JJ act and exception for children

19 November 2021 08:35

Important Points:
Last 15 mins not there due to net issues

Lecture Topic:
During the lecture, take notes here. Insert a sub-page for each lecture topic.
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In 1920- Jain committee report it was suggested that children should not be kept
in prisons from a reformative perspective. Diff states have diff children laws.
Children should be kept in observatory homes. Children who are undergoing this
type of proceeding, if it is found that the child requires some care then they can
be kept in special homes meant for the children.
No uniform law in the 1990s. Some say that there is no possibility of reformation
but some say that it is not well implemented. When we talk about JJ act, we see
how a separate JJ system has come into existence for distinguishing between adult
and child. The attitude is not that of vengeance but of correction, like a parent.
Which is why it is the paternalistic outlook. The very purpose is to have a more
protective attitude towards children.
The JJ system came into existence with this bg. Right from its inception, we see
delinquent homes formed as a part of the JJ Act as the children were mistreated in
the homes - there were atrocities committed in such homes in the US as well- it is
a harsh system which is punitive in nature and this is why it didn't aid in
reformation.
In the initial phase the children did not have many rights compared to adults,
particularly in the US, due to a paternalistic outlook. Denial of due process to

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particularly in the US, due to a paternalistic outlook. Denial of due process to
children. Throughout the US if a child is indulging in certain kinds of offences they
may be tried by an adult court-- due to transfer policy.
This policy where children were tried as adults was found to have no benefits in
terms of reduction of crime. The remisiveness rate(or reoffending rate) was found
to be higher when they were tried as adults. Death penalty wasn't given to them.
No minor could be subjected to death penalty, even under the JJ Act 2015.
The distinction between the adult and the child- the psychosocial abilities of a
child and an adult's are diff. It is often found that children perform crimes in
groups as they are more influenced.
As a teen, the cognitive capacity will be more as compared to a child-- the
psychosocial abiliity of such children however will be very diff from that of adults.
More influenced by groups and more impulsive and susceptible and short sighted.
Age crime curve- at the adolescence stage, chances of committing crimes are high
but it decreases as one grows older so processing this properly can help someone
from dev criminal tendencies.
Tough of crime approach was later removed, children in conflict with law will be
looked at-

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Heinous offences - for which imprisonment is for 7 yrs-- as the min punishment
ordinarily upto death penalty. A child in conflict with law from the age group of
16-18 may be treated as an adult. Will still be tried in children's court but as an
adult. Till 2015, every child under the age of 18 was dealt with equally.

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