Children are young person who holds rights as well as limitations. “Criminal justice system” seeks to punish the young at the same time it also seeks to protect, so there is conflict in juvenile justice system between protection and punishment.
Children are recognised as vulnerable due to they are not “fully developed”, they cannot “build their own thoughts”. So considering their vulnerability, they have certain limitations such as age cap in vote, marriage, schooling or minimum care.
“Children and young people are recognised as vulnerable because of their young age and incomplete development”, (Brown, 2015)
“they are unable to fully appreciate the nature and consequences of their actions, and are thus ‘largely unaccountable for their lives and actions’”, (Brown, 2015)
Considering the Article 10 of UNCRC, it becomes responsibility of states to set a “minimum age of criminal responsibility” and “provide minimum guarantees for the fairness and quick resolution of judicial or alternative proceedings”. This is to ensure transparency that how children can be made accountable for the actions which are not legal per the law.
Juvenile Justice Act (JJ Act), 2015, the most progressive act for children in India, which essentially deals with “Child in Need of Care” and “Child in conflict of the law”. The act defines “child as a person below age of 18”, but in an amendment in the Act, this made to 16 for “minimum age of criminal responsibility” while the definition of child remains same.
Though there are various perspective in relation to the children who break the law. One of the important perspective, that they break laws in influence or in the lack of understanding or right and wrong. Such as stealing fruit from someone garden, which they see such act as fun. In some cases it is also observed that, adult are falsely accusing children for their personal gain.
It is important to ensure socio-cultural setup taken carefully in the “Criminal Justice System”. it is also important to recognise, that what can impact “the life and liberty of the child”.
“A child or young person should not be deemed ‘invulnerable’ simply because of his or her inability to adequately perform vulnerability. Some children and young people may have, for example, become accustomed to fending for themselves, may be estranged from parents, or may simply not view themselves as vulnerable.” (Roxanna Dehaghani, 2017)
