NCJ Number
68979
Journal
Social Defence Volume: 15 Issue: 58 Dated: (OCTOBER 1979) Pages: 44-53
Date Published
1979
Length
10 pages
Annotation
THE PHILOSOPHY BEHIND THE JUVENILE COURT IN CALCUTTA, WEST BENGAL, INDIA, AND THE WEST BENGAL CHILDREN ACT OF 1959 ARE DISCUSSED.
Abstract
THE JUVENILE COURT WAS ESTABLISHED FOR OFFENDERS WHO ARE 18 YEARS OLD AND YOUNGER IN ORDER TO SEPARATE THEM FROM ADULT OFFENDERS SO THAT THEY DO NOT HARDEN INTO FULL-FLEDGED CRIMINALS. SINCE JUVENILE OFFENDERS ARE PRODUCTS OF SOCIAL MALADJUSTMENT, SOCIETY IS PARTLY AT FAULT FOR THEIR BEHAVIOR PROBLEMS. THE COURT RECOGNIZES THAT CHILDREN WHO ARE NOT CARED FOR BY THEIR PARENTS OR GUARDIANS AND WHO ARE LEFT AT THE MERCY OF SOCIAL INFLUENCES CAN HARDLY BE EXPECTED TO REMAIN HONEST AND RESPECTABLE. THEREFORE IT IS INVOLVED IN THE SOCIAL, EDUCATIVE, AND THERAPEUTIC FUNCTIONS OF READAPTING YOUNG PEOPLE TO THE COMMUNITY. JUVENILE COURT MAGISTRATES FUNCTION WITHIN THE FRAMEWORK OF THE WEST BENGALCHILDREN ACT. THIS ACT PROVIDES THAT (1) ONLY JUVENILE COURTS MAY HANDLE CASES INVOLVING JUVENILES; (2) THE STATE CHILDREN'S BOARD IS RESPONSIBLE FOR THE ADMINISTRATION OF THE ACT AND THE MANAGEMENT OF SCHOOLS CERTIFIED UNDER THE ACT; (3) AFTER-CARE ORGANIZATIONS DEAL WITH THE WELFARE, TRAINING, AND SOCIAL AND ECONOMIC REHABILITATION OF CHILDREN RELEASED FROM SPECIAL SCHOOLS AND REFORMATORIES; (4) JUVENILE DELINQUENTS MAY NOT BE SENTENCED TO DEATH, OR IMPRISONED IN DEFAULT OF THE PAYMENT OF FINES OR SECURITIES; (5) SERIOUS OR DEPRAVED OFFENDERS MAY BE SENT TO ADULT CORRECTIONAL FACILITIES; AND (6) PARENTS OR GUARDIANS WHO ABUSE OR SEXUALLY EXPLOIT CHILDREN MAY BE REQUIRED TO ENTER A RECOGNIZANCE BOND TO EXERCISE DUE CARE AND SUPERVISION.