( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

Impact Factor* - 6.2311


**Need Help in Content editing, Data Analysis.

Research Gateway

Adv For Editing Content

   No of Download : 55    Submit Your Rating     Cite This   Download        Certificate

SATISFACTION LEVEL OF CHILDREN HOME IN INDIA: WITH SPECIAL REFERENCE TO MANDLA DISTRICT

    3 Author(s):  DR ASHISH SHARMA, AISHWARYA SHARMA, SHIVANGI CHAUHAN

Vol -  11, Issue- 2 ,         Page(s) : 181 - 185  (2020 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

As per the census of 2011, in India 427 million children are under the age of 18 years which constitutes around 39% of India’s total population, placing a colossal responsibility on the parents and the state to groom them as responsible and law-abiding citizen. The primary responsibility for nurturing the child is upon the parents and thus parenting plays a key role in the overall development of the Child. But when we speak about children who are in conflict with law or the children who are in need of care and protection(the categorization is made by Juvenile Justice (Care and protection of children Act) 2015 the primary duty is shifted from parents to the state. As the children who are in conflict with law or children who need care and protection are kept in the observatory or children's homes which are mostly regulated by the state. The Indian criminal justice system recognizes the need for care and protection of a child who is in conflict with Law and thus as per section 82 of Indian penal code blanket immunity is provided to the child below the age of 7 years from any criminal prosecution, whereas section 83 provides partial immunity to child who is above 7 years and below 12 years of age. This partial immunity is based upon the maturity and understanding of the child. Recently Indian parliament passed Juvenile Justice (Care and protection of children Act) 2015 (hereinafter referred as JJ Act) which provides a comprehensive framework for the children who are in conflict with the law and who are in need of care and protection. It is often said India is over legislated and under implemented country. The researcher in the current study starts with this hypothesis that the JJ Act 2015 is an example of over legislation and under implementation.

1. K D Gaur, Text Book on the Indian Penal Code, Universal Law Publishing, 2016
2. Ved kumari, The Juvenile Justice (Care and Protection of Children) Act 2015- Critical Analysis, Universal Law Publishing, 2017
3. M P Jain, Indian Constitutional Law, Lexis Nexis, New Delhi, 2018
4. G.S Bajpai, Juvenile Justice: Impact and Implementation in India, Bloomsbury Publications, 2019
   Research papers referred 
1. Tammy Thurman, Parental Responsibility Laws/Are They the Answer to Juvenile
Deliquency, 5 J.L. & Fam. Stud. 99 (2003).
2. Erika Rickard, Paying Lip Service to the Silenced Juvenile Justice in India, 21 Harv. Hum. Rts. J. 155 (2008).
3. Ved Kumari, ‘Quagmire of age issues under the Juvenile Justice Act: From inclusion to exclusion.’, Journal of the Indian Law Institute, 2009
4. Erika Rickard & Jason M. Szanyi, Bringing Justice to India's Children: Three Reforms to Bridge Practices with Promises in India's Juvenile Justice System, 14 U.C. Davis
J. Juv. L. & Pol'y 107 (2010).
5. B.B. Pandey ,Child Right Law, Annual Survey of India, 2013
Statutes referred
1. Juvenile Justice (Care And Protection Of Children) Act, 2000
2. Juvenile Justice (Care And Protection Of Children) Act, 2015
3. Indian Penal Code
4. Criminal Procedure  Code 

*Contents are provided by Authors of articles. Please contact us if you having any query.






Bank Details