GLOBAL COMPARITIVE: U.S AND U.K.
The system of U.K has always led to a favorable comparison due to the long drawn history between both the countries. The system of the U.S.A on the other hand is an extreme end to understand where the fine line stands between the rights of the child and the protection of society. This comparison is important to note the new differential provision brought about in the Bill by India to treat the age group of 16-18. The age of majority is an important point of discussion to the international conventions regulating the rights of the child as it is necessary for every nation that is a signatory to conform to its regulations.
The United Kingdom though a signatory to the same conventions as India also forms a differential …show more content…
They have signed the U.N. convention but have not ratified it hence they are not obligated to adhere to it. Under this system the law is formed differently for each state and the jurisdiction of the juvenile courts is waived without any due process when the juvenile is above a specified age and he/she commits a serious crime and transferred to an adult court. But this approach taken after the 1990s has had a negative impact on the children. Under such a system neither does the child gets protection which is generally accorded to adults nor is care taken of the child and hence lacks the balance which India is trying to …show more content…
But the implementation process is crucial to provide meaningful disposition to the law and must be continuously checked by the State and National Commissions. Hence the author prays that minimal flexibility is provided for in the matters of the Board through active involvement of NGO’s specializing in child welfare. As is stated in the beginning this law is an Adolescent law as is categorizes within itself an age group which is known for its criminal activity in recent times and if unchecked the duty of the legislature towards society would be unfulfilled. It must be known that this law also like an adolescent would only mature with certain amendments in its regard so as to accomplish all its aims with the capacity which only an adult can
The system of U.K has always led to a favorable comparison due to the long drawn history between both the countries. The system of the U.S.A on the other hand is an extreme end to understand where the fine line stands between the rights of the child and the protection of society. This comparison is important to note the new differential provision brought about in the Bill by India to treat the age group of 16-18. The age of majority is an important point of discussion to the international conventions regulating the rights of the child as it is necessary for every nation that is a signatory to conform to its regulations.
The United Kingdom though a signatory to the same conventions as India also forms a differential …show more content…
They have signed the U.N. convention but have not ratified it hence they are not obligated to adhere to it. Under this system the law is formed differently for each state and the jurisdiction of the juvenile courts is waived without any due process when the juvenile is above a specified age and he/she commits a serious crime and transferred to an adult court. But this approach taken after the 1990s has had a negative impact on the children. Under such a system neither does the child gets protection which is generally accorded to adults nor is care taken of the child and hence lacks the balance which India is trying to …show more content…
But the implementation process is crucial to provide meaningful disposition to the law and must be continuously checked by the State and National Commissions. Hence the author prays that minimal flexibility is provided for in the matters of the Board through active involvement of NGO’s specializing in child welfare. As is stated in the beginning this law is an Adolescent law as is categorizes within itself an age group which is known for its criminal activity in recent times and if unchecked the duty of the legislature towards society would be unfulfilled. It must be known that this law also like an adolescent would only mature with certain amendments in its regard so as to accomplish all its aims with the capacity which only an adult can