Essay on Historical Conspectus of Juvenile Justice Law in India !
Prior to the enactment of the Juvenile Justice (Care and Protection of Children) Act, 2000 which came into force w.e.f. December 30, 2000, the Juvenile Justice Act, 1986 was the governing law on the subject. Before this Act was introduced w.e.f. October 2, 1987, the Children Act, 1960 was operative throughout the country. The States were, however, authorised to enact their own laws for the care and protection of the delinquent children and juveniles.
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ADVERTISEMENTS:
A perusal of the working of the Children Act, 1960 (subsequently repealed by J.J. Act, 1986) would indicate that greater attention was required to be given to children who were found in situations of social maladjustment, delinquency or parental neglect. The justice system as available for adults was not considered suitable for being applied to juveniles.
It was deemed necessary that a uniform juvenile justice system should be introduced throughout India which would take into account all aspects of the social, cultural and economic changes in the country. There was also need for greater involvement of informal systems and community based welfare agencies in the care, protection, treatment, development and rehabilitation of children and juveniles.
It must be stated that the Children Act, 1960 was preceded by the United Nations Declaration of the Rights of the Child in 1959. Thereafter, 113 nations, by consensus, promulgated the Vienna Declaration & Programme of Action where the rights of child in general and girl child in particular, received worldwide recognition. It was resolved that the member States should integrate the Convention on Rights of the Child into their national action plan.
This provided a blue-print for juvenile justice legislation for developed and developing nations. India, being a signatory to the Convention, drew up a comprehensive uniform legislation to replace the Children Act, 1960 and the State enactments framed there under. Consequently the Juvenile Justice Act, 1986 was enacted which came into force w.e.f. October 2, 1987.