Juvenile justice in India is refers to the legal framework and legal provisions dealing with children who have committed crime and care and protection of the children who are harassed from sexual harassment. government of India make rules and regulations to addressed the specific needs of children who belongs to age 7-18.

Children cannot punished same manner as adults. Indian government make a Juvenile justice (care and protection act of children) act 2015. to safe guard the children from any harassment. The Juvenile justice (care and protectipn ) act defines a child as any who has not completed the age of 18 years of old this act repealed the Juvenile justice act. 2000 and provides the functions. some serious penalties and role of Juvenile justice board and the child Welfare committee in addressing the Juvenile crimes in India.

The Juvenile justice act has been made in pursuance of the constitution of India which mandate equal rights for children and aslo mandate upon state. Inter alia. to take suitable measures for protection of the children. this act also fulfilled the India's commitment as a signatory to the united nations conventions on the rights of children. The united nations standard millennium rules for the administration of Juvenile justice. 1985.

The children almost half of the world's population. they are the future of the mankind and asset of the nation. they inherit the past and they are the future of nation and world. They have also right to live and grow as child. However. as the children they are not aware about their rights and duties. so that's why they become the victim or delinquent.

History of child delinquency laws in India
The first legislation on Juvenile justice (care and protection of children ) in India came in 1850 with the apprentice act which required that children between the ages of 7 to 18 conviction in the court to be provided vocational training as part of their revival process. later this act was translated by the reformatory school act, 1897.the Indian Jail committee and after this the child act of 1960. the first proper invention by the government of India in justice for children was the national children act, 1986. And in 1992. India ratified the united nations convention on the rights of the children (UNCRC).

To adapt the standards of the convention. the 1986 act was repealed and the Juvenile justice (jj) act 2000 was passed. The Juvenile justice act 2000 dealt with two categories of children viz. 1. child in conflict with law and 2. Children in need of care and protection. this act said. the act came to be amended from time to time to incorporate new provisions and new concepts to related with to children rights care and protection.

Understanding and need of children protection
India is the country of 472 million children in age group of 0-18 years old. So unfortunately. India is the home of many child labourers. some homeless children. migrant children. orphans. abandoned children. runways and victims of sexual and other forms of child abuse. Almost 39 percent of the Nations population vested on children. Unfortunately. India's future vested with these citizens of today and tommow.

The correlation between children who came in conflict with law and those in need of care and protection. is a strong one. Large number of children in India are belonged to poor families. whose annual income was up to only INR 25,000. 46 % of the children apprehended were either illiterate or had been only to primary school. Hence. its addressing the needs of vulnerable children is critical to the prevention of crime by children.

In its simple form. children protection addresses evry child's right to not be subjected to harm. Protection of from or against any perceived or real danger or risk to their life. their childhood and personhood. reducing vulnerability to any kind of harm and ensuring that no child falls out of the social safety net and in case children fall out of the safety net then ensuring that that receive necessary care and protection and support so as to bring then back into the safety net.

Definition of Juvenile:
In India the issue is more complex. with different laws at different times recognizing the age criteria different types. In UNCRC defines as a child person up to the age is 18 years. importance is that both the national policy for children 2013. the Juvenile justice (care and protection ) act 2015 ; the protection from the sexual offenses act. 2012, (POSCO). the child and adolescent labour act, 1986. all define children as person up to 18 years. the child marriage prohibition act. 2006 (CMPA), has the cut off age of 18 years for girls and 21 for boys.

Table of definition of child:

Law / Legal provision, Act	Age
Right to free  and compulsory Education Act	Up to 14 years
Indian majority act	18 years
Juveline justice ( care and Protection ) Act	Up to 18 years
Prohibition of child marriage Act	18 for girls and 21 for boys
Protection of children from sexual offences Act	Up to 18 years

Status of children under the Indian constitution:

• Article 21A of Indian constitution Right to Education. free and compulsory education for all the children who are in the age of 6-14 years.
• Article 39(e) provide Right to protect from being abuse and forced by economic necessity.
• Article 24 of Indian constitution to Right to be protected from any hazardous employment till the age of 14 years.
• Article 39(f) of Indian constitution provide to Right to equal opportunity and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation.
• Article 45 of Indian constitution. Right to early childhood care and education to all children.

Reasons for amending the Act. 2000

• The government of India amended the existing law dealing with children in conflict with the law citing implementational issues and procedural delays with adoption.
   
• The Juvenile justice (care and protection of children) act 2000, did not have provisions for the reporting of abandoned or lost children to appropriate authorities, the purpose to ensure their care and protection.
   
• The legislation strive to achieve balance between child rights and justice by not sentencing Juveniles to death penalty and life imprisonment.
   
• In Act there was no provisions to distinction between in conflict with the law and children in need of care and protection. the amended act changed these provisions.
   
