lawyers in India

Rights of the Child and the Juvenile Justice Care and Protection of Children ACT, 2000

Written by: Mohit Aggarwal - M.S. Law College, Cuttack
Cyber law
Legal Service India.com
  • Human rights are those rights which are essential to live as human beings' basic standards without which people cannot survive and develop in dignity. They are inherent to the human person, inalienable and universal. As part of the framework of human rights law, all human rights are indivisible, interrelated and interdependent. Understanding this framework is important to promoting, protecting and realizing children's rights. Despite significant efforts to improve rights of the child, vulnerable and marginalized children are being forgotten. Children who are victims of abuse, exploitation and discrimination, and suffer exclusion from education, healthcare and other vital services, are being largely overlooked by international development efforts that could dramatically improve their lives and prospects.

    Children who lack protection are often invisible. Millions of children are invisible to the world because their plight is hidden, under-reported, or openly neglected. Children who are most likely to become invisible have no formal identity, grow up without the loving care of parents or family, are pressed too early into adult responsibilities, and exploited for profit. The world cannot afford to let children slip from view. By allowing children to disappear from view and failing to reach and protect them, societies condemn children to more neglect and abuse, with lasting consequences for their well-being and for the development of their communities and countries.

    Children need a protective environment to shield them from harm. All levels of society íV from families and governments to teachers and the media have a part to play individually and collectively to prevent abuse and to ensure that children are not made invisible or forgotten. Children deserve to live in safety and with dignity. Abuse and exploitation are an affront to every child's dignity and an intolerable violation of their rights. Protecting children is essential to their physical and emotional health, their general well-being, and their ability to develop to their fullest potential. It is therefore essential to the human and economic development of nations.

    UNICEF's Role

    UNICEF's mission is to advocate for the protection of children's rights, to help meet their basic needs and to expand their opportunities to reach their full potential. UNICEF is guided in doing this by the provisions and principles of the Convention on the Rights of the Child. Built on varied legal systems and cultural traditions, the Convention is a universally agreed set of non-negotiable standards and obligations.

    These basic standards also called human rights' set minimum entitlements and freedoms that should be respected by governments. They are founded on respect for the dignity and worth of each individual, regardless of race, colour, gender, language, religion, opinions, origins, wealth, birth status or ability and therefore apply to every human being everywhere. The Convention on the Rights of the Child is the first legally binding international instrument to incorporate the full range of human rights' civil, cultural, economic, political and social rights. In 1989, world leaders decided that children needed a special convention just for them because people under 18 years old often need special care and protection that adults do not. The four core principles of the Convention are non-discrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child. Every right spelled out in the Convention is inherent to the human dignity and harmonious development of every child. The Convention protects children's rights by setting standards in health care; education; and legal, civil and social services. The principles outlined in the international human rights framework apply both to children and adults. Children are mentioned explicitly in many of the human rights instruments; standards are specifically modified or adapted where the needs and concerns surrounding a right are distinct for children.

    All children have the same rights. All rights are interconnected and of equal importance. The Convention stresses these principles and refers to the responsibility of children to respect the rights of others, especially their parents. By the same token, children's understanding of the issues raised in the Convention will vary depending on the age of the child. Helping children to understand their rights does not mean parents should push them to make choices with consequences they are too young to handle. The Convention expressly recognizes that parents have the most important role in the bringing up children.

    The Juvenile Justice (Care And Protection Of Children) ACT, 2000


    The Juvenile Justice (Care and Protection of Children) Act, 2000, which has replaced the earlier Juvenile Justice Act, 1986, has been enforced in the entire country except the State of Jammu & Kashmir w.e.f 1st April 2001. The new law is friendlier and provides for proper care and protection. A clear distinction has been made in this Act between the juvenile offender and neglected child. It also prescribes a uniform age of 18 years below which both boys and girls are to be treated as children. It also aims to enable increased accessibility to a juvenile or the child by establishing Juvenile Justice Boards and Child Welfare
    Committees and Homes in each district or group of districts.

