Children in Conflict with Law: Scenario of Crimes Committed and Justice Delivery System for Juveniles in India

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Children in conflict with law: Scenario of crimes committed and justice delivery system for juveniles in India
Vipul Somani
Mahatma Gandhi Department of Rural Studies,
Veer Narmad South Gujarat University, Surat 395 007.

ABSTRACT

Children in conflict with law are most commonly referred to as juvenile delinquents. Covered under the Juvenile Justice (Care and Protection of Children) Act, 2000, the number of such children has increased over the years, from 17,203 in 1994 to 31909 in 2011. The crimes committed by juveniles have also seen an increase in the same period from 8,561 to 25125. While part of this increase in juvenile crimes may be attributed to the inclusion of boys aged 16-18 years in the definition of child in the revised juvenile justice law of 2000, the fact remains that the rate of juvenile crimes is fairly high and more and more children in the 16-18 years category are coming in conflict with law and their contribution in serious crime is increasing. On one hand the justice delivery system is not taking appropriate care of such delinquents as a result of which a large number of cases are pending with various juvenile justice boards. On the other hand a large number of prisoners who were convicted and sentenced imprisonment have challenged the decisions of the courts convicting and sentencing imprisonment on the ground that on the day of commission of the act they were juvenile and attracting the provision of S. 7 A (1) of the Juvenile Justice (Care and Protection) Act, (2002) as amended up to 2006., the decisions of the courts should be treated illegal and they should be released with immediate effect. Present paper deals with few of the recent cases where Hon. Apex Court has given guidance to deal with juveniles when they come to the Sessions Court under the charge of various crimes.

Key words: Juvenile, disposal of cases, delinquent, India.

Introduction:

As per the recent report of the National Council for Protection of



References: 1. Altmas Kabir CJI, S S Nijjar J. And J. Chelameswar J (2013). Writ petition (C) N0. 10 of 2013. Judis.nic.in/supremecourt/imgd1.aspx?filename=40584. Last accessed on 13th Aug. 2013. 2. Mishra B N (1991) Juvenile Delinquency and Justice System, Ashish Publishing House, New Delhi, India. 3. National Crime Records Bureau (2013) Crime in India 2012, www.ncbr.gov.in/ Last accessed on 13th Aug. 2013. 4. NCPCR (2013) Status of Children in 14-18 Years: Review Of Policy, Programme and Legislative Framework 2012-2013. 5. Rickard Erika (2008) Paying lip service to the silenced: Juvenile Justice in India, Harvard Human Rights Journal 21: 155-166. 6. Supreme Court (2013) Jitendra Singh @ Baboosing and ors. Vs. State of Uttar Pradesh on 13th July 2013- unreported. www.indiankanoon.org/doc/70248453/ Last accessed on 13th Aug. 2013. 7. Ved Kumari (2009) Juvenile justice : Scuring the rights of children during 1998 – 2008. NUJS L. REV.557-572.

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