JOURNAL OF JUVENILE AND FAMILY LAW

RESEARCH ON :-
JUVENILE JUSTICE SYSTEM IN INDIA: NEED FOR
SYSTEMATIC CHANGE
(DEC.2017)

TITLE OF THE PAPER: JUVENILE JUSTICE SYSTEM IN INDIA : NEED FOR

SYSTEMATIC CHANGE

NAME OF THE AUTHOR: ANUSHA TIWARI

INSTITUTION: MODERN LAW COLLEGE, GANESHKHIND ,PUNE-16

E-MAIL: anushatiwari0707@gmail.com

ADDRESS: 4245/81 Maharshi Sudarshan Ward, Ganga Maiya , VFJ Estate Jabalpur, (MP)
482009

CONTACT NO. : 7385397966

WRITTEN SUBMISSION BY- ANUSHA TIWARI

JUVENILE JUSTICE SYSTEM IN INDIA : NEED FOR SYSTEMATIC CHANGES

 ABSTRACT

"Treat the cause and not the symptom. " Government of India needs to keep this phrase in
practice when it comes to deal with juvenile delinquents. In the above context, this paper tries
to highlight the growth and development of juvenile justice system in India, further, take a
brief look at constitutional provisions, Juvenile justice Act, 2000 and extent of delinquency in
India and need for changes in the prevailing system for Juvenile justice Care and Protection
Act.
Introduction-

More than a century ago, Abraham Lincoln said: “A child is a person who is going to carry
on what you have started. He is going to sit where you are sitting, and when you are gone,
attend to those things you think are important. You may adopt all the policies you please, but
how they are carried out depends on him. He is going to move in and take over your
churches, schools, universities and corporations. The fate of humanity is in his hands”1

The problem of juvenile delinquency is not new. It occurs in all societies simple as well as
complex. In a developing country like India, the problem of juvenile delinquency is
considerably low but gradually increasing according to the National crime record bureau
report 2007. The share of crimes committed by juveniles to total crimes reported in the
country has also increased rapidly.

"It is easier to build strong children than to repair broken men."

Frederick Doughless

India is home to the largest child population in the world. The Constitution of India
guarantees Fundamental Rights to all children in the country and empowers the State to make
special provisions for children. The Directive Principles of State Policy specifically guide the
State in securing the tender age of children from abuse and ensuring that children are given
opportunities to develop in a healthy manner in conditions of freedom and dignity.

The Juvenile Justice (JJ) system is based on principles of promoting, protecting and
safeguarding the rights of children. It was enacted by the Indian Parliament in 1986. In the
year 2000, the Act was comprehensively revised based on the United Nations Convention on
the Rights of the Child .The Act is based on the provisions of Indian Constitution and the four
broad rights defined by the UNCRC:

• Right to Survival

• Right to Protection

• Right to Development

• Right to Participation

1
Wrobleski . M, Henry (2000) an introduction to law enfprcement and criminal justice, Thomson
learning, USA, pp-540-41
Who is a Juvenile?
Juvenile means anyone who has not yet reached the age of adults in terms of childishness or
immaturity. In the Legal sense, a juvenile can be defined as a child who has not attained a
certain age at which he can be held liable for his criminal acts like an adult person under the
law of the country.

'Juvenile' and 'child'-

According to International Law, a ‘Child’ means every human being below the age of 18
years. Today this is a universally accepted definition of a child which comes from the United
Nations Convention on the Rights of the Child (UNCRC).

Under the Indian Laws, Sec.2(k) of the Juvenile Justice (Care and Protection of Children)
Act,2000 defines “juvenile” or “Child” as a person who has not completed eighteenth year of
age.

Difference between a Juvenile and a Minor-

A minor refers to a person who is not yet an adult in the eyes of the law. In this context minor
is the opposite of an adult.

Juvenile, on the other hand indicates legality. In technical terms, it does mean young but has
a negative connotation to it. It tends to imply immaturity and childishness and in legal terms,
it refers to a young person who has been accused of a crime.

In this context, juvenile is sort of the opposite of a minor as minor indicates an innocent child
whereas juvenile tends to imply a young criminal2.

Contributing factors to juvenile crime-

"Nobody is a born criminal".

The juvenile delinquent does not feel his disturbed personality as the intelligent man
does not feel his intelligence or the introvert his intrusion.

B.F Skinner

Mostly they all were creation like us ,with no particular criminal inclinations but whose very
lack of direction put him in the crosshairs of the world.