    A Programme for Juvenile Justice


    The Juvenile Justice (Care and Protection of Children) Act, 2000 lays down the primary law for not only the care and protection of the children but also for the adjudication and disposition of matters relating to children in conflict with law. For the implementation of the Act, the Ministry is implementing a plan Scheme called, Programme for Juvenile Justice.

    The objectives of the Programme for Juvenile Justice are:


    i. To extend help to State Governments to bear the cost of infrastructure and services development under the Juvenile Justice Act in order to ensure that in no circumstances the child in conflict with law is lodged in a regular prison.
    ii. To ensure minimum quality standards in the juvenile justice services.
    iii. To provide adequate services for prevention of social mal-adjustment and rehabilitation of socially mal-adjusted juveniles.
    iv. Ensure participation of community and other organizations into the care and protection of children in conflict with law who are perhaps more vulnerable than other groups of children.

    Judicial system for the juvenile and children are somewhat different. As a matter of fact, children lack maturity, they are in formative years, and can be reformed easily. So capital punishment or life imprisonment, committed to prison in default of payment of fine or in default of furnishing security cannot be awarded to them. Although the act constituting offences prescribed for the adults and the juvenile are the same, there is grate deal of difference as regard to the jurisdiction of the courts and procedure to be followed. The accused juvenile is not to be tried by ordinary criminal courts. Juvenile justice board deals them.
    These boards are to function in accordance with the special procedure laid down in the act.

    Our Commitments toward Children


    The children who are hardest to reach include those living in the poorest countries and most deprived communities; children facing discrimination on the basis of gender, ethnicity, disability or membership of an indigenous group; children caught up in armed conflict or affected by HIV/AIDS; and children who lack a formal identity, who suffer child protection abuses or who are not treated as children.

    Tackling these factors requires swift and decisive action in four key areas:

    1) Poverty and inequality.

    Adjusting poverty-reduction strategies and expanding budgets or reallocating resources to social investment would assist millions of children in the poorest countries and communities.?

    2) Armed conflict and 'fragile' States.

    The international community must seek to prevent and resolve armed conflict and engage with countries with weak policy/institutional framework to protect children and women and provide essential services. Emergency responses for children caught up in conflict should include services for education, child protection and the prevention of HIV transmission.

    3) HIV/AIDS and children.

    Greater attention should be given to the impact of HIV/AIDS on children and adolescents and to ways of protecting them from both infection and exclusion. The Global Campaign on Children and HIV/AIDS will play a significant role in this regard.

    4) Discrimination.

    Governments and societies must openly confront discrimination, introduce and enforce legislation prohibiting it and implement initiatives to address exclusion faced by women and girls, ethnic and indigenous groups and the disabled.

    Conclusion:
    They say, it is easier to mould a child than to mend a man and that the child of today is the citizen of tomorrow. It is, therefore essential that the criminal traits in youngsters be timely curbed, so that they do not turn in to habitual offenders in their forthcoming life. It is with this view in end that the problem of juvenile delinquency is presently being handled in India with grate significance. The Convention on the Rights of the Child, also, brings together the children's human rights articulated in other international instruments. The Convention, thus articulates the rights more completely and provides a set of guiding principles that fundamentally shapes the way in which we view children.

