SHOULD JUVENILES BE TREATED AS ADULTS IN THE CRIMINAL JUSTICE

SHOULD JUVENILES BE TREATED AS ADULTS IN THE CRIMINAL JUSTICE SYSTEM?

Giving a 10-year mandatory minimum for a second offense fist fight is not going to reduce the chance that someone will be stabbed 16 times when you are not funding any of the programs that are desperately needed to actually reduce juvenile crime. Bobby Scott

Juvenile stage is a transition from childhood to adulthood, with sky is the limit expectation and hope, which is a stage of tremendous physiological, hormonal, emotional as well as structural change in the human brain and therefore it is a time of great vulnerability.

Recent spine chilling incident of rape and murder in Delhi followed by rape of a journalist in Mumbai, along with many such incidents in the media has started a debate in every corner of the country from drawing room to parliament, has the time come to prosecute juveniles as adults in case of heinous crime? Looking at the degree of cruelty and violence of the incidents and nature of crime, is it become necessary to prosecute the juvenile as adult?

National Criminal Record Bureau (NCRB) in its report on Crime of India 2011 and 2012 has given some eye opening statistics on the ever increasing juvenile crime. Juvenile crime has increased by 64% in the age group of 16-18. Similarly rape, theft and abduction of women have risen by 188%, 200% and 600% respectively. So this data is crystal clear to show that time has come for a stringent punishment as that of adults in case of heinous crime. However, both the side of the coin must be studied and analysed before jumping to the final conclusion.

Coupled with this, according to Juvenile Justice Act, 2000, current provisions to deal with juvenile crime, is based on counselling and send to remand home. But the fact is that we have only 700 plus remand homes to accommodate 35,000 juveniles whereas in India little less than 24 lakh cases related to juvenile delinquency are going on India. Moreover, Rehabilitation home lacks skilled, trained and committed staff. Even it is in media that, juveniles learn modus operandi of crime from others in the home. So the expectation for transforming a juveniles brain in the remand home seems a big question. So the experienced and trained persons from institution like Tata Institute of Social Science can address this issue which should be done to achieve the objective of remand home.

So looking at the status of remand home and police report which shows that many of the remand home juveniles are repeated offenders, the imperative need of amending the Juvenile Justice Act, 2000 cant be ruled out. But can we amend the act, as India being the signatory of International law of UN convention on Right to child, 1989? We believe that under 18 are physically and mentally immature. So we can focus the nature of act for the juvenile crime in US and UK who are also signatory of the UN convention.

In US, for the age group of 13-15 and more, violent and serious crime, juveniles are transferred from youth court to adult court without considering them with compassion. As a result there is a reduction in number of juvenile crimes since 1990s in US. Similar fashion followed in UK with extended sentence for sexual assault and other cases is trailed in crown court and not in youth court. In short, UN convention is not restricting anybody to prohibit prosecuting a child as an adult in case of extreme form of crime. In other words it is giving enough scope to prosecute them as adults. So time has come to amend the law in the line of US and UK which has seen dwindling of the heinous crime.

Since law is dynamic concept, with change of time and circumstances and there should be progressive legislation which can check the deterrent of social ethics and behaviour of juvenile. So time has come for a get tough approach for the heinous crime. However, the other side of the coin need to be studied to understand upto what extent of crime can be treated to fit as adults. There are certain misconceptions prevailing in the society which have to be understood in this regard.

First misconception, juvenile crime is extremely high in India. In fact 1-2% of juvenile crimes come under Indian Penal code. Among them, heinous crime is a fraction. Juvenile Crime many a time exaggerated by media, that paints a wrong picture in the society. Experts are of the view that, major reasons behind this are poor financial status, illiteracy and improper guidance. So it is time to give a strike at the root by ensuring education coupled with employment for the juveniles.

Second misconception, there should not be any difference in trial of a juvenile and adult. Various reports suggest that likelihood of adolescents committing crime is higher than adults due the emotional and physiological transition. So they need utmost care and attention to complete their rough passage to adulthood. So they deserve a second chance in case of minor crimes. Hence all cases pertaining to juvenile may not be treated as one fit for all approach.

Third misconception, juvenile committing crime cant be reverting back. An organisation named ECHO, has trained juvenile criminals to assist traffic police so gave them an opportunity to become law enforcer from law breaker. So the fact that cant be ruled out that, if wrong circumstances made them criminal, proper opportunity and support also can drag them back to the main stream. It is a matter of chance that education and proper guidance make other civilised otherwise they would have the same fate as that of juvenile crimes. We need to understand that, If We can change the gene of any living being by genetic engineering, we also can change the behaviour and attitude of a juvenile. Cant We? It is only it is a matter of commitment and determination.

