Juvenile Justice System in India

A Critical Study on Juvenile Justice System - Its Trends and

Amendments in India

I. Introduction-

'Children are like buds during a garden and may be carefully and lovingly nurtured, as
they're the end of the day of the state and thus the citizens of tomorrow,' said India's first
prime minister’.

Children’s are documented as superlatively assets of state. The future of state lies within
hands of children’s, not only the state but whole nation. Although children’s also have their
own rights in the society. Basically, minors are not granted the rights of adults until they
reach the age of 18, because children are developing in this phase physically also as well as
mentally also and they can’t handle the same rights as for adults. For example, children don't
have the right to vote, own property, or enter into certain types of contracts. Children need to
be the prime focus of the country but sadly it’s not been therefore. Despite the Legitimate
vision of a healthy and happy kid protected against abuse and exploitation, and Policies for
youngsters, the bulk of kids in country still live while not cared, protected and substantive
childhood. Also, the Government has adopted National Policy for Children, which says that
every person below the age of eighteen years as a child and covers all children within the
territory and jurisdiction of the country. The Policy has identified four key priority areas:
survival, health and nutrition; education and development; protection and participation, for
focused attention. As children’s needs are multi-sectoral, interconnected and wish collective
action, the Policy involves purposeful convergence and coordination across different sectors
and levels of governance. Be primary central legislation on Juvenile Justice was passed in
1986, by the Union Parliament, thereby providing a good law on juvenile justice for the entire
country. Before these laws there were many other laws regarding the same matter were in
existence in every country all over the world. But those were not same or uniform. So, the
primary uniform law on juvenile justice but didn't cause any dramatic improvement within
the treatment of juveniles.
Juvenile Justice System in India

II. Meaning of Juvenile

In law a juvenile is that the one that isn't sufficiently old to held responsible for criminal
activities. The age criteria for being a juvenile is different in all countries and different states.

III. Why do Minor Commit crime?

Turning out or to become a criminal in minor’s life is often result to other issues which
they face or from which they are suffering.

Some of the most common reasons to turn to juvenile delinquency are –

1. School problems- School problems are one of the causes of minor turning into
juvenile delinquency. In India many children don’t attend schools regularly while in
some place’s children are not allowed to go to schools. Schools are very essential part of
children’s life. From schools they learn about the disciplines and mannerisms. When a
minor struggle to study or has parents, who are not interested in making sure that the
child attends school regularly, that child can ultimately end up his life in to criminal
activity.

2. Economic Problems – See minors are very much innocent they can easily be attracted
to a thing. Like that only when they like something like food, new clothes, and they
didn’t get their basic needs, so there are chances of being criminal activity to take place.

3. Physical Abuse at Home -When a child or teen is being physically abused at home it is
not unusual for them to act out when away from home. This is generally  within the sort
of more violent crimes against people or property. Assaults of all types of vandalism are
often associated with physical abuse at home.[1]

4. Peer Pressure – Neighborhood Influence -The people say that the minor associates can
have a dramatic effect on what choices they make when they are away from home. Peer
pressure may be a very real McCoy , and minors will often act call at front of their
“friends” in order that they feel accepted and are a neighborhood of a group and ids
reasons for juvenile delinquency.[2]
Juvenile Justice System in India

In more dangerous neighborhoods you'll also see children acting call at fear of gang

activity. Minors make choices to guard themselves or to impress gang members to
guard their own safety. Peer influence and private safety can cause a lifetime of crime
for any minor. Of course, there could also be many other factors which will contribute to
a minor violating the law. Because these circumstances are often the deciding think
about breaking the law or not, the court system looks very carefully at the
whole situation when reviewing a case involving a minor.

5. Lack on Adult Interaction- Children’s are influenced by those who are around them.
That is the natural order of things. Children who don't have an adult influence in their
life to show them right from wrong, encourage them to remain within the law, or
simply be a presence in their lives are more susceptible to criminal activity. An adult
influence helps children make the right decision in all situations.[3]

6. Family Problems – There are some minors who always face family problems, like
there are domestic violence in some homes, discrimination with the gender. Sometimes
these small things also affect the mind of juveniles, which turn them to be in criminal
activities .