    The author can be reached at: mohitandmohit@legalserviceindia.com / Print This Article

    More Related Topics:

    Justice Delayed is Justice Denied by Pradip Kumar Das
    Do the Judges make or declare law with reference to Hart and Dworkin's Principle in Indian legal System
    Judicial Activism and Environmental Jurisprudence in India
    Judicial Activism V.Judicial Restraint
    Legal Education and Its Aims
    Contempt of Court
    26/11 trial
    Litigation and Delays in India.
    Restriction on Advocates
    Ethics of Judges and Judicial Accountability
    Justice Delayed Justice Denied
    Defending the Constitution and The Rule of Law
    Development of Adalat System during the time of Warren Hastings
    Impact of Globalization on Legal Education In India
    Commercial matter under Indian Arbitration and Conciliation Act 1996
    Enforcement of Competition Law In India: A Comparative Analysis With U.K and EU
    Justice delayed is justice denied
    Mesne Profit
    Rawls V. Ors
    Development and Human Right to Food
    Different Perspectives on Justice
    Judicial Process in India
    Professional Ethics
    Judiciary system in India
    Domestic and International Arbitration
    Natural Law
    Legal Rights
    Judicial Accountability in India
    Role of Intention in Fixation of Tortuous Liability
    Indian judicial process and its accountability
    Legislation and Common Law : Indian Legal System
    How lucrative is international sales of goods act 1980 ?
    Law Justice and Common Man
    Anti-Terrorism Laws
    Goods and Services Tax - Feasibilty in India
    Ethics - Professional Vs Personal, Law Ethics, Intellectual Property
    Wheels of Progress in Society - Law, Justice and Common Man
    Arbitration An Analysis
    Scope of Mamlatdar Court Act,1906
    Dismal picture of Ad-hoc Arbitration
    Review of National Education Policy from Student
    Enforcement of Foreign Awards
    Efficacy of alternative methods of administration of justice and accessibility to judicial system
    Examination of Witness By The Court In The Absence of Prosecutor
    Poor Accused Weeps In Silence
    Docket Explosion
    Power of Attorney
    Dying Declaration
    Judicial System Before 1947
    You Are (Not) Under Arrest
    The Image of Judiciary Should Be Protected
    Interpretation of Statutes
    The Code of Hammurabi
    A Sense of Justice
    UTOPIA - A reality or a myth
    Basic Principles and Rules of Law of Evidence
    The Trial Judge: His Power
    Access To Justice Civil Law and Common Law
    SP's note Lawyer's Bar Consultant
    Ownership
    Theory of Unjust Enrichment
    Higher Education and Research bill: Implications on Legal Education
    Judicial review on arbital awards in india
    The Legal system in ancient India
    Contra Proferentem - My Piece of cake
    Law and Social Change in India
    Basic Principles and Rules of Law of Evidence
    Professional Misconduct by lawyers in India
    Professional misconduct of lawyers in india
    Judges of Supreme Court and High Court can be Impeach - A Controversy
    Natural Law Theory
    The Inherent Powers of the Court
    Law and Learning Foreign Languages
    National Judicial Appointment Commission
    Right To Be Born And Indian Legislative And Judicial Framework
    Law and Morality
    Litigation: An Inherited Proletarianism
    Lets Be Defiant
    Theory of Justice by John Rawls: its criticism by Martha C. Nussbaum and Amartya Sen
    Role of Judiciary In Strengthening PIL
    Tribunalization of Justice
    National Judicial Appointment Commission Act
    Role of Lawyers in Social Transformation
    Theory of Relationship between Law and Morality
    Law Firm Document Management Software
    Legal Profession in India
    Freedom of Business, Trade and Profession
    Representation of Women in the Legal Profession In India
    How to get Real Time Experience of solving Legal Issues
    Empowering Aspiring Advocates is necessary
    Qualities to Look for Divorce Lawyers
    How to Identify Best Criminal Lawyers

    How To Submit Your Article:

    Follow the Procedure Below To Submit Your Articles

    Submit your Article by using our online form Click here
    Note* we only accept Original Articles, we will not accept Articles Already Published in other websites.
    For Further Details Contact: editor@legalserviceindia.com


    Divorce by Mutual Consent in Delhi/NCR

    Mutual DivorceRight Away Call us at Ph no: 9650499965

    File Your Copyright - Right Now!

    Copyright Registration
    Online Copyright Registration in India
    Call us at: 9891244487 / or email at: admin@legalserviceindia.com