Poverty, broken homes, family tensions, emotional abuse, rural-urban migration, break-down
of social values and joint family system, atrocities and abuses by parents or guardians, faulty
educational system, the influence of media besides the unhealthy living conditions of slums
2
Difference between minor and juvenile.

DESCRIPTIVE ANALYSIS AND COMPARISONS (July 24, 2017, 3:21 A.M.),

http: // www.differencebetween.info/difference-between-minor-and-juvenile.
and such other conditions explain the phenomena of juvenile delinquency. The neglect of
children by their parents, family, society and the nation create detrimental effect on their
physical, mental growth and over all development.

After all, the children represent the nation and the coming future of the country. Even
international instance like UN Standard Minimum Rules for the Administration of Juvenile
Justice, also known as Beijing Rules, 1985 and UN Convention on the Rights of Child, 1989
are notable and has articulated the global consensus on giving special attention to the children
who come in conflict with law.

In the above context, this paper tries to highlight the growth and development of juvenile
justice system in India, further, take a brief look at constitutional provisions, Juvenile justice
Act, 2000 and extent of delinquency in India and need for changes in the prevailing system
for Juvenile Protection.

Constitutional Provisions for care and protection of child-3

The Constitutional provisions of India have inspired the developments in the field of juvenile
justice. Part III and Part IV which deal with Fundamental Rights and Directive Principles of
state Policy respectively contain some special provisions with respect to children.

Art.15 (3): Permits the State to make special provisions for children and women

Art.23: Prohibits the traffic in human beings and forced labour

Art.24: Forbids the employment of children below the age of 14 years in factories, mines and
other hazardous occupations

Art.39 (e): Directs the State to safeguard the tender age of children from entering into jobs
unsuited to their age and strength forced be economic necessity

Art.39 (f): Directs the State to secure facilities for the healthy development of children and to
protect childhood and youth against exploitation and moral and material abandonment.

Art.45: Requires the State to provide free and compulsory education to all children up to age
of 14 years.

Art.47: It is the duty of the state to raise level of nutrition and standard of living.

Legislations associated with Juvenile Protection in India-

The Apprentices Act, 1850 was the first legislation dealing with children in conflict with the
law in India. The Indian Jail Committee established in 1919 urged for demonstrating separate
institutions and to have separate trials for the juveniles. Reformation and Rehabilitation of
juveniles should be the motive of the law.4

3
H.M Seerwai , Constitutional law of India, Vol. 2, (3rd ed. 2008).
4
K.P Mukundan, Study of the status of the justice delivery system for juveniles in conflict with law in
Maharashtra, Mumbai(2003)
The Code of Criminal Procedure, 1898 contained the provisions of juvenile justice along with
many other things regarding an adjective or procedural law. Many States enacted their own
State enactments in adjudication of matters involving the child or the juveniles which were in
force in the respective States such as: Bombay Children Act, 1924 Bombay Children Act,
1948 U.P. Children Act, 1951 West Bengal Children Act, 1959 Rajasthan Children Act, 1970
Bihar Children Act, 1982, etc. The Children Act, 1960 applied only to Union Territories.
There were many such enactments in many states of India which prevailed for administration
of juvenile justice.5

Supreme Court in its judgment in Sheela Barse’s 6case played a vital role in passing the
constant and uniform law on juvenile and recommended the parliament to make a uniform
law applicable throughout the country. As an outcome of the case, for the first time, the law
mandated care, protection, treatment, development and rehabilitation of neglected and
delinquent juveniles and for adjudication and disposition of juvenile delinquency matters in
India.7

Normative Structure of Juvenile Justice System

The National Policy for the Welfare of Children, 1974 was formulated ,that declared the
children of the nation to be the supremely important asset. 8 So there should be a prominent
part in the national plans for children’s programs for development of human resources, so
that they grow up to become robust citizens.9 The main aim would be equal opportunities for
development to all children during the period of growth which would ultimately serve the
large purpose of reducing inequality and ensuring social justice.10

History of Juvenile Justice System Prevailing In india -

Juvenile Justice Act, 1986 - This Act does not only aim at restructuring the system in
the line of internationally proclaimed set of principles but also intends to evolve a new
concept of juvenile justice within the true meaning of social justice as enshrined in the
Constitution of India.11

By adopting United Nations Standard Minimum Rules for the administration of the Juvenile
Justice, India has become the first country to grow its system in the light of the principles
enunciated therein. The main objective behind this was to

 lay down a uniform legal framework for Juvenile Justice;