• The act become necessary to amend in the wake of Nirbhaya rape case. 2012. Where one of the member was a Juvenile. The amendment in this act to provide for more severe punishment for heinous crimes committed by children above the age of 16. The amended was made after several protests and appeals from the public and legal experts.in demanding strict punishment for Juvenile criminals. the unfortunate and barbaric gangrape incident of Delhi. which shook the entire nation and became a major reason to amend the Juvenile justice act,2000.
   
• Due to this incident the existing Juvenile justice act suffered a nationwide criticism owing to its helplessness specially between the age group of 16 to 18 years. to get involved in heinous crimes like rape and murder case. The following the sequence of events due to Nirbhaya gangrape case. an urgent need to change in the present law was felt where 16 to 17 years old.
   
• The act was not deal with physical and psychological maturity of the children.
   
• The provisions of Hague convention on protection of children and cooperation in respect of inter country adoption 1993, failed to reflect in the act.
  
   

The Juvenile justice ( care and Protection of children ) Act 2015
As has been already discussed, the Juvenile justice Act. 2015 deals with 2 categories of children - those who are conflict with law (CICL) and those who needs care and protection (CNCP). it also deals with the rights and procces for children who are to be put up for adoption. they are also need care and protection.

The Juvenile justice care and protection act, 2015 contains 112 sections and 10 chapters. this act is related with the basis need through proper care of the children. protection of child. child development. treatment. social reintegration by adopting a child friendly approach in the adjudication and disposal of matters in the best interest of child.for the purpose of this act, the state and the central government shall take necessary steps to ensure that___.

Definition
Section 2 of the Juvenile juctice care and protection act defines who are child.
"child" means a person who is not complete the age of 18 years.
"child in conflict with law " means those children who is found to have committed an offence and who is not complete the age of 18 years.

Basis principles of care and protection

• It is the duty of state government and central government or other authorities to implementing the provisions and sections of this act and shall be guided to the people.
• As all human beings have equal dignity and rights so children also have the right to be treated with equal rights and dignity.
• Every child presumed to be an innocent of any mala fide and criminal charges until the age of 18 years.
• There should be no discrimination with children on the basis of cast. color. birth place. disability and ethnicity.
• Every child have right to free and compulsory education until the age of 18 years.
• The primary responsibility of care and protection of the children of the biological parents until they complete the age of 18 years.
• Protection of the children form any type of harassment and sexual offence against the child.

Juvenile justice board for juveniles
It is the duty of every state to make Juvenile justice board in every state for exercise the power and functions of the board related with children in conflict.

The state have the duty to consist of a metropolitan magistrate or a judicial magistrate of first class with at least 3 years experience. 2 social workers and one woman forming a bench and every bench have the power conferred by the code of criminal produser,1973.

No officer is appointed as a member of the board until they are not involved actively in health. education. or welfare activities for atleast for seven years and practicing as a professionals degree in children psychology and law.

That person not eligible for selecting as a member who commit crime against humans rights and children rights.

Then the ultimate responsibility of district magistrate to implementing the law in society.

Case: Pratap Singh vs. state of Jharkhand 2005 SC 2731
According to section 9 of the new Juvenile justice board. the magistrate who is not exercise the power of Juvenile justice board under this section. the opinion of the court that a person brought or appearing before him with allegation of having commit any offence is a child. then the board shell without any delay. record such opinion and forward the child record to the Juvenile justice board. the Juvenile justice board take step immediately.

Social Impact:

• Children are the most valuable property and they are resources of the nation as they are consider future of the nation lies in the hands of the children. so that's why its necessary to ensure that childs do not go to commit crimes.
• The Juvenile justice system of Juvenile justice act is very important because it gives second opportunity to young offenders who are less then 18 years and saves his life.
• The fundamental object of the Juvenile justice board system to make successful reintegration of childhood into society and the development the skills. habitation.
• Under this act children are protected from crimes. sexual offenses.abuse and harassment which are committed them.
• Juvenile justice act ( care and protection )2015. provides fair justice to children. their rights are protected.
• This act reduced the number of crimes commit by the Juveniles who are below the age of 18 years.

Conclusion
It is rightly said that prevention is then cure. there is need to ensure that Juveniles do not go forward to commit crimes at all.The new Juvenile justice board of India extended its definition of heinous offences like rape and murder committed by a Juvenile. Heinous crimes includes all offenses that are punishable with seven years or more. heinous crimes includes like waging war, drugs. trafficking etc. the central government amended Juvenile justice board act. 2015. According to Juvenile justice board some crimes commit by a minor person. shall be treated as a major or adult.

As per the new Juvenile justice board. there is a provisions of availing the experts around 600 in district court in our county to solve the problems of Juveniles and decide whether a child commit a crime is a child like manner or not.

References:

• Smt. Smriti Zubin, Minister of women and child development committee
• The Juvenile justice (care and protection of children ) amendment Act, Models Rules.2015
• The Juvenile justice (care and protection of children ) amendment Act.2021
• The national policy for children. 2013
• Supreme court guidelines

Written By Lakshmi Singh, Student, Lovely Professional University In Punjab, Phagwara.