Hence from the above discussion, one can conclude that all form and kind of juvenile crime should not be treated as adult crime. There should be a clear cut distinction between natures of juvenile crime that can be treated as adult, by amending the Juvenile Justice Act, 2000. The punishment of the convict should be on the case to case basis. However, heinous crimes need to be dealt with stringent measures. The degree of punishment should be in proportion to the nature of crime.

There is no doubt that the juvenile crime is increasing day by day which must be checked with stringent law. However, the softness, tender and immaturity of the juvenile are worth of understanding and giving value. Imagine a beautiful flower was crushed and chopped when it was a tender bud. Do these kinds of buds only meant for ruthless plucking?

by AJIT KUMAR NAYAK,

SEBI : AN EFFECTIVE REGULATORFor growing and dynamic country like

SEBI : AN EFFECTIVE REGULATORFor growing and dynamic country like india, capital markets play an important tool of not just attracting domestic and foreign investment but also reflect the state of affairs of our country. SEBI has been entrusted with responsibility for everything that is right or wrong in Indian capital markets. With changing times, challenges turn up thereby the need for reform rises.. JOURNEY SO FAR > SETTLEMENT SYSTEM: introduction of T+5 rolling settlement in 1998, now gradually opting for T+2 basis. >DEMATERIALISATION OF SHARE CERTIFICATES: need was felt to avoid theft or forgery or delay of share certificates.>FOSTERING MUTUAL FUNDS: by relaxing KNOW YOUR CUSTOMER (KYC) norms, popular and much safe.>EYE ON FIIs: revised FII limits regularly and imposed checks and balances to curb flow of black money into Indian markets. >IPO REFORMS: strict vigil on usage of issue proceeds, greater disclosure of companies and their accounts, introduction of e-IPO procedure electronic bidding. >GRIEVANCE REDRESSAL: SCORES ( SEBI COMPLAINTS REDRESS SYSTEM) to assist investors lodge complaints in a structured way. CHALLENGES AHEAD > need for a robust framework to curb INSIDER TRADING and to upgrade its manpower and capacities to deal with situations.> Issue of fraud CIS (collective investment scheme) have to be dealt with. > Introduction of regulatory changes in primary and secondary markets. >focus on supervision of security market intermediaries such as fund managers. POWER SECTOR ENERGY POLICY of INDIA is predominantly controlled by ministry of power, ministry of coal, ministry of new renewable energy and administered by PSUs. The massive breakdown of electricity in 2012, distribution losses, overload on grid, power scarcity has once again thrown the focus on health of power sector Few reforms include on>GRID COLLAPSE: its a symptom of sickness caused by technical deficiencies and political efficiency. Frequency falling below 49hertz and failure or tamper if circuit breakers can cause a grid collapse. The solution lies in restructuring SEBs (STATE ELECTRICITY BOARDS) put an end to FINANCIAL mismanagement, need for a national grid or smart grid, reducing losses through efficient management. >POWER SCARCITY: serious demand supply gap during summers due to theft and substandard equipment. Improve power generation strategy by use of techy up gradation, fuel mix, use of non conventional sources, control input cost.>SIMPLIFY BID STRUCTURES AND ENCOURAGE COMPETITION: to reverse the flow of falling private sector investment in electricity generation, the need arises to boost generation by completion of project on time, clear finance concerns, ensure fuel security, segregation of risks among players. > TRANSMISSION STRATEGY with focus on national grid, interstate connections, optimization of transmission cost.> CONSERVATION STRATEGY: focus on demand side management, load management, techy up gradation to provide energy efficient gadgets.JUDICIAL REFORMS >DISTURBING TRENDS OF JUDICIAL ACTIVISM: PIL need to be used for protection and guardian to protect right of citizen and not correcting act of commission or omission of executive decisions.>LAWYERS STAY AWAY FROM COURT: frequent conflicts between police-lawyers when police refuse to file FIRs. Results in bail application difficult in their absence, litigants feel delay and frustrated, frequent adjournments and boycott of courts. Its time for Supreme Court to enforce its ruling in this aspect. > JUSTICE DELAYED IS JUSTICE DENIED AND .. JUSTICE HURRIED IS JUSTICE BURRIED>NUMBER OF JUDGES TO POPULATION LOW (include MALIMATH COMMITTEE REFORM): India (10 lakh pop)10; usa107; Canada75>LACK OF ADEQUATE INFRASTUCTURE: SPECIALISATION required, training of staffs, e courts, amend archaic laws--CrPC, CPC, INDIAN EVIDENCE ACT. >ACCOUNTABILITY FOR JUDICIARY: LOWER COURTS have accountability to higher courts but no independence to innovate. HIGHER COURTS have independence but not accountable to lower courts or any (even in case of proved misbehavior go scot free, and prefix JUSTICE is not removed). >AGE OF HCs and SCs controversy: during 150th Bombay HC celebrations, PM advocated raise of age of judge of HC from 62-65. Reasons include competent authority; matured and experienced learner; may not opt for post retirement work.> NEED FOR ALL INDIA JUDICIAL SERVICES: will have representation all over India to give a secular look; corruption can be minimized through competitive authority postings. Central Pollution Control Board
A central institution established to set environmental standards for all parts of the country focuses on strengthening of CPCB and its preparedness to undertake various measures as suggested by environmental statutes.
It focuses on the following outputs/ aspects -

