Umesh Baurai , 23 June 2008:India is also committed to tackle the problem of juvenile delinquency on the basis of two fundamental assumptions. Young offenders should not be tired, they should rather be corrected. Like most countries India Indian penal Law has adopted the principle that a child below certain age is doli incapex that is incapable of committing a crime, and hence cannot be convicted.
Prior to the enactment of juvenile justice Act, 1986, this came into force w.e.f october2, 1987. The Children Act, 1960 was the governing law on the subject of juvenile delinquency. The states however were authorized to enact their own laws for the care and protection of delinquent children and juveniles.
The main objective of, The Juvenile Justice Act, 2002 are as follows
1. It lays down a uniform framework for juvenile justice in the country so as to ensure that no child under any circumstances is lodged in jail or police lockups
2. It spells out the machinery and infra structure required for the car, protection, treatment, development and rehabilitation of various categories of children coming with in the purview of juvenile justice system.
3. It sets out the norms and standards, for the administration of justice in terms of investigation and prosecution, adjudication and disposition, care and protection, etc.
4. It seeks to develop appropriate linkage and coordination between the formal systems of juvenile justice and voluntary agencies engaged in welfare of neglected and socially maladjusted children.
5. The Act seeks to constitute special officers in relation to juveniles and provides for punishment there of.
The procedure followed in the trial of juvenile offender under the Juvenile Justice Act, 2002, differs from that of ordinary criminal trials and, there, it can be rightly termed as ‘special procedure’ in view of the following considerations:
1 The process cannot be initiated on a complaint from a citizen or the police
2 The hearing is informal and strictly confidential.
3 The juvenile offender while under detention, is kept separate from other under-trials
4 The young offenders may be reprimanded on security or bond for good behavior.
5 Special juvenile courts are set up for trial of juvenile delinquents
6 The trial of juvenile delinquents is usually conducted by lady magistrate specially deputed for the purpose
7 The procedure followed in the trial of juvenile offender being informal. He has no right to engage the services of lawyer in the case. Lawyers may, however, be allowed to appear with the special provision of court.
8. No appeal lies against the order of acquittal made by the juvenile court in respect of a juvenile alleged to have committed an offence. An appeal shall, however lie against the order of conviction in the session court within a period of 30days whose decision shall be final and there is no provision for second appeal.
Umesh Baurai, Program Coordinator, FXB India Suraksha, Chandigarh