IV. What is Juvenile System?

The terrible incident of “Nirbhaya Gang Rape Case” which took place in Delhi, on
December 16, 2012 shocked the whole nation and it started a revolution in legal society
and socialists. The main reason and issue of the talk was the involvement of accused,
who was just six months short to achieve the age of 18 years. The involvement of the
accused in such a heinous crime of rape forced the Indian Legislation to introduce a
replacement law and thus, Indian Parliament came up with a new law which is
understood as “Juvenile Justice (Care and Protection), 2015.[4]
The Juvenile justice act protect the young offenders to not to tried in courts, rather they
are corrected in all the possible ways and under the law.
They should not be punished and get a chance to be reformed.
The trial for child in conflict with law [5] should be based on non-penal treatment
through the communities based upon the social control agencies for e.g. Observation
Homes [6] and Special Homes.
Juvenile Justice System in India

V. History of Juvenile Justice Act in India-

The first rule of law on juvenile justice came in 1850, which required that children
between the ages of 10-18 which are convicted in courts to be provided with the
education as a part of their rehabilitation process. This act was transplanted by the
Reformatory Schools Act, 1897 subsequently as long as children up to age of 15 could
also be sent to reformatory cell, and later the Juvenile Justice Act 1986 provided a
consistent mechanism of Juvenile Justice. This act was replaced by Juvenile Justice
(Care and Protection) Act, 2000. [7].
The Juvenile Justice, 1986 which canceled the earlier Children Act, that was in 1960,
intended at giving effect to guidelines within the quality Rules of the Administration of
Juvenile Justice adopted by the U.N. countries in November 1985.[8] The above
mentioned Act consisted of 63 Sections, 7 Chapters and is extended to whole India
expect to the State of Jammu and Kashmir. The primary purpose of the Act was to
supply care and protection, treatment, development and rehabilitation of the neglected
delinquent. The main objectives of the Act were: -
1. The act basically laid down uniform framework for the juvenile justice in country in
such a way that it protects the right and interest of juvenile.[9]
2. It talks about the equipment and infra – structure for the care, protection treatment,
development and rehabilitation of the juvenile offenders.
3. It began the essential provisions for the right and fair administration of criminal
justice just in case of heinous crime done by juvenile offenders .

Juvenile Justice Act, 2000 - The Act was enacted in year 2000 with aim and intent to supply
protection for youngsters. The mentioned was amended twice – first within the year of 2006
and later in year of 2011. The amendment was made to deal with the gap and loopholes
within the implementation. Moving on, the increasing number of cases of juvenile crimes
within the last recent years and frightful incident of “Delhi Gang Rape Case” has forced the
law makers to return up with the law. The major drawback of the Act was that it contains ill
equipped legal provisions and malfunctioning juvenile system was also the main reason in
preventing the juvenile crimes in India. The act was replaced soon by The Juvenile Justice
(Care and Protection) Act, 2015.[10]
Juvenile Justice System in India

The Juvenile Justice (Care and Protection) Act, 2015-

Juvenile Justice (Care and Protection of Children) Act, 2015 was granted by the
Parliament of India in between many controversies, debates and different protest that are
going at time in our country although , on many of its provisions by Child Rights
Commission [11] it's replaced by the Indian delinquency law, Juvenile Justice (Care and
Protection of Children) Act, 2000, and allows for juveniles in conflict with Law within
the age group of 16–18, involved in Heinous Offences, to be tried as adults.[12] The Act
also sought to form a universally accessible adoption law for India, overtaking the Hindu
Adoptions and Maintenance Act (1956) (applicable to Hindus, Buddhists, Jains, and
Sikhs) and thus the Guardians and Wards Act (1890) (applicable to Muslims), though not
replacing them. The Act came into the power from 15 January 2016.[13]

VI. Juvenile justice System in other country-

FRANCE

In France, the infant, who doesn’t have his own perception of his acts yet, doesn’t commit
any offence and consequently, can’t be convicted. Minor between 7/8 and 13 years old, has
its own judgement. No criminal punishment, but educative measure is usually pronounced
against him, since a 2002 law. Minor between 13 and 18, commit an offence, and punishment
are often educational and criminal in special cases.[14]

CANADA

The YCJA (Youth Criminal Justice Act) governs the appliance of criminal and correctional
law to those 12 years old or older, but younger than 18 at the time of committing the offence.
Youth aged 14 to 17 could even be tried and/or sentenced as adults under certain conditions,
as described afterward within the act. Though all trials will happen during a youth court
under the Youth Criminal Justice Act, surely offences and in certain circumstances a youth
may receive an adult sentence.