* Facilitate reprioritization/ reengineering of CPCB scheme with a view to increasing its efficiency, transparency and accountability.

* Assess the overall physical and financial outcomes and impact of CPCB scheme, as well as its cost effectiveness, during the Five Year Plan.

* Improve the quality of implementation and enhance the efficiency and accountability of the delivery mechanism.
issues

* The CPCB does not have sufficient teeth for pollution control and its infrastructure resources are not adequate to deliver the mandate.

* Although CPCB and respective SPCB are two independent institutions located at two different levels, they need to function jointly/cohesively and in a coordinated manner. The performance of CPCB in terms of its impact on pollution abatement and control depends largely on the efficiency and efficacy of SPCBs, CPCB should, therefore, have a stake in the governance of state boards. For this purpose, there must be representation of CPCB in the governing board of all SPCBs. This practice is being followed presently in Tripura.

* Presently there is no inbuilt performance review system of CPCB at regular interval by MoEF. The review should include both performance budgeting and perspective planning of CPCB.

* A committed and qualified strong workforce is required if CPCB has to become a Centre for Excellence for pollution control. In order to attract desired people there must be enough provision for training and exposure visits of the scientific staff so that they are updated with new technological development taking place across the globe.

* Availability of financial resources should be ensured if CPCB has to perform its mandate efficiently. Presently CPCB is entirely dependent on Government for funds. Accordingly, there must be quantum jump in financial support by Government to CPCB.

* It is also desirable that CPCB should reduce its dependency for funds on MoEF and look forward to other avenues.

* In general, pollution control strategies are based on regulations as is evident from the enactment of a large number of regulatory laws over the years. Inadequate emphasis has been laid on strategies based on technologies or comprehensive information to stakeholders..

* Environment being a common property resource can be handled properly through collective efforts rather than enforcing the regulations. Here the CPCB has to play a proactive role in the future. CPCB should work more closely with local communities and NGOs for creating awareness and knowledge about pollution abatement and control.

* There is a need for closer coordination with other Ministries and organizations which are directly or indirectly related to pollution control.
Suggestions for some priority programs of CPCB are listed below -

* Prepare and monitor action plans for Critically Polluted Areas (CPAs).

* Develop and implement, on a pilot scale, PPP models for setting up CETPs, CTDFs, CBMTDFs and STPs.

* Prepare and implement an action plan for major cities for treatment, reuse and recycling of sewage and effluents.

* Promote R&D in development of low cost technology for effluent and sewage treatment, including ZLD, wherever feasible.

* Explore outsourcing of functions such as training and awareness.

* Strengthen the monitoring and enforcement of emission and effluent standards both for point and non-point sources.

Inland Waterways Authority of India (IWAI) was set up in October 1986 vide IWAI Act 1985 declared through Acts of
Parliament come under the purview of Central Govt/IWAI; other waterways under the respective State Govts.
IWAI is mandated to take up

>Infrastructure development & regulation on NWs ( new waterways)
>Techno- economic feasibility studies
>Advise the Central Govt on IWT matters ( inland water transport)
>Assistance to States in IWT development
Constraint in the Development of IWT

* Diversion of water for irrigation, industrial and other needs reducing the flows in the rivers resulting in the reduction of depth and shoal formation.

* Excessive silt loads from erosion of uplands due to bad catchment management and increased deforestation.

* Inadequate river conservancy measures, resulting in gradual deterioration of waterways.

* Non availability of adequate navigational aids resulting in unsafe passage and high travel time.

* Inadequate vertical and horizontal clearances for plying vessels of economic size in many traditional waterway routes.

