Child
Generally, a ‘child’ means a person who has not attained the age of 18 years and is not mature enough to understand the consequences of his act i.e. what is wrong or contrary to law. In modern era, the penal laws of most the countries across the world have adopted the principle of “doli incapax” which means unable to understand the nature and consequences of his act. However, the penal law of the country i.e. the Indian Penal Code, 1870 also states that only child between the ages of seven to twelve age can be convicted, provided that the act they have committed is a heinous crime and have attained sufficient knowledge to understand the consequences of their act.
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Child under Juvenile Justice (Care and Protection of Children) Act, 2015
These are the following children’s under the Juvenile Justice (Care and Protection of Children) Act, 2015:
i. Abandoned Child,
ii. Child,
iii. Surrendered Child
i. Abandoned Child
According to Section 2(1), “abandoned child” means a child deserted by his biological or adoptive parents or guardians, who has been declared as abandoned by the committee after due inquiry.
Child abandonment is the practice of relinquishing interests. Causes include various social and cultural factors as well as mental illness. However, poverty has been regarded as a root cause of child abandonment. For instance, people in cultures with poor social welfare measure systems who are not financially capable of taking care of a child are more likely to abandon them.
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Abandonment of a child is considered to be a serious crime. Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. While, on the other hand ‘Baby dumping’ refers to parents abandoning or discarding a child younger than 12 months in a public or private place with the intent of disposing of them.
ii. Child
According to Section 2(12), “child” means a person who has not completed eighteen years of age. In 1989, the United Nations Convention on the Rights of the Child resolved to recognize specific children’s rights worldwide. The Convention defines child as a human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier.
iii. Surrendered Child
According to Section 2(60), “surrendered child” means a child, who is relinquished by the parent or guardian to the Committee, on account of physical, emotional and social factors beyond their control and declared as such by the Committee.
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The Juvenile Justice (Care and Protection of Children) Act, 2015 classifies the term ‘child’ into the following categories:
• Child in conflict with law
• Child in need of care and protection
“Child in conflict with law” means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence.
While, “Child in need of care and protection” means a child-
i. who is found without any home or settled place of abode and without any ostensible means of subsistence; or
who is found working in contravention of labour laws for the time being in force or if found begging, or living on the street; or
iii. who resides with a person ( whether a guardian of the child or not) and such person-
a. has injured, exploited, abused or neglected the child or has violated any other law for the time being in force meant for the protection of child; or
b. has threatened to kill, injure, exploit or abuse the child and there is a reasonable likelihood of the threat being carried out; or
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c. has killed, abused, neglected or exploited some other child or children and there is a reasonable likelihood of the child in question being killed, abused, exploited or neglected by that person; or
iv. who is mentally ill or mentally or physically challenged or suffering from terminal or incurable disease, having no one to support or look after or having parents or Guardians unfit to take care, if found so by the Board or the Committee; or
v. who has a parent or guardian and such parent or guardian is found to be unfit or incapacitated, by the Committee or the Board, to care for and protect the safety and well being of the child; or
vi. who does not have parents and no one is willing to take care of, or whose parents have abandoned or surrendered him; or
vii. who is missing or run away child, or whose parents cannot be found after making reasonable inquiry in such manner as may be prescribed; or
viii. who has been or is being or is likely to be abused , tortured or exploited for the purpose of sexual abuse or illegal acts; or
who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or
x. who is being or is likely to be abused for unconscionable gains; or
xi. who is victim of or affected by any armed conflict, civil unrest or natural calamity; or
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xii. who is at imminent risk of marriage before attaining the age of marriage and whose parents, family members, guardian and any other persons are likely to be responsible for solemnization of such marriage.
• Children Act, 1960:- Section 2(e) of the Act states “child” means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years.
• United Nations Convention: – It defines “child” as a human being below the age of eighteen years unless the law declaration applicable to child, majority is attained earlier.
