, the “prosperity” of the children and
not to reprimand them. The guilty child will be held in the correction center
for 3 years.
As
the law says; to protect the child, the law also states that a child cannot be
handcuffed in public. The act strictly prohibits anybody calling or treating
the child as a criminal. After arresting, the child cannot be put behind the
lockups. Castigating, criticizing, thrashing can form a case against the
concerned police rewarded by suspension. Child exposed to media costs a fine of
25000 rupees. The act of JJB has the responsibility to protect the child’s
identity in all manners. Recently, cops in Telangana were flaked to handcuff the
delinquent child and were asked to submit a report regarding the same which was
revealed through a video, this exploited the JJB act.
The
Delhi gang rape case involving a juvenile has created a buzz all over. People
up roared to lower the age of juvenile justice from 18 to 16 to provide
stringent punishment to accused included in the gang rape.
As to
my opinion, do we ever know the reason behind crimes committed by the children?
What influences them to take this treacherous footstep? Many children are
victims themselves, victim of poverty, victim of physical abuse, victim of
being orphan. Such categorized children are inclined to commit crime due to dearth
of basic amenities. At times children commit crime, but the master mind is an
adult forcing children into erroneous doing with a thought that juvenile crime
is a “get away’ pass from a crime for the concerned adult and the child
involved. Children below 18 as are matter of fact are ‘immature’ in all sense.
Stringent punishments as adults can affect them psychologically or can have an
adverse effect of shaping them into an even worst delinquent.
Children
below 18 years of age are perfectly categorized. When a child turns 18 years
he/she is considered as an adult and to some extent matures then in lower ages.
I don’t support children getting away from punished but the level and type of
punished is what that matter. Children below 18 years should be eschewed from
those of adults. The children are the future of our country they should be
reformed into a better person. We as people and the judiciary should take
decision thinking but every child who has been stuck in the dip of crime
without their knowledge.
SAYALI PARAB
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