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Indian Journal of Law and Human Behavior

Volume  5, Issue 2(Special Issue), May - August 2019, Pages 263-269
 

Original Article

Reformatory Theory a Bane

Atharv Arya

Student, B.A. L.L.B (Hons.), Institute of Law, Nirma University, Ahmedabad, Gujarat

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DOI: 10.21088/ijlhb.2454.7107.5219.25

Abstract

In the present scenario it is to be seen that the definition of child is very vital as it is this definition which states as to how to treat the offenders that are children. A child is treated as doli incapax that is having mens rea. The reason behind this word is that the child is not capable of understanding the result of the actions that he/she did. However, on the contrary it is to be seen that the way children are enhancing their power to understand and grasp the current issues is far unforeseeable. The involvement of the juveniles in heinous offences such as murder, kidnapping and theft shook the conscience of the public. After the Nirbhaya rape case many discussions that emerged out highlighted the lenient and softer approach of Juvenile Justice System to heinous offences. Through research and data collected it is found out that the youngsters can be as violent as the adults, it is this violence that has made people to ponder on this issue and to re-improve the definition and approach to juvenile delinquents in India. This paper will try to cover the vital aspects that are from the prism of the topics few of them are enlisted as follows- • Reason for Juvenile Crimes. • Constitutional Provision. • Evolution of Juvenile Justice Legislations. • International Aid in Bringing The Legislation in India. • Juvenile Delinquency in India- Current Trends. • NCRB DATA (Encapsulating the increase in crime rate). The afore mentioned topics will try to exhibit and show that how Reformative theory acts as a bane in the present scenario and how the juveniles are taking this leniency as a leverage for them committing crime. The research paper in the most lucid way will try to explain as to how the incorporation of the Juvenile Act came into existence and how this act is providing a platform for the Juveniles to commit crime.

Keywords: Juvenile Delinquency; Reformatory Theory.


Corresponding Author : Atharv Arya