Topic – Are juvenile offenders

Independent criminals?

The project is a part of Continuous Evaluation- II

Criminal law II (2BL416)

Submitted by – Manav Patel (17bal028)

Gourav Asati (17Bal023)
 Introduction

Abstract
The criminal Justices system which we have keeps on changing as per the need of
the society. But there is one group of law which always been in debate the juvenile
Justices act.So in this paper we have introduced how juvenile Justice system became
a part of criminal Justices system.Then we will talk about some land mark changes
in the field. Then in the paper we have talked about the very famous case Cyntoia
brown who is recently given bail she was charged under juvenile act in US. Then we
have discussed in detailed about the juvenile offenders and will see in detailed about
there life and many other things which made then do such thing. Then we will
discuss and compare the Delhi rape case and Cyntoia case. Then we have talked
about the present Juvenile Justice act and how it's impacting in India. Then we have
also tried to do date analysis of Juvenile offenders. So this research article is about
the darker side of the Juvenile offenders which most of the people don’t know about.
The article in the end try to prove that juvenile are not independent criminals. And
we have at the end asked the question to world that are what we doing to juvenile
are fair and do we treat then properly. So as a whole this article have tried to showed
the whole picture or both side of the coins of Juvenile Justice system.

Chaptalization
1. Introduction of Juvenile Justice system
2. Land mark cases
3. Cases and there child philosophy
4. Are juvenile offenders independent criminals.
5. Conclusion
 Are juvenile offenders independent criminals?

The juvenile justices system is was introduced for many different reasons not just in
our country but worldwide also. The juvenile justices system have always been in
debate. There many reasons for it. But before lets use see the history of juvenile
justice system. First ever it was introduce in England by different act. The
Reformatory Schools Act, 1897 which was introduced, the main purpose was to
make law for Reformatory Schools and to make further provisions for dealing with
youthful offenders.1 The law were also made for children who might turn into
delinquents for that an act was enacted which was called The Industrial School Act
of 18572. The first Juvenile Court was est. in US. This court was first of its own kind
it was established by Cook County, Illinois3. In year 1909 the first case was entered
by Judge Julian Mack. The early Juvenile courts were made with a reform schools
and shared the same desire to rehabilitees rather than punishing the young offenders.
The courts followed a legal doctrine of parens patriae (a Latin term that means
“parent of country”)4. So this term gives state the power to serve as the guardian of
those with legal disabilities, including Juvenile. In year 1984 the first nucleus for
Juvenile reformatories was established in India. It was with the help of Dr. buist who
have also helped in establishing ragged school at Sewari to serve as an asylum for
the orphans and the vagrant. The Juvenile system in India was quite a different in
early times. I was not governed by any common law but there were 2 different kind
of law governing one was Hindu law and the second was Muslim law.5 Then the act
Apprentice Act,1850 was introduce, it was brought for better enabling children and
especially orphan and poor children brought up for better enabling children and
especially orphan and poor children brought up by public charity, to learn trade, craft
and employments, by which they come to full age, they may gain a livelihood.6 Then
gradually many ac were introduced for juvenile like the Madras Children Act, (1920)
