Juvenile Justice and its Application: India and Abroad

Abstract

Juvenile delinquency is an international problem which has made its way into most of the developing countries as well as few developed countries. India is no stranger to this problem as, India has more than 50% of its population under 25 years of age and unemployment and lack of education usually turns this youth to crime. This paper is made to explore the recent developments that the National and International governments have made to counter this phenomenon and its fairness. I. INTRODUCTION An Irony in the Indian Legal proceedings that has created a way for loop hole for the masters of law to use it as a legal weapon to save the culprits of crime of highest degree. A culprit of 17 years 365 days is considered to be major but the culprit of 17 years 364 days is a minor. Just a Difference of one day in age creates the difference in the judgment criteria. Thus, a mere day changes his fate. What it means that a young boy can go and commit a heinous crime such as rape and murder but will not be punished with the maximum punishment as the law prescribes for the major. An excuse that safeguards the culprit from punishment if not attained the age of 18. In the last few years there has been a high increase in the crimes by the children who are below the age of 16 years. The reason behind is lack of education, parental care economic condition etc. The most interesting fact is that the children of this age group are used as a tool for the commission of the crime. Since the children of this age has not attain the age of majority and their mind can be manipulated very easily. Not to mention that even the most heinous of crime awards a maximum punishment of 3 years. This is the primary reason why there has been a steady increase in the juvenile crime. According to the law someone who has not completed the age of 18 years are treated as child and he is not capable of understanding the difference between the right and wrong. They are not at the age of understanding the nature of the crime which he has committed. Incident of "Nirbhaya Gang Rape" on December 16 2012 make the whole Nation shocked 1 Author is a student at Student at Amity University, Patna, India. 2021. International Journal of Integrated Law Review