* Lack of adequate terminal facilities at the loading and unloading points being non-existent and where existent being inadequate
FORWARD MARKET COMMISSION
The Forward Markets Commission is a regulatory body for commodity markets in India. The
forward contracts in commodities are regulated as per F.C.( R ) Act, 1952 by this body. Inherent objective is to achieve price stability by means of price discovery and risk management. The Commission also collects information regarding the trading conditions in respect of goods to which any of provisions of Act is made applicable. It also advises Central Government regarding recognition of associations.Limitations of FMC
Following are the limitations of FMCs
a. Option trading prohibited
b. Functions as a Government department with limited autonomy with respect to
1. Recognition / de-recognition of exchanges
2. Regulation of intermediaries
3. Financial and administrative autonomy.
c. Market expansion has put heavy pressure on the FMCs coping capacity.Issues and Challenges

Strengthening of and Autonomy for the Regulator:
Currently, the commission is an arm functioning under the Ministry of Consumer Affairs
and it looks after the working of futures exchanges also and needs to seek government permission for many decisions.
.
Increasing the breadth and depth of the market
For increasing breadth and depth of market, there is necessity of participation of farmers/
aggregators and other hedgers as well as participation of banks and mutual funds.

Improving the Governance of Exchanges and Intermediaries
Possible way to improve this can be stricter enforcement of legal and regulatory provisions
and improvement in competencies and transparency.
Standardization of contract designs and quality parameters across the market.

Capacity Building: FMC, Exchanges, Warehouses, Assayers.
R and D in Commodity market governance and structural issues. BY NEHA NINAWE
REFERENCES:the Hindu, Indian express, news on air, net digging

DO JUVENILE JUSTICE SYSTEM ABETTING CRIMES BY MINORS?

Recent News: One of the six men involved in the Nirbhaya gang-rape in Delhi, was ajuvenile at the time of committing the crime. And whilethe rest of the co-accused were awarded death sentences recently, the juvenile will walk away a free man after three years at a reformatory home as per the Juvenile Justice Act.

According to law enforcers, there is a rise in the number of juvenile criminals across the country, but the alarming fact is that the age of offenders has also been plummeting. Worse still, youngsters are not just committing petty crimes, but rather heinous ones like rape and murder. Are youngsters unafraid of committing crimes because of the rather lenient Juvenile Justice System?

What is our Juvenile Justice system is dealing about?

INTRODUCTION:

Juvenile or Child means a person who has not had completed 18th year of age. Under the criminal jurisprudence, juvenile/child is treated differently from adults. The young ones between certain age groups are susceptible to temptations of life and become criminals. If the criminal traits are not corrected in time, they become hardened criminals in future.

It was found that if a child is taken good care, he or she turns out to be a good citizen with good mental and physical faculties, but under bad surroundings, and neglect of basic needs, children become juveniles in conflict with law. Neglected children fall an easy prey to criminality.

By the end of 18th century, the problem of Juvenile offenders was seriously viewed. Special concessions were granted to Juvenile in conflict with law both in civil matters and that of crimes. Till then, Juveniles were dealt in a similar mode like adults.

Juvenile in conflict with law means a large variety of disapproved behaviors of children and adolescents. The society does not approve of such behavior and in the public interest, some kind of punishment or corrective measure is inflicted on the Juvenile in conflict with law. For example, acts like begging, drinking, gambling, loitering, rebellious behavior towards the society, etc., are included under the term Juvenile in conflict with law.



CAUSES OF JUVENILE IN CONFLICT WITH LAW:

1. More urbanization has led to temptations for modern luxuries in the minds of children, which prompt them to do wrongful acts to satisfy their wants.

2. The lack of parental control and broken homes are also causes of increase in Juvenile in conflict with law.

3. Increasing cases of matrimonial disputes affect family integrity which in turn makes the child go astray.

4. Watching pornography.

5. The problem of culture-conflict and inability to adjust to rapidly changing pattern of living by adolescents, prompt them to commit crime.

6. Biological factors like early physical maturity without corresponding mental growth account for delinquencies among Juveniles. This is especially in the case of girls who fall easy prey to sex mal-adjustments.

7. The inability of parents to provide essential necessities of life to children is also a cause for Juvenile in conflict with law.

8. Lack of proper education, child labor, etc., are also the causes for children to fall a prey to criminality.

JUVENILE IN CONFLICT WITH LAW IN INDIA:

When compared to other advanced countries, the problem of Juvenile in conflict with law in India is not so tense. However, the free and licentious life of the western countries have affected the modern Indian youth.

