ABSTRACT
The legislative perspective in the context of the juvenile justice system focuses on creating a balanced framework that ensures both rehabilitation and accountability for young offenders. Lawmakers continuously refine policies to align with evolving societal values, scientific insights on adolescent development, and international human rights standards. Legislative reforms often aim to promote diversion programs, restorative justice practices, and age-appropriate sentencing while addressing concerns about recidivism and public safety. Additionally, emerging challenges such as cyber offenses and mental health considerations require legal adaptations to cater to the unique needs of juvenile offenders. By emphasizing rehabilitation over punitive measures, legislative developments seek to foster reintegration into society, prevent reoffending, and uphold the principles of justice and fairness within the juvenile legal framework.
- Concept of Juvenile Delinquency
The term ‘juvenile delinquency’ has been differently interpreted but, generally speaking, it refers to a large variety of behavior of children and adolescents which the society does not approve and for which some kind of admonishment, punishment or preventive and corrective measures are justified in public interest. Use of the word juvenile should be clearly understood to refer to a legal classification that is established within the parameters of culture and social custom[1]. The word ‘juvenile’ has been derived from Latin term ‘Javeniles’ meaning thereby young. The term delinquency has also been derived from the terms do (away from) and liquor (to leave). The Latin imitative ’delinquents’’ translated as to emitinist original, earliest sense. It was apparently used time to refer to the failure of and individual to perform a task or duty. Cohen observed that the only possible definition of delinquency is one that relates to the behavior in question to some set rules and observes that all children without exception must in the course of development have recourse to violent conduct. Most children adopt themselves with varying degrees of difficulty to the rules observed by their elders. The child grows up with distorted notion of what is right and wrong[2].
The term ‘delinquent’ describes a person guilty of an offence against the customs. The concept of delinquency has been viewed differently by various authors. According to Tappan, there are two kinds of delinquency: (a) the adjudicated delinquents, who have been processed through the courts and (b) ‘in official delinquents’ who are handled officially by the police, court and other agencies. Delinquency and crime are inter related to each other and could not be comprehended without understanding of other[3].
Ruth Cavan describes the delinquency as “A delinquent child is one who, by habitually refusing to obey the reasonable and lawful authority, is deemed to be habitually uncontrolled, habitually disobedient or habitually is a truant from home or school, or who habitually so deports himself as to injure or endanger the moral, health or welfare of himself or others[4].
[1]Gus Martin, Juvenile Justice Process and System, (Sage Publications, New Delhi, London, 2005, p.6)
[2] AlbertK.Kohen,DelinquentBoys,TheCultureofGangs, (TheFreePress,1955,p.3)
[3] J.P.S.Sirohi,Criminology&Penology, (PublishedbyAllahabadLawAgency,2008,pp.347-348)
[4] R.S.Cavan,DelinquencyandCrimeCross-CulturalPerspective, (J.B.LippincottCo.Philadelphia,1968)