NATIONAL SEMINAR ON
RETHINKING OF JUVENILE JUSTICE SYSTEM IN INDIA: FROM WELFARE TO RIGHTS
FRIDAY, 14th OCTOBER 2016
“A child is a person who is going to carry on what you have started. He is going to sit where you are sitting, and when you are gone, attend to those things you think are important. You may adopt all the policies you please, but how they are carried out depends on him. He is going to move in and take over your churches, schools, universities and corporations. The fate of humanity is in his hands”
Children having been recognized supremely assets of the Nation. The Government of India through its National Policy for Children acknowledged that their nurture and solicitude are our responsibility. Equal opportunities for development to all children during the period of growth should be our endeavor, for this would serve our larger purpose of reducing inequality and ensuring social justice. Children ought to have been the subject of prime focus of development planning, research, and welfare in India but unfortunately, it has not been so. Despite the Constitutional vision of a healthy and happy child protected against abuse and exploitation, and a National Policy for Children, the majority of children in India continue to live without a cared, protected and meaningful childhood.
The Criminal Justice System consists of the legal provisions defining offences, providing punishment for those offences, procedures for investigation of those offences, prosecution and trial leading to conviction or acquittal of accused persons. Initially, Criminal Justice System dealt with all persons committing offences.
The Government of India has accede on the 11th December, 1992 to the “Convention on the Rights of the Child”, adopted by the General Assembly of United Nations, which has prescribed a set of standards to be adhered to by all State parties in securing the best interest of the child. The Juvenile Justice (Care and Protection of Children) Act, 2000 has made comprehensive provisions for children alleged and found to be in conflict with law and children in need of care and protection. The Juvenile Justice (Care and Protection of Children) Bill, 2015 has been passed by Indian Parliament.
However, since 1920, special laws have been made for children committing offences and presently it is the Juvenile Justice (Care and Protection) Act, 2000 that prescribes different procedures for investigation and trial of cases where children are alleged to have committed an offence. The juvenile justice system as conceived by legislation aims at providing care, protection, treatment, development, and rehabilitation of delinquent and neglected juvenile.
The current debate over the Juvenile Justice Act started after the incidence of the Delhi gang rape case. This case is being used as a landmark to support the demand for lowering the age of definition of juvenile. The ramification of this demand needs to be urgently debated in order to bring a balance between protecting rights of the child and punishing the guilty.
An expert committee has been appointed by the Law Commission of India to examine the issue. The proposal however, has always been contested by the premier child rights body NCPCR, which has emphasized that there cannot be any “compromise” on the age of a child as defined by the UN and in other International Conventions.
It has been rightly pointed out that the problem is the implementation of the Juvenile Justice Act is always concentrated on one part of the law that addresses only “children in conflict with the law” and ignores other category of “children in need of care and protection”. The existing law gives equal importance to both the categories but our system is always preoccupied with the first category. Under the Indian Constitution, the Government is mandated to protect the right of child and provide care and protection to them. It is important to underline that neglecting children in need of care and protection leads children to “children in conflict with law”.
India is a young nation, with about 40% or more of its 1 billion people being children. Way back in 1974, the National Policy for Children declared that the nation’s children were its most important asset. We need to lobby for the allocation of necessary resources to develop this national asset to its full potential. However our system failed to provide care and protection to him and now when such crimes are happening, certain groups have started questioning the adequacy of the law.
Understanding Trauma: Transformed Lives of Juvenile Offenders and their Families.
Effective Juvenile Interventions: Courts, Community Partnerships, and Therapeutic Responses.
Juvenile Delinquency and application of Trail Competency with regard to Juvenile Justice (Care & Protection) Act, 2 0 0 0
Contemporary development in Juvenile Criminal Justice System in the world.
The abstract must not exceed 300 words and should be accompanied by a cover page stating the following:
Title of the Paper
Name of the Author(s)
Co-authorship is permitted to a maximum of two co-authors.
Both authors need to register separately.
In case of co-authorship, at least one author must attend the conference to present the paper.
The paper must be accompanied with the following details
A Cover Letter – Mentioning Name of the Author(s), Course, Year of Study (if applicable), Name of College/ University (if applicable), Professional Position (if applicable) with Postal Address, Email Address and Contact Number.
Registration Form – Duly filled
Copy of the scanned Demand Draft (Registration fees)
The main text should be in Times New Roman with font size 12 and line spacing of 1.5.
The footnotes should be in Times New Roman, font size 10 with spacing of 1.0. One Inch margins should be maintained on all four sides.
Citation Style: Bluebook, 19th Edition.
The maximum length of the paper shall not exceed 3500 words. (Including footnotes/endnotes/annexure/reports etc.).
All submissions are to be made in Microsoft Word 2007/2010 (.doc) format only.
Method of Submission
All submissions for the conference have to be e-mailed to: firstname.lastname@example.org
Last date of abstract submission: 15th September 2016
Date of Intimation of accepted abstracts: 18th September 2016
Last date of submission of scanned copy of DD along with the registration form: 20th September 2016
Last date of receipt of DD and Registration Form: 22nd September 2016
Last date of paper submission: 25th September 2016
Date of Seminar: 14th October 2016
Selected papers shall be published in book containing ISBN Number.