INTERNSHIP PROJECT (NTCC)

RESEARCH PAPER

TOPIC: COMPARATIVE ANALYSIS OF THE JUVENILE

JUSTICE SYSTEM BETWEEN INDIA AND U.S.A

SUBMITTED BY:

VIVEK BEDI

BBA LL.B. (2O17-2O22)

Roll No.: A3221517294

FACULTY GUIDE

DR. DEVENDRA SINGH

 CERTIFICATE OF ORIGIN

This is to certify that I, Mr. VIVEK BEDI , a student of BBA LL.B.(H), Amity law school,
Noida has worked under the able guidance and supervision of DR. DEVENDRA SINGH,
NTCC GUIDE.

To the best of my knowledge no part of this report has been reproduced from any other report
and the contents are based on original research.

I am aware that in case of non-compliance, Amity law school is entitled to cancel the report

Signature of faculty guide

(DR. DEVENDRA SINGH)

Associate professor,

Amity law school, Noida

 ACKNOWLEDGEMENT

I would like to express my sincere gratitude and indebtedness to Dr.

DEVENDRA SINGH for his enlightening lectures. I would also like to express
my sincere gratitude to our teaching staff for guiding me the path towards
gaining knowledge.

I would also like to thank my batch mates and seniors who inspired, helped and
guided me in making this project. I am grateful to some of my seniors/friends
for their incredible guidance and support.
COMPARATIVE ANALYSIS OF THE JUVENILE JUSTICE SYSTEM
BETWEEN INDIA AND U.S.A

Abstract
The juvenile justice system is one of the most controversial issues in the country. In the
present era, children are considered to be more indulged in the commission of petty offences.
In India anyone who has not attained 18 years of age is considered to be a child. On the
other hand, there is no specific age of majority in USA. It is 18 years in some states whereas,
it is 19 years in other states. With time, reformative homes and rehabilitation centres have
also been established in order to show the juveniles the correct path of life. The juvenile
justice system of India is quite similar to that of the USA. Both the countries follow the same
common law principles. However, comparatively, rate of crime in U.S is less than that in
India. According to the Indian jail committee report 1838, 7 percent of the prisoners lost
their life because of bad conditions of the prisons. On the other hand, the mortality rate is
only 1 percent in USA. Existing laws are needed to be followed strictly in order to strengthen
the juvenile justice system.

Key Words: Juvenile, Rehabilitation, Common Law

Research Question

How the Juvenile Justice System of U.S.A. differs from India?

Objective of the Paper

Paper seeks to make a comparative analysis of the juvenile justice system of USA with India.

Research Methodology

The paper will use the doctrinal method of research. It will be based on secondary sources
like scholarly articles, books and newspaper articles.

Scope of the Research

Paper seeks to include all the aspects considering the juvenile justice system of both the
countries. Hence, the scope of research is very vast in nature.
 1. Introduction
The concept of justice is one of the most misused concepts in the country. The connotation of
an ideal justice is that it must be reasonable in nature and must not violate the principles of
natural justice. The present era is being marked by an increase in the amount of crime which
is being committed by the people of the country. Among the people who are indulged in
committing the crime the crimes committed by the juveniles amount to the highest in number
which ultimately makes the juveniles the most vulnerable sections of the society. In ancient
times, the juveniles or the delinquents were subjected to be punished in the same manner as
that of the adults as there was no specific law for governing the criminal activities committed
by the juveniles or it can be said that the law governing the juveniles was quite absurd in
natures which ultimately lead to delay in rendering justice to the juveniles and due to this
they were often being deprived of the justice which implied violation of the principles of
natural justice which affected the relevance of the concept of justice in the ancient times.
The juveniles were subjected to harsh and were being treated very cruelly by the authorities
who made the juvenile and delinquents more prone to offences of criminal nature. Therefore
the system of rendering justice to the juveniles was adversely affected and made the system
of justice to an extent way more absurd in its own nature.

1.1 Who is a Juvenile?

One of the major questions which are needed to be answered in the area of this issue is that
who can be classified under the category of juvenile or who can be considered as a juvenile
and who will be eligible to be considered as a child. According to the various laws which
have been formulated in order to render justice to the juvenile a juvenile is someone who has
not attained 18 years of age and is not eligible to come under the category of child. However,
the age of attaining majority is different in different countries and therefore the age of
attaining majority is not uniform in nature. For instance the age of attaining majority in USA
is 18 years in some countries whereas, it is 17 years old in some countries. There is no
uniform age of attaing majority which makes the system of governing the juveniles to be
more vague in nature. As a result, justice could not be rendered to the juveniles in a proper
manner. However, under the Indian law the age of attaing majority is uniform in nature i.e.
anyone who has attained 18 years of age can be categorised as a juvenile under the Indian law
of justice. Justice can be categorised into various forms.1As per the constitutional provisions
justice can be grouped into Social justice, Economic justice and political justice.