and many such but in year 1923 the criminal procedure Code was amended so that
there can be special procedure be made for offenders who are young. There were
many things to be kept in mind while making the procedure because of the child.
Then finally the Juvenile Justices Act,1986 was introduced and its preamble stated
1
Reformatory Schools Act, 1897,no 8 of 1897 Acts of parliament, 1897 (India).
2
Industrial schools Act, 1857 (England).
3
American Bar Association, The History of JUVENILE JUSTICE (part 1)page 5.
4
Id
5
08 chapter 3
6
The Apprentice act, 1850, no 52 of 1961 Acts of Parliament, 1961 (India).
“An Act to provide for the care, protection, treatment, development and
rehabilitation of neglected or delinquent juveniles and for the adjudication of certain
matters relating to and disposition of, delinquent juveniles.”7 And then many new
act came with some amendment. In the latest amendment of the act THE JUVENILE
JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 there have
been an amendment brought which seems to be very ambiguous. The section 15 read
with section 19 of the act states that if the juvenile had committed an heinous offence
and is above the age of 16 years and below the age of 18 years then an per the act
the board shall conduct a preliminary assessment with regard to his mental and
physical capacity to commit such offence, ability to understand the consequences of
the offence and the circumstances in which he allegedly committed the offence, and
may pass an order in accordance with that.8
Now let’s talk about the Juvenile Justice system in India.
The Juvenile justice (care and protection) Act 2015 was brought up with one chance
that was that the juveniles who commit a heinous crime and is age from 16-18 and
after the assessment if he child is found capable of being adult then the child will
tried as an adult in the court. So firstly the government have said that according to
reports there have been too much increase in the rate of crime by then juvenile. The
statics which were shown were as follow:
2002-2012 there have been 143% increase in number of rapes by juvenile. There
have been 87 % increment in committing whopping and 500% in kidnapping9. Well
this data show are not of the conviction but this data which is presented is from he
FIR filled. Here is 500% increasing in Kidnapping in this cases boys who ran with
there girl to marry were also registered by parents as kidnapping the government.
The actually data showed that there is only 8% in crime committed by juvenile.
Which proves that there is no actually need for increase in crime committed by the
juvenile. Just because of one case and too much pressure of the opposition he
government have created this bracket. Moreover keep the age of 16. There is no
logical reason for that nor any reason nor any date which shows the reason why it’s
kept 16. Moreover just because of one case was there a need of changing the whole
system. The next issue with the act is the assessment process. The assessment
process is not properly laid down. There have been many cases that the assessment
process is going on and the child become 18 years of the age. The law have load
down a process in which there is know one who knows the child due to which it's
7
Juvenile justice act, 1986, no 53 of 1986 Acts of Parliament, 1986 (India).
8
Section 15 of Juvenile justices act, 2015 (India).
9
National crime beaure report, 2016 (India).
becomes very difficult to understand the child understand. Moreover if the
assessment process goes wrong then the life of the juvenile will be distorted.
Moreover for assessment of the child mental capacity we need a specialist which is
not possible in every district and then if it's not done by any specialist then it's would
be a justice to the juvenile.