ITALY

Article 98 sub section1 of Italian code states that successively a personal who has reached the
age of 14 but not 18 at the time of committing a criminal offense and who is” capable of
Juvenile Justice System in India

understanding and willing” must be punished but the punishment could even be reduced.
Between the ages of 14,18 the power to know and to make mental intent must be clearly
ascertained in each case by the presiding judge. Concerning the alternatives that the court can
impose, the code states that the orders and sentences applicable to adults also can be applied
to minors with considerable latitude and reductions. If the youth is deemed likely to re-
offend, he/she are often confined to a judicial reformatory.

UNITED KINGDOM

Youth Justice system in England considers that the children are offenders under the age of 18,
or in some cases aged 18 but remaining within the under 18 estate, and it should then may be
held either a Secure Children’s Home (SCH), or a Secure Training Centre (STC) or a Young
Offender Institution (YOI). The Youth Justice Board is liable for placing children in custody
and typically those aged under 15 are going to be held in an SCH and people over 15 are
going to be held in either a YOI or STC. Only 17-year-old female children are normally
placed during a YOI.

UNITED STATES

It is important to recollect that US has a minimum of 51 different juvenile justice systems.

Each state has its own law that govern the juvenile justice system. Although how this
technique operates vary from state to states. Also, a separate juvenile justice system as
established within the us about 100 years ago with the intention to divert the youth from
offences to reform them.[15]

VII. Claim of Juvenility-

The very first question that come to our mind when we hear juvenile justice is how do we or
someone will claim juvenility and how it works. One should be claiming juvenility by the
Juvenile Justice board. The board will decide claim of juvenility in the court proceedings and
even after disposal of matters. The board has to consider the Rule 12 of the juvenile justice
rules, in order to determine juvenility. In case of-

Deoki Nandan Dayma v. State of Uttar Pradesh [16] the court held that entry within the
register of faculty mentioning the date of birth of student is admissible evidence in
determining the age of juvenile or to show that whether the accused is juvenile or child.
Juvenile Justice System in India

Again, in the case of Satbir Singh& others v. State of Haryana,[17] Supreme Court again
reiterated that for the purpose of determination whether accused is juvenile or not, the date of
birth which is recorded in the files of school records while taking admission shall be taken
into consideration by Juvenile Justice Board.

In case of Krishna Bhagwan v. State of Bihar [18] the court stated that for the aim of trial
under Juvenile Justice Board, the relevant date for the considering the age of juvenile should
be on which the offence has been committed.

But later in case of Arnit Das v. State of Bihar [19], the Supreme Court overruled its previous
decision and held that date to make a decision in claim of juvenility should be the date on
which the accused is brought before the competent authority.

VIII. Juvenile Justice Board –

The juvenile justice board was made to deal with the matters concerning children in conflict
with the law. Juvenile justice board has to be constituted for each district or group of districts
it consists of two social workers and one Judicial Magistrate. This is an effort to bring change
within the nature of the inquiry and decriminalize the administration of juvenile justice
through the presence of the 2 social workers. There shall be a constitution of Board for the
aim of inquiry and hearing within the matters of juvenile in conflict with law.[20]

The Board shall consist of Principal Magistrate and two social workers, among whom one
should be a woman.[21] The Act provides that under no circumstances the Board can regulate
and operate from regular court premises. The decision taken by the Principal Magistrate shall
be final.[22],

1. Special Procedure of Juvenile Justice Board: - The Act has provided the procedure against
the juvenile offender. Following are the main special procedure –

2. The proceedings cannot be initiated on a complaint registered by the police or citizen

3. The hearing must be informal and should be strictly confidential.

4. The offenders should be kept under Observation Home after detention.

5. The trial of juvenile in conflict with law shall be conducted by lady Magistrate.

6. A child in conflict with law may be produced before an individual member of the Board,
when Board is not sitting.[23]
Juvenile Justice System in India