1.2 Who is a Child?

One of the major questions of concern is that who falls under the category of child?
According to the various reputed philosophers “Children are being considered as the ignited
minds of the nation”. It is being stated they are embodied with full of new ideas which would
further help in the overall development of the country. Children are being considered to be
the future of the nation. According to the 2Article1 of the United Nations convention on the
rights of the child a child can be defined as a person who has not attained 18 years of age
unless the law of any other country specifies any other age of attaining majority. For instance
in USA any person who is under 14 years of age is considered to be a child. In ancient times,
the juveniles and the adult offenders were treated in a quite

Same way and it ultimately affected the whole system of governing justice.

1.3 How are Juveniles being differentiated from adult persons?

In the ancient times, the juveniles were being treated in the same manner as that of the adults
and they were being subjected to the same amount of punishments as that of the adults. This
increased the rate of crime amongst the Juveniles which had been an issue of concern for the
entire country across the globe. Any child who is under the age of 12 years cannot be
considered as someone who possess criminal intent due to lack of maturity unless there is a
significant proof as to the presence of criminal intent in the child. The Indian penal code
considers the children who do not possess any kind of criminal intent as dole incapacitate
which means a person who cannot possess an intent which is criminal in nature. According to
the various reports of the United Nations the delinquent children have various factors
involved which make the children or the juveniles to be more prone to criminal activities.
This had ultimately lead to the emergence of a concept commonly known as juvenile
delinquency. The delinquent juveniles were found to be highly indulged in the commission of
petty offences such as drug abuse, Alcohol addiction and other petty crimes which lead to an
increase in the incidents of crime among the juveniles. Violence is a phenomenon which had
made a significant increase in its proportion in the urban areas. According to a fact sheet of

1
V.N. Shukla, Constitutional law of India (Lucknow, Eastern Book Company)
2
Retrieved from, “Convention on United Nations of the rights of the child Report.”
the United Nations on the crimes committed by the youth in various countries the children
who belong to the slum areas are more prone to criminal activities as compared to the
children living in urban areas and it was being found that about 371.8 percent of the children
of the sub- Saharan African region amount to the highest number of children being indulged
in the commission of petty offences which make the country suffer more as the social
structure of the country is being affected.

2. History of the Juvenile Justice System of USA

In USA, the system of governing justice to the juveniles is not a recent one. It is a system of
justice which owes its existence from the last 100 years. Though the ancient system of
governing the juveniles was absurd and vague still various developments in the system of
governing justice to the juveniles has made the system of justice so popular that it has been
adopted by various countries in order to render fair justice to the juveniles. The history of
juvenile justice starts from the 1800s. Most of the countries generally followed the common
law which was in exi7stence during that period in order to render justice to the juveniles. The
ancient Rome and Greek countries had followed the English law which was prevalent during
that period in order to cater to the needs of the juveniles and provide them reasonable and
speedy justice. Speedy justice is something which is needed to be given to everyone who is in
the need of justice as unreasonable delay in getting justice renders the principal objective of
the justice to be an objective which is not being fulfilled in an effective way which ultimately
means the denial of justice to the needy. The ancient system which was followed in USA to
provide justice to the juveniles was very unreasonable and was against the principals of
natural justice. The major flaw the law which was being followed to provide justice to the
juvenile was that it failed to differentiate between the juveniles and the adult offenders. As a
result, there were no special laws to govern the justice to the juveniles as a result of which
they were being subjected to the same kind of treatment as that of the adults. They were
being imprisoned and were being punished in the same way as to that of the adults. This had
made them more prone to criminal activities and increased the rate of crime which ultimately
had affected the country as a whole. It was therefore being felt that there is an urgent need ob
make changes in the old system of governance so as to get away with the system of
governance which had deprived millions of the juveniles of the justice which they needed in
order to get reasonable justice.

3
Retrieved From, “United Nations Fact Sheet on Youth, 2010 Report”
2.1 Developments after the 18 century

There were various developments in the juvenile justice system which had lead to a progress
in the juvenile justice system of USA which had ultimately lead to reasonable justice being
provided to the juveniles. 4John Augustus was one of the prominent philosophers who had
recognized the inherent rights of the juveniles and in lieu of the deprivation of the rights to
the juveniles affected the system of justice. One of the major developments which were being
witnessed during this period was the coming up of the court system due to which there was a
major development being carried out and a formal institution for rendering justice to the
juveniles had come into picture. With the change in time there were significant developments
which were being carried out in order to grant justice to the juveniles in a more formal
manner. The first juvenile court was established in Chicago in the year 1889. It was neither a
criminal court nor a civil court. After the 19 century reformatory homes and the concept of
prohibition had emerged. The juvenile fenders who had been indulged in the commission of
minor offences were being sent to the juvenile homes in order to be reformed and thus
become a nearly upright citizen of the country.