5
P.Ghosh, Evolution of Juvenile Justice System in India, SHARE YOUR ESSAY (Aug. 16, 2017, 4:30 P.M.), http://
www.shareyouresaays.com/119420/essay-on-the-evolution -of-juvenile-justice-system-in-india.
6
Sheela Barse & Anr. V. Union of India & Ors. 1986 AIR 1773 ORS.
7
THE JUVENILE JUSTICE ACT,1986
8
S.S Thilakarathna, Children: Future Pillars of the Nation, FEATURES (Aug. 20, 2017 8:18 P.M.) , http://
www.news.lk/features/item/7661-children-are -the -future-pillars-of-our-nation-it-s-our-responsibility-to
protect-them.
9
Laxmikant Pandey v. Union of India, 1984 (2) SC 244.
10
Gaurav Jain v. Union of India , 1997 (8) SCC 114.
11
Yogesh Sanehi, State & Child Justice: Stories of Delinquent Juveniles, 39 ECONOMIC & POLITICAL WEEKLY
4512-4515 (2004).
  to provide a specialized approach towards the prevention and control of juvenile
delinquency;
 to come up with the machinery and infrastructure for Juvenile Justice operations, to
establish the norms and standards for the administration of Juvenile Justice;
 to develop the proper linkages and coordination between the formal system and
voluntary agencies and to constitute special offences in relation to juveniles and to
prescribe punishment thereof;12

Juvenile Justice (Care and Protection of Children) Act, 2000 13

Analyzing the current developments, the juvenile justice administration in India (JJ Act 1986)
was found to have several flaws or gaps in legal provisions and shortcomings by the way of
linkages between the governmental and non-governmental efforts in the care, treatment and
rehabilitation of such children.

Under this act, the upper age limit of the boys has been increased from 16 to 18 years, which
would increase the actual coverage by seven times. It was then mandatory to constitute a
‘National Level Advisory Board’ on juvenile justice, to advice the Central and State
Governments as well as the Voluntary Organizations associated with this work.[28]

Salient features of this act-

This is an act which aims to:

 Consolidate and amend the law relating to juveniles in conflict with law and children
in need of care and protection (Replace Juvenile justice Act, 1986)
 Provide for proper care, protection, treatment and cater to their development needs .
 Provide a child-friendly approach keeping their best interest in mind while dealing
with them .

Sources and principles-

a) The Constitution of India: Art. 15(e), 39 (e) & (f), 45 , 47;

b) United Nations Convention on Rights of the Child (UNCRC), 1989 (Ratified by India
in 1992 (with a reservation on child labour eradication alone);

c) United Nations Standard Minimum Rules for the Administration of Juvenile Justice,
1985 (Beijing Rules);

d) United Nations Rules for the Protection of Juveniles Deprived of their Liberty, 1990

About Juvenile in conflict with law:

Sec 2(l): A Juvenile in conflict with law is defined as one who is below 18 years of age as on
the date of commission of the offence.
12
V. Kumari, The Juvenile Justice System In India : From Welfare To Rights, OXFORD U.P.(2nd Ed. ,2010).
13
JJ Act ,2000
About juvenile justice board and it’s functioning:

Sec 4(1): A Juvenile Justice Board (or more than one) has to be established in every district
in the country in 1 year (i.e. by 2007)

Sec 4(2): At least, 1 woman should be there among the 3 members of the board .

Sec 4(3): The Judicial Magistrate or the Metropolitan Magistrate should have special
knowledge or have received training on child psychology / child welfare & the two social
workers on the board should have at least 7 years of active experience working towards
issues of children.

Sec 4(5)(iii): Members shall be disqualified if they do not attend continuously for 3 months
or if overall attendance in a year is less than 75%.

Sec 5(1) & Rule 9(3): juvenile justice board should meet on every working day of a week
unless cases are less and such a specific order exists to that effect.

Rule 9(5): every juvenile justice board session should be at least for 5 hours

Sec 5(2): In case the board is not sitting, a juvenile allegedly in conflict with law can be
produced in front of any single member of the board.

Sec 5(3): Final disposal of a case in the juvenile justice board requires at least the JM / MM
and one social worker to be present

Sec 6(1): Juvenile justice board is the single exclusive authority for cases of juvenile in
conflict with law

Sec 6(2): A Session’s court or a High court can take appeals or revisions against a juvenile
justice board order and exercise the powers conferred on the juvenile justice board by this
Act.

