Juvenile Law Case Study

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1.2.7 Laws must be dynamic and responsive to change. ‘What does not change will ultimately result in failure’. So, is the case with rules and regulations. Laws of any country should be dynamic, accommodative and adaptive to the change in society. Reformation and a rehabilitative approach for juveniles is appreciated however it must not send a signal to the perpetrators that they can easily get away even with the gravest of offences. According to Dr. Prannoy Roy, a renowned psychologist; owing to biological changes, the age of puberty of children has shifted earlier and with greater exposure in the 21st century; the age of maturity, adolescence and ability to reason and distinguish between right and wrong has also shifted. Thus, stringent laws …show more content…

Overview of the Juvenile Justice (Care and Protection of Children) Act, 2015. The Juvenile Justice Act of 2015 contains provisions for children in conflict with law and in need of care and protection and replaces the previous Act of 2000. The Supreme Court in the case of Salil Bali v. Union of India & Anr. , held that the Act of 2000 was not ultra vires the Constitution of India and in consonance with several international conventions ratified by India hence did not need to be struck down or amended. Nevertheless, a new Act was passed in December 2015. The Act has gained much heat recently due to the contentious provision ‘which allows for juveniles between ages 16-18 to be tried as adults for commission of heinous crimes’. Much debate ensued after the repeated use of this loosely worded phrase by media. And that is primarily the reason for viewing the Act in a negative light; ignoring the various positive changes it has brought about. There was literally a war of words between child right activists admonishing the Act and the rest demanding justice for the grave offences committed by juveniles. Several writ petitions, including one by Mr. Subaranium Swamy, for reducing the age of juveniles from 18 to 16 years were rejected by the Apex Court. The actual procedure relating to juveniles along with the intricacies of the provisions will be made clear through the course of this …show more content…

2.2 Procedure with relation to children in conflict with law. Section 10 requires for a child alleged to be in conflict with law on apprehension to be placed under the charge of special juvenile police unit/ officer who shall produce the child before the Juvenile Justice Board within a period of twenty-four hours. A provision for bail of the concerned child for both bailable and non-bailable offences exists in the Act of 2015 subject to certain conditions. If not released on bail, the child is placed in an Observation Home until the completion of proceedings of inquiry. The harbinger of the same was the case of Sheela Barse v. Union of India wherein the Supreme Court issued directions to the state government to set up necessary observation homes where children accused of an offence could lodged, pending investigation and trial will be expedited by juvenile

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