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Juvenile offenders are those Indians who are not adults or are not above eighteen years of Age. Most of them commit crimes at a very young age and this act is called Juvenile Delinquency the young person who breaks the law by committing a crime is called a Juvenile Delinquent. Reasons for Juvenile Delinquency in India When a Child Commits Crime Should he be blamed for it? Every child is born innocent, but because of not getting proper guidance and care and negative social and environmental factors, the juvenile mind gets diverted towards criminal tendencies. We cannot blame a child for committing a crime as there is various factor that makes them cause like Physical causes ( Heredity, serious disease, excessive physical strength), Mental Cause ( weak mentality, emotional instability) Family causes (Rigorous control, over protection, dowery) and other causes like illiteracy, terrorism, poverty, socialization, peer pressure, popular media, family abuse, lack of attention over the child, too much access to money to a child, access to technology. Juvenile Justice System’s History Before the 19th-century children were tried as an adult in court as they were considered young adults due to this instead of reforming or improving, they learn more about crime. so the first time in history United States create legal history by making the first Juvenile court in Chicago in 1899. This is because they felt that juveniles are not as mature as adults and that their direction in life can make the child a good person. then in 1985, the United Nation standard minimum rule for the administration of juvenile justice mentioned about the definition of juvenile and criminal responsibility is to be decided on the bases of the mental, emotional, and intellectual integrity of minors and in the case of Kent vs the United States the apex court verdict that Juvenile has right to know their crime and have a proper council. JUVENILE JUSTICE SYSTEM IN INDIA Before 1960, there was a different age limit for juvenile offenders according to the state children act generally sixteen for a male child and eighteen for a female child. Then after becoming India a signatory of the United Nations Declaration on the rights of children 1960 India come up with the Children Act 1960 according to which any person who has not completed the age of fourteen years is considered a minor. Because of the standard minimum rules of Administration of Juvenile justice adopted by the United Nation countries in November 1985 India repealed the Children act and come up with Juvenile Justice Act 1986 according to this girl age for juveniles decided to eighteen and the boy’s age was sixteen but the in 1989 Un adopted a convention on the right of the child in which child means a person below the age of eighteen years and with this Juvenile Justice act was revoked and come up with Juvenile Justice Care and Protection Act,2000 but after this various cases happen one of them was Nirbhaya Delhi Gang rape that forced the legislature to replace the Juvenile Justice ( care and protection act, 2000 with Juvenile Justice act, 2015. This law adopted the principle of Doli Incapex the minimum age of crime will be decided by the capacity of doing crime and according to this below the age of seven years is considered as incapable of committing a crime and the age group between seven and twelve in this innocence benefit can be given to the child and if a proved crime has committed then he will be punished according to children of age 16 to 18 and will be punished for liability of heinous crime. Juvenile House Arrest Alternative to confinement in locked detention facilities is juvenile delinquency court. Confining juveniles in locked jails can be psychologically damaging and dangerous to youth offenders. So the alternative for young offenders is House arrest in which juveniles are kept at hand here are monitored by an electronic monitoring device. Confining juveniles is not appropriate for minor offenders but it can be a reliable alternative to detention in some cases. House Arrest House arrest is also known as Home Confinement. it is an intermediate community corrections program made to prohibit the working of young offenders.House arrest is an alternative to the detention of a minor to restrict him from offensive activities and capture them in the home for some hours. It can be with or without electronic monitoring. During home confinement, a juvenile delinquent is only allowed for the very essential purpose for a specific time like a court appearance and for school. A house-arrested minor can be monitored by frequent probation visits and electronically. Minor has to wear an electronic monitoring device equipped with a GPS sensor that transmits remotely the location of a minor at all times. Electronic Monitoring Electronic monitoring is used with home confinement. EM monitors the whereabouts of Juvenile offenders through electronic monitoring devices and by phone calls. Electronic Monitoring devices comprised of the wrist, and ankle bracelets, home monitoring, field monitoring device, alcohol and drug testing device, and voice verification, Electronic Monitoring system is more punitive than traditional probation and less restrictive than detention. At-home monitoring, devices wrist and ankle bracelets emit a unique signal and these monitoring devices communicate with the central computer in a monitoring centre by juvenile delinquent telephone or communication line and they are monitored 24 hours a day.