JUVENILE
The term ‘Juvenile’ can be defined as a person below the age of responsibility and above a certain minimum age, who is held to be punishable for breaking the law or designating young offenders against the law.
• The Madras Children Act, 1920 defines juvenile delinquents as a person under 14 years of age or upwards but under the age of 16 years, is called a “young person”.
• The Bengal Children Act, 1922 defines that any person under the age of 14 years is regarded as a “child”; any person of the age of 14 years or upwards but under the age of 16 years is called a “young person”.
Section 2(h) of the Juvenile Justice Act, 1986 defines juvenile as a boy who has not attained the age of 16 years or a girl who has not attained the age of eighteen years.
Section 2(k) of Juvenile Justice (Care and Protection of Children) Act, 2000 defines juvenile as a person who has not completed eighteen years of age. While, Section 2(35) of Juvenile Justice (Care and Protection of Children) Act, 2015 defines juvenile as a child below the age of eighteen years.
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JUVENILE DELINQUENCY
Juvenile Delinquency is the participation by a minor child, usually between the ages of 10 and 17, in illegal behavior or activities. Juvenile delinquency is also used to refer to children who exhibit a persistent behavior of mischievousness or disobedience, so as to be considered out of parental control, becoming subject to legal action by the court system. Juvenile delinquency is also known as “juvenile offending,” and each state has a separate legal system in place to deal with juveniles who break the law.
WHAT IS JUVENILE DELINQUENCY?
Juvenile delinquency occurs when a minor violates a criminal statute. When a juvenile commits a crime, the procedures that take place differ from those of an adult offender. In all states, juvenile court systems, and juvenile detention facilities, deal specifically with underage offenders. While it is common for state statutes to consider people under the age of 17 as minors, the justice system can charge minors even younger as adults, if the crime committed is very serious. Fredrick B. Sussman has given a summary list of acts or conditions included in delinquency definitions or descriptions tabulated in decreasing order of frequency and he indicates the item included in the laws of various states and territories, which are as follow:
Violates any law or ordinance,
Habitually truant,
(Knowingly) associates with thieves, vicious or immoral persons,
Incorrigible,
Beyond control of parent or guardian,
Growing up in idleness or crime,
So deports self as to injure or endanger self, others,
Absents self from home (without just cause and without consent),
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Immoral and indecent conduct,
(Habitually) uses vile, obscene or vulgar language (in public place),
(Knowingly) enters, visits house of ill repute,
Patronizes, visits policy shop or gaming place,
(Habitually) wanders about railroad yards and tracks,
Jumps train or enters car or engine without authority,
Patronizes saloon or dram house where intoxicating liquor is sold,
Wanders streets at night, not on lawful business,
Patronizes public poolroom or bucket shop,
Immoral conduct around school ( or in public place),
Engages in illegal occupation,
In occupation or situation dangerous or injurious to self or others,
Smokes cigarettes (or uses tobacco in any form),
Frequents place whose existence violates law,
Is found in place for permitting which adult may be punished,
Addicted to drugs,
Disorderly,
Begging,
Uses intoxicating liquor,
Makes indecent proposals,
Loiters, sleep in alleys, vagrant,
Runs away from state or charity institution,
Found on premises occupied or used for illegal purpose,
Operates motor vehicle dangerously while under the influence of liquor,
Attempts to marry without consent, in violation of law,
Given to sexual irregularities.
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End Notes
The Oxford English Dictionary, 2nd ed.vol VIII, at pg.332
The Juvenile Justice (Care and Protection of Children) Act, 2015 (Act No.2 of 2016), s.2(14)
The Children Act, 1960 ( Act 60 of 1960)
UN Convention on the Rights of Child, 1989, art. 1
The Juvenile Justice (Care and Protection of Children) Act, 2015 (Act No.2 of 2016), s.2(13)
The Indian Penal Code, 1860 ( Act 45 of 1860), s.317
Congressional Record- Volume 131, pp-6479
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