Special provisions now exist in India and special methods have been devised to tackle the problems of Juvenile in conflict with law, based on the assumption that a young offender should not be tried but corrected and should not be punished but reformed.

There are certain special provisions regarding the Juvenile in conflict with law in the Indian Penal Code, 1860 and Code of Criminal Procedure, 1973.

1. Section 82 of IPC deal with a child below seven years as incapable of committing a crime (doli incapax).

2. Section 83 of IPC deal with a child between seven and thirteen years of age is considered to be of a limited criminal liability (doli capax).

3. According to Section 360 of the Code of Criminal Procedure 1973, any person below 21 years of age or any woman convicted of an offence not punishable with death or imprisonment for life, if there is no previous conviction against that person, may be released on probation of good conduct.

4. Section 27 of the Code of Criminal Procedure 1973 provides that a person below 16 years of age committing an offence not punishable with death or imprisonment for life should be awarded a lenient punishment depending upon his previous history. Also, commutation of sentence for good behavior is also done in such cases.

5. In order to prevent the disclosure of the proceedings to the public, the proceedings are conducted in camera (closed chamber) without publishing the name and address of the Juvenile in conflict with law.

SUGGESTIONSTO CONTROL JUVENILE DELINQUENCY:

6. By conducting effective juvenile educational programs and by conducting activities aimed at the prevention and control of juvenile delinquency.

2. Changing the local conditions which contribute to juvenile delinquency.

3. Developing recreational and other programs for juvenile and youth.

4. Involving local, State and Central officials, public and private agencies to devise methods for the reduction and prevention of juvenile delinquency and also treatment of delinquent children.

5. Preparing and recommending new legislations for the improvement of the juvenile justice system in India.

6. Periodical reviewing of rehabilitate placement of children and recommending alternative placements where ever appropriate.

OBJECTIVES OF THE JUVENILE JUSTICE ACT (CARE AND PROTECTION OF CHILDREN) 2000

The Juvenile Justice Act 2000 came into force after replacing the Juvenile Justice Act, 1986 and the Children Act, 1960 and other State enactments on the subject of Juvenile in conflict with law.

AIM:

* The Act was to consolidate and amend the law relating to (i) juveniles in conflict with law and (ii) children in need of care and protection.

* The Act provides for proper care, protection and treatment by catering to the development needs of such children.

OBJECTS AND REASONS:

The justice system as available for adults is not suitable for being applied to a juvenile or the child. Hence, there is an urgent need for creating adequate infrastructure necessary for improving juvenile justice system in India with larger involvement of informal systems like the family, the voluntary organizations and the community. In this context, the following further proposals have been made for improving the Juvenile Justice system in India:

* To lay down the basic principles for administering justice to a juvenile or the child.

* To make the juvenile system meant for a juvenile or the child more appreciative of the development needs in comparison to criminal justice system as applicable to adults.

* To bring the juvenile law in conformity with the United Convention on the Rights of the child.

* To prescribe a uniform age of eighteen years for both boys and girls.

* To ensure speedy disposal of cases by the authorities regarding juvenile or the child within a time limit of four months.

* To spell out the role of the State as a facilitator doer by involving voluntary organizations and local bodies in the implementation of juvenile justice.

* To create special juvenile police units with a humane approach through sensitization and training of police personnel.

* To enable increased accessibility to a juvenile or the child by stabling Juvenile Justice Boards and Child Welfare Committees and Homes in each district or group of districts.

* To minimize the stigma and in keeping with the development needs of the juvenile or the child, one for juveniles in conflict with law and the other for the juvenile or the child in need of care and protection.

* To provide for effective provisions and various alternatives for rehabilitation and social reintegration such as adoption, foster care, sponsorship and aftercare of abandoned, destitute, neglected and delinquent juvenile and child.

CONCLUSION:

The Act 2000 adopts a child friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this Act.

But to say the age of criminals is getting frighteningly younger. Juvenile is really a state of mind, and possibly not only a state of body. To that extent, we should be careful to review and revise norms that define who is a juvenile and who is not. Being below the age of 18 is not a getaway age. Crime at any age must be treated as a crime. Youngsters grow up earlier today. Keeping this in mind, it is time to look at juvenile crime with a different yardstick of severity altogether.

* * * * * * * * *

Name:ABINAYA SAKTHIVEL



References:

* Statutory material The Juvenile Justice Act, 2000

* Juvenile Justice Act S. Sambandam

* Outlines of Criminal Procedure R.V. Kelkar

* www.lawnotes.in