Sec 7: In case, any case relating to a juvenile allegedly in conflict with law comes up in a
court, the court shall redirect the same to the juvenile justice board.

About institutions for juvenile in conflict with law:

Sec 8(1): observation homes are to be established in each district or group of districts for
temporary reception of juvenile allegedly in conflict with law during pendency of inquiry.

Sec 8(4): Initially, the juvenile allegedly in conflict with law has to be placed in the reception
unit of the 7-12, 12-16 &16-18, considering physical / mental health and degree of offence

Sec 9(1): Special homes are to be established in each district or group of districts for
reception and rehabilitation of JICWL which implies that orders have already been passed by
a juvenile justice board in such cases.

Sec 9(4): The juveniles shall be classified based on age, considering physical / mental health
and nature of offence.
About process relating to juvenile allegedly in conflict with law:

Sec 10(1): No juvenile for any reason can be lodged in a police lock-up or in jail.

Supreme Court notice to Centre on PIL to amend JJ Act -14

As a fallout of the Delhi gang rape incident, in which one of the accused is a juvenile, the
Supreme Court issued notice to the Union government on a public interest litigation petition
seeking a direction to amend the Juvenile Justice Act. The petition called for amending the
Act to insert a provision whereby an exception is mentioned regarding the non-applicability
of the Act, qua juvenility, depending upon the facts and circumstances of a particular case,
irrespective of the age of the accused i.e. below 18 years.(mention case name with year ,air)

In the Delhi incident, one of the accused is aged about 17 years i.e. below 18 years and as per
the prevailing law has been treated as a juvenile and kept in some reformatory school/ borstal
jail. Not only this, as per the prevailing law the Juvenile Justice (Care and Protection of
Children) Act, 2000, his trial also would be conducted separately and if found guilty he
would be kept in a reformatory school/ borstal jail only maximum up to 3 years.”

In the present Act no parameter about the physical or mental maturity of a juvenile was
mentioned, which gave license to “all matured, cruel type of persons under the age of 18
years to live with full impunity and commit any crime of any level and walk freely only on
the basis of their age being less than 18 years and being safeguarded under the Juvenile
Justice (Care & Protection of Children) Act,2000.

Need for amendment -

Extent Of Delinquency In India (Demographic transition )

The statistics of juvenile crimes in the country against total crime in the country indicates
steady decline in early 1990s and static in late 1990s and then again rose significantly in early
2000 and still increasing gradually. It has been observed that children at the threshold of
adulthood -in the age groups of 16-18 years are more prone to taking up criminal activities.
This increase may be partly attributed to inclusion of delinquent boys from 16 to 18 years for
the first time as per new definition of Juvenile Justice Act, 2000. The table below gives a
clear picture of the rate of juvenile delinquency under the Indian Penal Code (IPC), incidence
of juvenile (SLL) crimes in India and juveniles apprehended under IPC and SLL (age wise)
during the period 1990 to 2007.

Types of Juvenile (IPC) Offences In The Year 200715

Attempt to murder 547

Murder 672
Rape 746

14
J. Venkatesan ,S.C notice to Centre on PIL to amend JJ Act,The Hindu,(19Jan. ,2013)
http:// www.thehindu.com/S.C-notice-to -centre-on-PIL-to-amend-JJ Act/ last seen on 20/11/2017
15
NCRB, report, 2007,New Delhi
 Molestation 476
Riot 1,440
Burglary 2,603
Theft 5,606
Others 5,418

The number of juvenile crimes in 2007 increased by 8.4 per cent over 2006 with 22,865
crimes registered during 2007, up from 21,008 in 2006. Out of 34,527 juveniles apprehended
in year 2007, 29,771(86.2%) were arrested under IPC crimes while 4,756 (13.8 %) arrested
for committing SLL crimes. It is observed that during 2007, 1,460 juveniles were
apprehended in the age group of 7-12 years, 12,114, juveniles were apprehended in the age
group of 12-16 years whereas bulk of juveniles (20,953) were arrested under the age group of
16-18 years. The percentage share of juveniles apprehended under these age groups was
4.2%, 35.1% and 60.7% respectively. 16

In our country, it was the high time to bring some reform in the Juvenile laws as there has
been a steep rise in serious crimes involving youth of 16 – 18 years of age and they very well
know that below 18 years is the ‘getaway pass’ for them from the criminal prosecution. The
punishment has to be made a bit deterrent in order to inject the feelings of fear in the mind of
the criminal. The recent “Nirbhaya rape case“ has caused utter dismay, concern and outrage
amongst the people. The gruesome act of brutalizing her with an iron rod was done by none
other but a juvenile and he has been sentenced for a period of 3 years as per Section 15 of JJ
Act, 2000 as per our law for juveniles. The principal ought to have been followed for trying
juvenile offenders is that Juvenility should be decided as per the state of mind and not just the
state of body.17 In the recent Nirbhaya rape case all the other co- accused are awarded death
sentence but the person who committed the most brutal part of the case has been awarded a
mere 3 years of remand as per JJ Act, 2000.

