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Juvenile Justicwe Essay

4790 words - 20 pages

Social Transformation in India

INDEX

I.

Introduction, scope and methodology

2

II.

Review of literature

5

III.

Interpretation of Data

10

IV.

Analysis and Suggested Remedies

V.

Conclusion

VI.

Bibliography

VII.

ANNEXURE – Sample Questionnaire

2

Social Transformation in India

I.

Introduction, scope and methodology 1.1. Introduction

“There can be no keener revelation of a society’s soul than the way in which it treats its children.” - Nelson Mandela.

The twin concepts of "juvenile delinquency" and "juvenile justice" have gone through a constant process of evolution and refinement. Ever since the 1920s, when as a sequel to ...view middle of the document...

The qualitative research would be used to understand whether the child offenders find solace in the present system of India.

1.3.

Sources of data

1. Primary source - Published Documents (a) Articles (b) International Conventions (c) Central Legislative material (d) Official Statistical Reports
1

Henceforth referred as JJA

3

Social Transformation in India

(e) Relevant books 2. Secondary data - Questionnaire

1.4.

Methodology

We have adopted a sociological approach relating to juvenile justice system and various factors which contribute to the existence of such offenders and their future prospects. The consequences faced by juvenile offenders and rehabilitation measures provided by the authorities. We have analyzed the data collected from the responses in the questionnaire for the purpose of public opinion.

1.5.

Process of data collection, respondents and validation

The data for this study has been collected by adopting a combination of different methods both from primary and secondary sources. The review of literature is based on the published in by the Government of India, articles published in journals and magazines. The questionnaires were sent through e-mail to the prospective respondents of the same age group and similar socio-economical background. There were a total of 50 respondents.

4

Social Transformation in India

II.

Review of literature

2.1

The Emergence of India’s Juvenile Justice System It’s amazing to believe that in India, the child welfare movement began way earlier than most countries in the world by the definition of religion. Children’s behaviors, both criminal and non-criminal, were governed by Hindu and Muslim laws wherein families took primary responsibility of monitoring their children’s behaviors. Although these laws had no specific reference to juvenile delinquents, the Hindu law of Manusmriti has reference to certain offenses. For example, a child littering on a public street was not held liable for punishment but was required to clean it. Adults, on the other hand, had to pay a fine and clean the trash. Similar notes are found in the Code of Hammurabi in 1790 BC. Concerned for the plight of child offenders, the number of who had increased on the arrival of the East India Company, Lord Cornwallis, then governorgeneral of India, established a center for destitute children in Calcutta, a major trading city. As a result, the first orphanage, “Ragged School,” was established in 1843. The period between 1850 and 1919 was a time of special legislation for children and young people2. Both India and the United States were experiencing rapid social change due to increasing population and industrial developments. These changes brought about a new class of delinquent children needing formal intervention. Some of the most important laws passed between 1850 and 1919 were the Apprentice Act (1850), the Indian

2

Hartjen, 1995; Hartjen & Kethineni, 1996; Kumari, 2004;...

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