IX. Criminal Justice (Reformative or Punitive) and Juvenile

Juvenile Justice may be a legal framework which defines justice for juvenile under the Indian
system. The system is giving a special treatment and protection to delinquency. Juvenile
Delinquency means a criminal offense committed by youth who is under the age of 18 years.
At present, in every country there’s an increasing rate of juvenile crimes and this increasing
rate is creating a debatable issue aged determination. Age determination is considered as one
of the most important factors to determine the maturity level of the accused. The increasing
rate is raising an issue that whether the juvenile is often tried as an adult or not? The act itself
answer to the question that no juvenile offender who comes under the definition of “ child
with conflict with law” as defined under sub – section 13 of Section 2 of the Act shall not be
tried as adult and shall sent to Child Care Centre or any Rehabilitation Centre( till the
offender attain the age of 21 years and then he or she may shifted to the jail or prison).

Thus, this Juvenile Law in India, considers Age Determination as a paramount importance to
seek out out whether the offender falls under the purview of Juvenile Justice Act.[24]

According to the Act, the utmost tenure of punishment which may tend to the juvenile
offenders is three years and this punishment is valid for heinous crime also. In case of an
adult offender, the utmost punishment which may tend is 7 years or captivity or execution.
But, the Act, just in case of juvenile offenders believe on Reformation of juvenile the
maximum amount as possible. The reformation type of punishment under the Act includes: –
Sending juvenile to Rehabilitation Centers, Juvenile Schools or making them involve in
various program headed by government or NGO’s.

In the present scenario, there's no got to give such a minor quite punishment for a heinous
and harsh offence simply because aged determination or Age factor. Rape is Rape, one can’t
walk way taking a plea aged factor or mental incapacity or mental unfitness.

Thus, the existing law in the name of Age determination or Age Consent, is not creating a
deterrent effect on the anti – social behavior of youth. Juvenile offenders are in believe that
committing heinous crime is not any issue as they're going to escape little or no or no
punishment in name only of reformation.

Adopting of reformative concept theory of punishment by law, is giving an undue

advantage to juvenile to perpetuate their ability to commit crime without facing any harsh
consequences. Reformation is nice but not always. If law is talking about reforming the
Juvenile Justice System in India

juvenile offenders so as that they're going to have a much better life in future then law should
also mention the rights of the victim. Justice must tend to the victim. the thought of
reformation helps juvenile to reform but it is not helping the victim within the smallest
amount. The present juvenile system in India is formed on believe that juvenile offenders are
often reformed and rehabilitated, sending them to bars or prisons getting to be are getting to
be going to reaffirm their status and identity as “criminals”. Now the question arises is that
there's no guarantee that juvenile offenders will get reformed and should not show their anti –
social behavior again. The act is totaling that consider the reformation instead of penalization.
Penalization will certainly will create a deterrent effect on the juvenile and increasing rate of
crime by juvenile will hamper.

X. CONCLUSION

The increasing rates of juvenile crime in India is a very concerning issue, which is to be
properly focused upon because the future so our nation depends on this generation only.
Although government has made various legislations and amendments in to the juvenile
justice system, to stop the incidents of increasing of juvenile crimes in India. But the present
law is also not creating a proper effect on the juveniles and thus the results are not fruitful and
legislative. Although providing social workers in juvenile justice board who can understand
the minors and take care of them are some good steps by the government. Also, Juvenile
Justice act is a weapon to provide or safeguard the country by providing a system that
responds to the criminal activities of children who are being maturing into the adulthood.
States recognize that children who commit crimes are different from adults: as a category,
they're less blameworthy, and that they have a greater capacity for transformation. To
respond to those differences, states have made a separate house of judiciary for juveniles for
support, which they have created a separate, youth-based service delivery system that's
different than that provided to adults. It has seen that the countries with economies in
transition have witnessed a dramatic rise in delinquency rates.[25]. Most children and young
people in conflict with the law have committed minor crimes barring some exceptions.
Reducing the age of Juvenile in conflict with Law can never be the solution to the problem of
Juvenile Delinquency. Considering Nirbhaya Case as a whole and sole reason and also the
moral foundation and justification to reduce the age of Juvenile from 18 to 16 and thereby
causing the Juvenile Justice (care and protection) Act of 2000 to undergo the drastic and
dramatic changes is nothing but a pathetic exhibition of social prejudices by the central
Juvenile Justice System in India

