THE IMPACT OF LEGISLATIVE DISPENSATIONS ON THE CHANGING DIMENSIONS OF JUVENILE DELINQUENCY IN INDIA: AN ANALYSIS

Abstract

The advent of modernization, urbanization and industrialization has ushered in many problems leading to social disorganization including ‘juvenile delinquency’. This problem needs the greatest attention for the maintenance of social and cultural systems of any country.1 The need for a uniform frame work for juvenile justice in India, the provision for a specialized approach towards the prevention and treatment of juvenile delinquency’ and the necessity for spelling out the machinery and infrastructure required for the care, protection, treatment, development and rehabilitation of various categories of children as required by international norms motivated the enactment of the Juvenile Justice (Care and Protection) Act. In the preamble of the Act, the constitutional provisions, (Art.15 (3) Art. 39 (e) Art. 39 (f) Art. 45 and Art. 47.) and International norms and United Nations Standard Minimum Rules for Juvenile Justice are recited. In 2016, the total number of cases against juveniles in conflict with law as reported in states and union territories was 35,849. In India, providing requisite detention facilities, institutional care, training and rehabilitation poses a serious challenge. Juveniles in conflict with law need to be provided with care, protection, maintenance, education and training in order to ensure their rehabilitation in the society. The programmes carried out in juvenile institutions do not automatically result in rehabilitation of a juvenile “from the artificial and restricted environment of institutional custody, from doubts and difficulties, hesitations and handicaps to satisfactory citizenship, resettlement and to ultimate rehabilitations in the community.