Juvenile Justice (Care and Protection of children)Act,2015

Subramaniam Swamy , filed PIL in the Supreme Court for trying the juvenile as an adult in a
court. This made the UPA government initialised the process of amending the law related to
juveniles. Looking to the rising level of juvenile crimes, the Women and Child Development
Minister Smt. Maneka Sanjay Gandhi said there was a need to introduce this new law. The
government felt that the existing Juvenile Justice Act, 2000 is facing issues with respect to
implementation and procedural delays. The new bill is aimed to remove all such
discrepancies by acting as a deterrent for the juvenile offenders .

Features of the act-

 The bill seeks to make adoption process of orphaned, abandoned and surrendered
children more streamlined. One of the most criticized step in the new juvenile justice
bill 2015 is introduction of “judicial waiver system” which will allow treatment of
16
NCRB, report, 1990-2007 New Delhi 15*Precentages
17
Dr. Subramanian Swamy v. Raju, AIR 2014,SC 1649.
 juveniles in certain conditions, in the adult criminal justice system and to punish them
as adults.
 Juvenile Justice Boards (JJB) will be constituted in each district. The role of JJB
would be to conduct a preliminary inquiry to determine whether a juvenile offender is
to be sent for rehabilitation or be tried as an adult.
 The CWC will determine institutional care for children in need of care and
protection. It is for the first time in India that such provisions have been applied.

This act totally deals with punishing children involved in crimes which are sort of well
planned crimes, which creates a sense that the person committing the crime clearly know
about what he is doing and still committing it, the crimes which are heinous in nature like
rape and murder, dacoity or kidnapping.18This new act is considered as the biggest legal
reform by the Indian judiciary and considered as a move towards stopping crimes by the
teenagers of country by creating a sense of fear of punishment in the minds of teenagers by
introduction of such type of laws.19

The Juvenile Justice Act of 2000 prescribes the maximum punishment of three years
detention in a juvenile home irrespective of the nature of the offence. However, the new bill
seeks to segregate the adolescents in the 16 to 18 age group by categorising them into petty,
serious and heinous offences by treating the juveniles accused of heinous offences as adults.
For the first time, petty, serious and heinous offences based on provisions of IPC have been
clearly defined in the said bill which provides that-

(i) a heinous offence is one for which the minimum punishment is seven years of
Imprisonment under any existing law.

(ii) Imprisonment between three to seven years falls under the category of serious offence
and,

(iii) any offence for which maximum punishment is three years is a petty offence. Currently,
the Juvenile Justice (Care and Protection of Children) Act, 2000 only lays down the
framework of dealing with children who are in conflict with law and children in need of care
and protection. The 2015 bill replaces the existing 2000 Act by strengthening the provisions
of the Act and laying down the procedures to deal with both categories of children.

The Bill makes a provision for the constitution of Juvenile Justice Boards (JJBs) and Child
Welfare Committees (CWCs) in each district for dealing with these children. Both the bodies
must have at least one woman member.

The JJB will conduct a preliminary inquiry assessing the mental and physical capacity of the
child and his ability to understand the consequences of his act to determine whether a
juvenile offender is to be sent for rehabilitation or be tried as an adult. The CWC, on the
other hand, will determine institutional care for children in need of care and protection.

18
T.Pankaj, the Juvenile Justice Act, 2015, LEGAL SERVICES INDIA (july 29, 2017, 8:31 P.M.),http://
www.legalservicesindia.com/article /juvenile-justice-act-2015-2147-1.html.
19
Kiran Bedi, Amended Juvenile Justice Act is a message for society, The Hindustan Times, Dec. 24,2015,at 5.
Role played by judiciary in furtherance of care and protection of children-
In Sheela Barse v. Union of India20, the Supreme Court issued directions to the state
government to set up necessary observation homes where children accused of an offense
could lodge, pending investigation and trial will be expedited by juvenile courts.

