Juvenile Justice Analysis 05
Juvenile Justice Analysis 05
Juvenile Justice Analysis 05
The subject-“Offences Against Child & Juvenile Offences” is comprised of five units providing
details of causes of offence againsed child, various international conventions to protect the
child, offences against the child under various Laws such as- labour, criminal, matters involving
child in social relations (like child marriage , custody of child during matrimonial suits and
obligations of the parents towards their children’s) , protection of child and juvenile under the
provisions of various Laws(such as constitution, I.P.C. , Cr.pc., contract) ,Juvenile Delinquency,
rehabilitation, Juvenile court system etc. Child:- In common saying or in ordinary sense “Child”
means a person who is unable to maintain itself. According to the provisions of various Acts
dealing child exclusively one can come to know that it is the age of the child which determines
as to who is child. In another words child may be determined according to his/her age subject to
a particular Act to which he is subjected. In India various Acts describe various age of the child
and they are as follows:- According to section 2(b) of the Beedi & Cigar workers (condition of
Employment) Act, 1966- Child means a person who has not completed his fourteenth year of
age. According to section 2(ii) of the Child Labour (prohibition and Regulation) Act, 1986- Child
means a person who has not completed his fourteenth year of age.
According to section 3(a) of the Dangerous Machines (Regulation) Act, 1983- Child means a
person who has not completed his fourteenth year of age According to section 2(bb) of the
Minimum Wages Act, 1948- Child means a person who has not completed his fourteenth year of
age According to section2(2) of the M.P. shops and Establishment Act, 1958- Child means a
person who is below fourteen year of age According to section 2(c) of the Factories Act, 1948-
Child means a person who has not completed his fifteen year of age According to section 2 of
the Children (pledging of Labour) Act, 1933- Child means person who is under the age of fifteen
years. According to section 2 (aa) of the Immoral Traffic (pledging of Labour) Act, 1933- Child
means a person who is under the age of fifteen years.
According to section 2(b) of the protection of woman from Domestic Violence Act, 2005-Child
means any person below the age of eighteen years and includes any adopted, step or foster
child. According to section 2 (k) of the Juvenile Justice (care and protection of children) Act,
2000- Juvenile or Child means a person, who has not completed eighteenth year of age .
According to section 2(a) of the prohibition of child marriage Act, 2006- Child means a person
who, if a male, has not completed twenty-one years of age, and if a female, has not completed
eighteen years of age. Concept of
►In Juvenile Justice (care and protection of children) Act, 2000 there is no distinction provided
between Juvenile and child. ►The term Juvenile is derived from a Latin word “Juvenis” meaning
young. ►The term Juvenile is defined by each member state of the United Nations in a manner
which is compatible with its legal system and social welfare objectives. Introduction:- Justice
V.R. Krishna Iyer said: “The hallmark of culture and advance of civilization consists in the
fulfillment of our obligation to the young generation by opening up all opportunities for every
child to unfold its personality and rise to its full stature- physical, mental and spiritual. It is the
birth right of every child to demand justice from the whole world. In a civilized society, the
importance of child welfare cannot be underestimated because the welfare of the entire
community, its growth and development, depends on the health and well-being of its children.
Children are a “supremely important national asset” and the future well-being of the nation
depends on how its children grow and develop. Jawaharlal Nehru has said about children that:
“Today’s child is tomorrow’s future’.Some factors which are known to affect the volume and type
of crime occurring from place to place are as follows:- Population density and decree of
urbanization (particularly the concentration of youth) Stability of population with resident’s
mobility, community patterns and transient factors. Economic condition (medium, below poverty
line and job availability) Cultural factors and educational, recreational and religious
characteristics. Family conditions with respect to divorce and family cohesiveness. Effective
strength of law enforcement agencies. Chronic hunger, lack of education, over work and forced
labour. Child pornography, prostitution, trafficking, labour and child marriage. Causes of offence
against Child Class –LL.B (HONS.) II SEM. Subject – Juvenile Justice 3 Children’s are exploited
to a large extent in work, humiliated in society and faces several discriminations. Looking to this
there was a need globally for making declaration for the benefit and the rights of the children to
provide them security to fight againsed all these evils of child abuse. So various declarations
have been given internationally which are as follows:- Declaration of the Rights of the Child,
1959 ( The General assembly of the United Nations adopted this declaration on 20th November,
1959) The world summit for Children, 1990. Declaration of Geneva 1924. General Conference
of the International Labour Organization (ILO), Geneva, 29th October, 1919. Worst Forms or
Child Labour convention, 1999. UN CRC (United Nations convention on the rights of the Child)
in 1992. The International Convention on the Rights of the Child, 1989