government. The demand to lower the age aged of Juvenile to 16 was misinformed, emotive
and motivated. It is nothing but a ploy to feature to already overwhelming powers of the state
that it exercises over its citizens. The center of interest in court is usually a juvenile and his
welfare, and not the act or its consequences which could have resulted in his or her being
brought before the court. Juvenile justice system needs to maintained rehabilitation as its
primary goal and should clearly distinguish itself from the criminal justice system. Hence by
reducing the age, a problem will not be not be solved. It should be followed from the roots of
the problem and from their it should be sorted out. The new Amendment in Juvenile Justice
Act will throw open the gate for frivolous FIRs. The Juvenile Justice Act of 2000 was
comprehensive and if would have been implemented honestly could have curbed incidents
like Delhi gang rape by providing timely help and necessary support to juveniles who might
become hardened criminals. The problem is with the implementation of the act. The Juvenile
Justice (Care and Protection) Act, 2000 was a progressive piece of legislation with its heart
within the right place. The need of an hour is to fix the systemic problems and strengthen the
existing juvenile justice system such that it can fulfil its objectives to reform and rehabilitate
the young people who need it the most.

History, from time to time we have witnessed that the only the measure of stipulating
stringent laws that would only promote hatred and injustice in the peoples. Law can never be
the solution. Law can only supplement the solution. Therefore, the time has come to adopt a
flexible, novel approach to tackle the problem of Juvenile Delinquency, an approach- full of
love, compassion, understanding, values and last but not the least- the JUSTICE.[26].

XI. REFERENCES-

1. [1],[2],[3] JP, Juvenile Delinquency, Waukesha Criminal Attorney (Jul.9,2018)

https://waukeshacriminalattorneys.com/

2. [4] 1998 SCC, Del 879: (1999) 77 DLT 181

3. [5] [6] Prof. N.V. Paranjape, Criminology, Penology with Victimology, page no 662,
Central Law Publications, 17th edition,2017.

4. [7] [8] Bare Act, The Children Act, 1960, Universal Publication, 12th Edition.
Juvenile Justice System in India

5. [9] Prof. N.V. Paranjape, Criminology, Penology with Victimology, page no 662,

Central Law Publications, 17th edition,2017.

6. [10] [11] 1998 SCC, Del 879: (1999) 77 DLT 181

7. [12] Section 82 of IPC states that a child below the age of seven years.

8. [13] Section 13 of The Juvenile Justice (Care and Protection of Children) Act,2015.

9. [14] Jurispediasss, Minorite penale in French

10. [15] Walker, C., S. & Bishop S., A. 2016. Length of stay, therapeutic change, and recidivism for
incarcerated juvenile offenders. Journal of Offender Rehabilitation, 55:6, 355-376.

11. [16] 1997 i0 SCC 525

12. [17] AIR 2005 SC 3549

13. [18] AIR 1989

14. [19] AIR 2000 SC 748

15. [20] Section 4 of Juvenile Justice (Care and Protection) Act, 2015.

16. [21] Section 4(2) of Juvenile Justice (Care and Protection) Act, 2015.

17. [22] Section 5 of Juvenile Justice (Care and Protection) Act, 2015

18. [23] Section 7(2) 0f the Juvenile Justice (Care and Protection) Act, 2015

19. [24] Dr.  S.S. Srivastava, page no 319, Central Law Agency, 3rd Edition, 2007.

20. [25] Prof. N.V. Paranjape, Criminology, Penology with Victimology, page no 665,
Central Law Publications, 17th edition, 2017.

21. [26] Maruf, Mohammad Muntasir, Farzana Rhaman et al (2015), “Socio- Demography, Substance
Abuse and Offence Among Inmates with Psychiatric Disorder in Female Juvenile Center, Bangladesh”.
PEOPLE: International Journal of Social Science. 1 (1):500- 508
Juvenile Justice System in India

[5]