In Sheela Barse v. Secretary, Children Aid Society21, the Supreme Court commented upon
setting up dedicated juvenile courts and special juvenile court officials and the proper
provision of care and protection of children in observation Homes.

Critical analysis of the JJ Act,2015- Need for a change

1.The present act put the young offenders at high risk by sending them to adult correctional
centre. This becomes a very chronic situation ,especially if the offenders are very young.
Many of these juveniles lack the ability to handle situations such as adult person.

2.This act aims at providing extremely hard sentences, which gives the impression that there
is no hope for their future and no hope of them ever becoming anything but a criminal and a
convict. This is a dangerous thing for society and especially the young person and their
family.

3.Judges in juvenile courts have the power to impose curfews, house arrest, and counseling to
offenders, rather than send them to jail. Judges in adult courts have much fewer options, and
usually choose the prison one.

4. Settling young offenders with adult serial offenders in a place such as adult prison, they are
likely end up becoming involved in gang or other criminal activities, which hinder their
ability to rehabilitate after they are released.

5. Criminal record at young age hold much less weight than those on your adult record . By
putting a juvenile into adult court ,you are also effecting their adult criminal record which in
context to this follow them throughout their life ,especially when trying to get a decent job.

6. It is a system in which juveniles of 16-18 years who commit heinous crimes like rape are
“transferred” as to be treated as an adult. It is based on an assessment whether the crime was
committed as a “child” or as an “adult”. The assessment would be done by psychologists and
social experts of Juvenile Justice Board. This assessment sometimes may result into an
arbitrary process failing the true object of the present act.

7. One of the problems which were raised by ministers was that this approach is based on
retribution rather than on reformation and rehabilitation. It is argued that this amendment is
introduced particularly to adhere to illiberal voices of the mob after the 2012 Delhi Gang-
Rape.

20
ibid. at 6.
21
Sheela Barse v. Secretary, Children Aid Society,AIR 1987, SCC 50,54
8. It is pointed out by experts that this bill is in violation of the norms of UNCRC since it
requires every child under 18 to be treated as equal. Article 14 , Right to equality can also be
violated in that sense.

Moreover, it seems to also violate the article 20(1) of Indian Constitution for it is according
higher penalty to the same offence if the adult is apprehended after 21 years of age.

9. Even though if we assume that there are some juveniles who have enough mental maturity
to commit such crimes still it is very difficult to determine the maturity of the juveniles. Such
psychological tests are highly subjective and arbitrary. It is also argued by experts that some
mature master-mind juveniles can crack the test and pass-off as immature while some
susceptible immature juvenile minds can still be considered as mature.

10. The present act is more deterrent rather than a reformative one which is a very tragic
experience for all of the society ,especially the young offenders who are the root foundation
of a country.

Critical Appraisal-
Everything has two facets similar to that of a coin. One side of it represents it's pros and
another side it's cons. Despite of , the aforementioned defects the act is very fruitful in it's real
sense and lodged a very great impact on Indian society where the intensity of crime rate was
increasing with a huge speed after 1990's.

"Experts say that if children can't be read by the end of the fifth grade ,they lose self-
confidence and self-esteem, making them more likely to enter the Juvenile Justice
system."

Conclusion -
'A strong and empowered youth represents a strong country' as the foundation of every
country lies in the hands of the youth. Needless to say that most of the factors causing
delinquency are in plenty in the Indian context and any attempt to prevent and control them
can be fruitful for society.

'It is easier to build strong children than to repair broken men.'

I think it is very important for us as a member of society to remember that youth within
juvenile justice systems are, most of the time ,youths who simply haven't had the right
mentors and supporters around them and because of which they incline towards committing
crime . The present act is deterrent in nature but the main objective is to prevent the
upcoming childrens from getting indulged into activities which are against the law of the land
and humanity. The Indian Constitution also make special provisions for the empowerment
and upliftment of women and children and at International level ,United Nation Convention
on the Rights of Child make special provisions for the upliftment of women and children.
Despite preventive legislation, the problem of delinquency continues and unabated. It is
therefore, necessary that children should be the focus of development. Since they have only
one opportunity to grow and develop. Though a formal Juvenile Justice system may be
justifiable to a certain extent, there must be some concrete and comprehensive plan of action.
who, due to various It should be evolved for the well being and welfare of all children ,an
attempt to bring them back within the mainstream of social life, a call for a diversified
approach towards the recovery, rehabilitation of socially maladjusted juveniles.