Author(s): Preeti Varma and Dr. Amit Singh

Abstract: A general worldwide concern over the rising graph of criminal austerity of juveniles, i.e., children below the age of eighteen years which has been accepted worldwide to be the age limit under which all persons were to be treated as children, has ushered the study of global momentum on securing child rights. A descriptive analysis of Juvenile Justice Delivery System of the U.S., England and India shall be covered, along with a comparative analysis with UNCRC, the most widely-ratified international human rights treaty in history. Each country's approach to defining delinquency and processing those who are labeled officially is different. For instance, different terms might bear different meanings in 1the justice delivery systems. Also, the criteria for fixing the age of criminal responsibility are diverse m different states, along with disparity in their procedural steps. This difference in approaches can however be well justified by their cross-cultural diversity, needs and ethics. In the modern civilized world, there is an increasing recognition of the need to protect children due to their vulnerability and ma emphasis is laid on their guidance, whether educational, occasional or personal. As a result, there is a trend toward the legislation of legal rights for children, leading to rapid reformation in pre-existing juvenile laws across the globe. The author shall analyze the new legislations to understand their durability and also to check their resonance with globally accepted laws.The juvenile justice system in India is specifically structured to offer care, protection, and rehabilitation to those who are minors and have become involved in legal conflicts. The Juvenile court (Care and Protection of Children) Act, 2015, is a legislative framework that seeks to establish a court system that is sensitive to the needs and rights of children, aligning with the principles outlined in the United Nations Convention on the Rights of the Child. The effectiveness of the juvenile justice system in India has been a topic of much discussion, despite the presence of a legislative framework in place. A prominent critique of the system revolves around its perceived inefficacy in rehabilitating adolescent offenders and mitigating recidivism rates. Concerns have been expressed regarding the insufficiency of resources and facilities within the juvenile justice system. Consequently, the aforementioned circumstances have resulted in a situation of over occupancy inside juvenile residential institutions, as well as a lack of sufficient resources and amenities for the purpose of effective rehabilitation. Moreover, there have been documented cases in which minors have been subjected to instances of abuse and mistreatment inside the juvenile judicial system. This situation prompts inquiries on the efficacy of the system in safeguarding the rights of juveniles involved in legal conflicts. Notwithstanding these problems, there have been notable advancements in the juvenile justice system in India. As an illustration, the system has recently exhibited an increased emphasis on restorative justice and diversion programs, with the objective of addressing the underlying factors contributing to juvenile delinquency and offering assistance to young individuals in order to deter engagement in criminal activities.

DOI: 10.22271/civillaw.2024.v4.i1a.65

Pages: 61-66 | Views: 129 | Downloads: 47

Download Full Article: Click Here