So this was all about the Juvenile Justices system. Now we will discussed 2 main
landmark judgments in this field. And will see the condition of the offenders and
will try to study there life. So the first case will is of Cyntoia Brown and Mohammad
Afroz (accused of Nirbhaya case).
Cyntoia Brown and her case. She was a juvenile and she was charged for murder.
She was recently set free from jail. The facts of the case are as follow, at around 11
p.m. on the day of 5TH August ’04 Cyntoia brown was some help to reach East
Nashville (this is a place where girls usually go and prostitute ). She didn’t had a
ride and in mean time she saw a Ford truck coming. So in this truck there was Allen,
Johnny Allen was a real estate employee and use to work for crye-Leike Real estate
Service. Allen then approached Cyntoia and if she was ready for some sexual favors.
Then they both negotiated the price and decided on $150. Cyntoia told Allen to go
in the nearby hotel but Allen said no and old hat there was no one at my house so
they went to Allen house.
After they reached home Allen talked about himself. He showed Cyntoia some guns
and also said that he was trained under army. He showed a pistol and a 22-caliber
rifle. Allen also told that how women wants to marry him because of his money but
he said that I wanted someone who give love with desire. And a night something
happened and due to fear Cyntoia shoot Allen. Cyntoia himself called the police but
on the next day and after investigation she was caught. Then Cyntoia was presented
in the Juvenile court and she was later convicted for the murder.
Well about the Delhi rape case. A girl named Nirbhaya was raped by 4 people and
one of them was juvenile from them named Mohammad Afroz well its not pretty
conformed that its true name because after the case for the person safety the name
was not disclosed but according to some reposts it’s this. So we are pretty aware of
the facts of both the cases but his only the one side of the coin which everyone see
and say that this juvenile shall be hanged. Now lets study the life of both the accused
before they committed the crime. Will try and get a dipper look of how the lived
here life and what they did for living. Dr. William Bernet who is a Juvenile Forensic
Psychiatrist to assist the mental capacity of Cyntoia and then the dark side was
revealed. Firstly let’s talk about Cynthia’s Biological mother Georgina Mitchell. She
had and unwanted pregnancy. She was 16 when she became pregnant. Moreover she
had been having alcohol till 8th month of her pregnancy and in the last month she
was consuming drugs. Moreover will talking about her family back ground she says
that she herself had a very terrible childhood. She saw her father shooting himself
on face. Her aunt killing her help. There have been many people who have raped her
and have taken sexual advantage of her. Moreover she also had suicide thoughts and
she also had a tattoo on her arm stating suicide. While investigating she said that she
also had many instinct where she felt like killing all those who took advantage of
her. So this shows that her month have been in very critical condition through her
life. Now let’s check Cyntoia’s background. So when she was adopted
Ellenette Brown she was of 2 years. Moreover before the day of murder she was
living with Kutthroat in different hotel. So now she was sexually abused at a very
early age and she was forced to do all this things. Moreover she said that Kutthroat
use to force her to do sex with different man for money and she was forced to this
all things because she had a gun on her head. Kutthroat took too much advantage.
So this was the point before the crime so just imagine the amount of stress and other
problems which she would be having. She would have been filled with fear of guns
and other things. Moreover the early sexual harassment which she have faced would
have brought a very bad impact on her understanding and other things. About and
Mohammad Afroz (accused of Nirbhaya case) well as e know that after he judgment
the juvenile was try and kept away from the spot light but there are some reports.
The reports says this things. That we ran away from his own hme when he was of 6
year old. And after that he came to Delhi and suffered a lot. After that he started to
stay with Ram singh whos was also a accused in the case. Moreover they didn’t
belong to any good background. They was regular drinkers. They didn’t had money
so they use to drink low quality which had affect there thinking. Even on the day
they committed the crime before they did the crime they did a robber from 2 places.
So this were the condition which both the accused have gone throw.
According many research done it’s was found that at the age of 18 a boy almost start
to think independently. But did you see in both the case there were some incident
which slowly and indirectly affected the offenders. In the case of Cyntoia the doctor
said that the circumstances which she had in her life made her do this crime. So when
we see the child mind the child mind tries to do everything which they see. So if we
see then actually he juvenile offenders didn’t had independent thinking of
committing crime instead it was the environment around which made them do the
crime or the circumstance which made them do the crime. So the juvenile Justice
system in our country is in too much influence of politics due to which no one is able
to take the complete picture of the child. As we saw in Cyntoia story that she did a
crime and it's was out of her living and even in the other case the accused didn’t had
a good background. The amount of stress the child have gone have resulted in that
action. And the assessment test which the government talk would bring results which
can be different from all the angle. It may vary if someone else assess. So according
to me the bracket of 16-18 shall be removed. And if the government wants to
continue this system then there shall be proper assessment process which shall
delivery the Justice. For proper assessment process the government can keep various
ways. A metal test or some other different type of test but not just the assessment of
the juvenile the life and the living style which the juvenile is going thought shall also
be seen and I think in case of juvenile before punishing them the complete picture
shall be seen because there are many factors which affect the juvenile offenders then
the normal offenders.Because we saw in the Cyntoia case where she was living a life
which would automatically force her to commit crime and in the case of 2 nd case the
company in which he was living which made him do the crime. Moreover if the
government wants to continue this system then first they shall give the reason for
why the lower limit of age is 16 years. So I believe that the system need a chance
which can be provide equal justice to the child and not get influence by the political
because one bad decision and the country will lose one youth and that youth will
affect others.