Essential To Address Socio-Economic Factors Leading To Juvenile Delinquency; Need Focus On Reformation : CJI DY Chandrachud

Chief Justice of India DY Chandrachud on Saturday (May 4) delivered a lecture on juvenile justice at a symposium organized by the Supreme Court of Nepal in association with UNICEF. In his lecture, CJI Chandrachud made a comparative analysis of the juvenile justice systems in Nepal and India.He also spoke about the challenges facing India's juvenile justice system. A major challenge is the insufficient infrastructure and resources, particularly in rural areas, leading to overcrowded and substandard juvenile detention centers. This can hinder efforts to provide proper support and rehabilitation to juvenile offenders. Additionally, social realities must be considered, as many children are coerced into criminal activities by gangs. Juveniles with disabilities are also vulnerable, as evidenced by visually impaired children in India being exploited for begging by criminal syndicates.The increasing prevalence of digital crime presents new challenges. Juveniles are engaging in cybercrimes such as hacking, cyberbullying, and online fraud. The anonymity and accessibility of digital platforms make it easier for young individuals to be lured into illicit activities. Education and parental guidance are crucial in mitigating these risks.Capacity building is essential, requiring international cooperation and training in child protection for all stakeholders involved in the juvenile justice system. This training should include understanding child development, recognizing signs of abuse, and trauma-informed care.Quite often, we focus more on offences committed by juveniles than reflecting on their reformation. It thus becomes essential to acknowledge the complex nature of juvenile delinquency and take a comprehensive approach that addresses the underlying socio-economic factors contributing to such behaviour. By investing in strategies that prevent, intervene, and rehabilitate, we can build a society that is more inclusive and provides every child with the opportunity to fulfill their potential. Thank you."Quite often, we focus more on offences committed by juveniles than reflecting on their reformation. It thus becomes essential to acknowledge the complex nature of juvenile delinquency and take a comprehensive approach that addresses the underlying socio-economic factors contributing to such behaviour. By investing in strategies that prevent, intervene, and rehabilitate, we can build a society that is more inclusive and provides every child with the opportunity to fulfill their potential," CJI said.Excerpts from CJI's lecture :Background to the TopicChildren enter the world with a clean slate. Universally, we acknowledge the innocence of children as integral to their being and conduct. However, when a child encounters the legal system, it prompts society to introspect on the underlying systemic issues that may have driven them to commit a crime. As a population group, children are also the most disenfranchised and susceptible to oppression. These factors necessitate a sensitive and reform-oriented approach to children in conflict with the law as well as child victims of various crimes. The concept of advocating for a distinct and special form of justice for children and teenagers represents a relatively recent development in the annals of civilization and legal administration. During the mid-nineteenth century, significant strides were made towards establishing a separate system for dealing with juveniles. This included restructuring the role of magistrate courts in handling offences involving juveniles and establishing reformatories and industrial schools. Throughout the latter half of the nineteenth century, various institutions were created to supervise delinquent juveniles, with reform schools becoming prevalent in several jurisdictions. The establishment of Borstal Schools in various States across India is one such development. Borstal schools are corrective institutions which adopt a reformative approach towards adolescent offenders. At the heart of the development of juvenile justice lies the United Nations Convention on the Rights of the Child (CRC) of 1989, a cornerstone document that every country in South Asia has ratified. The CRC is a successor of UN Standard Minimum Rules for the Administration of Juvenile Justice 1985 (the 'Beijing Rules').1 These conventions prescribe the minimum standard for handling juvenile delinquents. The focus is not only on the post- conviction treatment of the juvenile. The emphasis is rather on ensuring that the process of criminal justice, right from the initial contact with police and prosecution is altered to suit the needs of juveniles.The establishment of a distinct juvenile justice system is a duty cast on the State in pursuance of its 'parens patriae' jurisdiction. The parens patriae jurisdiction casts a three-fold duty on the State. Firstly, this philosophy emphasizes handling juvenile matters informally and grants juvenile...

Essential To Address Socio-Economic Factors Leading To Juvenile Delinquency; Need Focus On Reformation : CJI DY Chandrachud

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