INTRODUCTION

It has been recognized that children and young adults are a major human resource for development and key agents for collective social change But it is only possible when they are involved to participate in the meaningful dialogues on issues that concern them the most

India has a strong legal framework cannot be denied and the JJ rules 2016 notified by the Ministry provide a robust mechanism for implementing the provisions of the Act, including - “idea of Individual care plan and follow up is more emphatic in these Rules as well as at almost every place while addressing the issue or problems faced by children in our country, a category of children that are almost always overlooked are the ‘Children in Conflict with the Law’

For instance, a notable aspect of this law is the mandatory creation of childcare institutions in every district of the nation. This spaces, often referred to as “children's home”, shelter all children, that might be needing governmental casted custody This includes both children in need of care and protection, (CNCP), who might have been rescued from being lost homeless are trafficked, and children in conflict with the law, (CICL), who have been accused of crime

The JJA appears strong on paper, but its implementation as a group of laws that govern almost a fifth of the world's child population needs to be tested Over the last decade, Research in different Indian State has shown that majority of children in juvenile justice home, have been physically assaulted, often being whipped by belts, hung from ceilings or beaten into false confession There have been countless exposes of staff trafficking children into child labor and prostitution, and even committing sexual assault.

Many believe that ‘these children get what they deserve’ and want to do little about the treatment meted out to them It must be realized that a child, given his/her relative immaturity, does not quite often understand the consequences of his/her actions and is extremely susceptible to his/her surroundings Even to such children we cannot allow deficit of hope and loss of dignity to destroy their childhood.

The minimum age of criminal responsibility is the age at which children may be prosecuted in the criminal justice system The average minimum age of criminal responsibility worldwide is 12 years and7 years in India What many do not know, or do not care to know, is that these wicked faces are, sadly, often only masks masks that children have put on themselves to hide their pain, anger, and fear, or masks that we, in our indifference and even revulsion, have actually put on them. Because we mistake their masks for their faces, we forget who these children are

Juveniles In Distress

• 434 MILLION children in India

• 175 MILLION of children population in India is marginalized

• 144 MILLION of all children can be deemed to be destitute

• 25 MILLION orphan children in India

• 40,000 JUVENILES in conflict with law, living in institutes

Classification of Juvenile delinquents

Vagabonds

Orphans Destitute Beggars Truants

(A) Social factors

Family background is one of the most potent influences on juvenile development Norms, values, models of behavior, and other imprints emanate from the family unit, and these factors create an internalized “blue- print” for the child personality, beliefs, and attitudes.

(B) Other Socio- economic (or) environment factors

Socio economic class Past conventional wisdom held that children from poor and working class backgrounds that is, youth in to the “dangerous classes are much more likely to engage in delinquent behavior

(C) Personal or individual factors

Personal factors such as mental deficiency and emotional disturbances may also contribute to juvenile delinquency

Juvenile

juvenile is a child or young person who is not yet old enough to be regarded as an adult

The term ‘juvenile’ which is derived from the Latin word ‘juvenils’, meaning young In India, Juvenile Justice Act of 1986 is treated as model legislation to provide uniformly in the country in respect of juvenile delinquents According to this Act, ‘Juvenile’ or ‘child’ means a person who has not completed eighteenth year of age The act also refers to certain children as neglected juvenile.

Juvenile delinquent

The Oxford dictionary defines a juvenile delinquent as “a person below the legal age of (criminal) responsibility and above a certain minimum age, who is held punishable for breaking the law” The legal definition of juvenile delinquency differs from country to country

Borstal school in India

The women and child development ministry has approved the setting up of 36 borstals or observation homes across India where such juveniles will be kept post-conviction, instead of in regular prisons, till they turn 21. Borstals are also correctional centres where such boys would be provided education, vocational training and psychological counseling The idea is to provide an environment where such young offenders can be reformed.

Rights of the Child in conflict with law

The process of Rehabilitation shall also secure the Rights of the child in conflict with law:

Every child in conflict with the law shall have the following rights, including but not limited to: a) Humane treatment b) No corporal punishment c) Separation from adult criminals, if detained d) Access to legal assistance e) Bail and release on recognizance f) Privacy g) Diversion, if qualified h) Proportionate judgment i) Restrictions on liberty kept to a desirable minimum j) Automatic suspension of sentence k) Probation, if qualified l) Confidentiality of proceedings m) Right against discrimination n) Constitutional rights

JUVENILE JUSTICE (CPC) ACT 2015 POLICE

Child in conflict with law (CICL) Child in Need of care & Protection (CNCP) & abandoned children

Issue F.I.R

Apprehension of CICL

CICL for committing offence punishable more than 7 years

Produce before Child Welfare Committee (C.W.C) for orders

Remand Report Before J.J.B

Age verification (Sec 94)

Inquiry within 4 months

Age verification (Sec 94)

Children below 6 years (orphan/surrendered/abandoned to be placed in Specialized adoption agency)

Remand Report

CWC is endowed with Judicial 1st class Magistrate Powers

Place him/her in Observation Home

Lodged in Special. Home for rehabilitation service on completion of inquiry and conviction

CPU (District Child Protection Unit Officer) will submit monthly report of child progress to JJB

Preliminary Assessment by JJB within 3 months

Age above 16 years below 18 years, Case transferred to Children’s court

Trial by Children’s Court following regular court proceedings (as in Adults)

CWO/DPCU/Probation officer to conduct social investigation and submit S.I.R (Social Investigation Report) within 15 days to CWC Orders for placing the child before the Parents/Guardian /Children Home

On being found guilty lodged in place of safety

After 21 Years age, sent to regular jail for the remaining period

Open Shelter (Community based facility for CNCP for residential support)

Children Home Foster Care