Custody in Juvenile Institutions (हिंदी में पढ़ने के लिए यहां क्लिक करें)
Custody in Juvenile Institutions
Remand Homes (now renamed as observation homes), certified schools, reformatory School, borstal School and probation hostels are some of the important institutions use for custody and correction of juvenile delinquents in India.
Children’s acts were enacted back in different states for the treatment and protection of young offenders, and for custody, trial and punishment juvenile delinquents.
Madras (Tamilnadu) enacted such an act in 1920, Bengal in 1992, and Bombay (Maharashtra) in 1924. After that, all states passed these acts.
Besides juvenile delinquents, these apps also deal with the neglected, destitute and socially handicapped children, victimized children, the uncontrollable children. But these acts have now been replaced by the juvenile justice act 1986. A Review of the situation shows that decide the children act 1960, passed by the union and state legislatures, all the states except Nagaland and Jammu Kashmir had already enacted their laws.
Around 55 districts of the country, however, were not covered by any of the children’s acts. With the new 1986 act, supersedes different children’s acts in different states and union territories, The whole country has now been brought under it.
The children act suffered from many deficiencies in the absence of a uniform law for the country as a whole.
Some of the deficiencies are as follows:
- The upper age limit and defining a ‘child’ varied from state to state
- All states had not provided for juvenile courts
- Institutional facilities were devoid of any well-defined criteria and norms to regulate capacity, staff, programs, etc.
- No minimum standards for basic needs, living conditions, or therapeutic services existed
- In most of the states, neglected children were huddled together with juvenile delinquents.
An important feature of the 1986 act is that- It provides a differential approach in dealing with the never ‘Neglected juvenile’ as opposed to the ‘delinquent juvenile’. The former category includes juveniles who are likely to be abused, United and inducted into criminogenic life and are in need of legal support to be weaned away from each such situation. The juvenile delinquents under no circumstances are to be lodged in jails with other prisoners.
The neglected children will have to be kept in children’s observation homes. Under the act, Boys up to 16 years of age and girls up to 18 years of age will be dealt. Under the juvenile law in case of commission of crimes. While neglected juveniles are to be produced before the juvenile welfare board, Delinquents are to be dealt with by the juvenile courts. The Neglected juvenile is to be sent to the juvenile home only if his care with the parent, guardian, or a fit person or an institution is not found feasible.
For juvenile delinquents, special homes are required to be set up with facilities for accommodation, education, vocational training, and character building.
The act requires the state governments to create a fund and to exclusively utilize it for the welfare and rehabilitation of juvenile dealt with under the act and also to the constituted advisory board to advise the authorities concerned on matters relating to establishment and maintenance of homes, mobilization of resources, and so forth.
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