2.2 History of the Indian Juvenile Justice System

The history of the Juvenile Justice System of India is quite vast in the nature of its own. India,
as a country had followed the common law system for rendering justice o the juveniles. In the
ancient times the laws of the nature had dominated the philosophy of justice and due to this
factor reasonable justice could not be granted as most of the times, there was an element of
bias existing in the procedure which was being followed in order to grant justice to the
juveniles. Due to the existence of bias an impartial justice could not be rendered to the
juveniles and this made the natural law procedure obsolete in nature and a more formal
procedure was being adopted to provide justice to the juveniles. The history of the juvenile
justice system of India can be grouped into five periods starting from prior to the year 1773
and ending in the year 1950. Various committees were being formed with a view to develop
the juvenile justice system of India in an effective way. Significant changes had occurred in
the juvenile justice system of India which had made the juvenile justice system of India a
system which had paved new ways of rendering justice to the juveniles. The era prior to 1773
is marked by a juvenile justice system which was vague and a quite absurd one in its own
nature. In this era there was no presence of any specific law for rendering justice to the

4
Retrieved from,”www.ncjrs.gov/ojjdp/nationalreport99”
juveniles. In the year 1773 there were some major developments which were being carried
out in order to develop the existing system of governing juvenile justice. There were separate
prisons and places which were being established in order to segregate the juvenile offenders
from the adult one. This change which occurred during this period had ultimately developed
the system of juvenile justice to a great extent and this change had paved new ways for
effective governance of giving justice to the juveniles. After this, the period of 1850-1919
had marked up the coming up of tremendous developments in the juvenile justice system
which had ultimately enabled the system of governing justice to the juveniles to reach to new
heights. This period had marked up the coming up of various acts concerning the children.
These acts were ultimately enacted in order to ensure social, economic, political justice to the
children. With the coming up of the Apprentices Act, children were being trained in craft and
trade which had ultimately paved new ways for the overall development of the juveniles. The
Reformatory Schools Act is one of the legislations which had benefitted the working of the
juvenile justice system. This act had enabled to send children less than 15 years of age to
reformatory schools and then further seek rehabilitation. The coming up of prison reports can
also be considered as a landmark development which had been witnessed in the system of
justice during this era. The period of 1919-1950 had ultimately witnessed significant and
evident developments in the juvenile justice system. The report of Jail committee 1919-1920
had monitored the prison systems and had ensured that proper living conditions and care is
being provided to the juveniles. The Children’s Act was also being enacted during this period
in various provinces like Bombay, Delhi and Madras. The era of 1950 had witnessed had
witnessed the coming up of various acts which had developed the juvenile justice system in a
modern way. The juvenile Justice Act 1986 had ultimately made the provisions for separate
courts for giving justice to the juveniles. This had ultimately enabled the juveniles to get a
speedy justice and develop the aroma of reasonable justice being provided to the juveniles
and peace prevailing in the society. This had benefitted the system of governing justice and it
had ultimately enabled to render proper justice to the juveniles. Though further amendments
were made in the act due to certain disparities and these amendments were made to remove
the disparities which were existing in the juvenile justice system.5

3. Juvenile Delinquency and its various Aspects

The concept of juvenile delinquency has been a concept which has its own roots in the past
era. Even after the establishment of various welfare boards and other institutions for the
5
Retrieved from, “Review of juvenile Justice system, www.shodhganga.com”
governing of justice to the juveniles, the rate of delinquency among the juveniles is
comparatively quite high in nature. The rate of crime among the youth is increasing day by
day. It has resulted in rate of crime being increased. There are various factors and aspects
which contribute to the delinquent behaviour of the juveniles. Family structure and other
factors contribute to the governance of delinquent behaviour of the juveniles. There are
generally two viewpoints of juvenile delinquency i.e. the legal point of view and the
physiological point of view. Delinquent behaviour of the juveniles contributes the most
towards the increase in the rate of crime in the country.

3.1 Legal Definition of Juvenile Delinquency

Considering the legal point of view a delinquent behaviour can be defined through numerous
ways. According to the legal point of view, a juvenile delinquent generally refers to a person
who has not attained an age between 16 or 17 years of age and he/she indulges in the various
activities which are considered to be anti- social in nature or against the moral values of the
society. On the other hand in USA a juvenile delinquent is one who breaks the law, persists in
various activities which are of anti-social nature, marrying against the consent of the parents.6

3.2 Psychological Definition of Juvenile Delinquency

Considering the legal definition and the physiological definition of juvenile delinquency it
can be inferred that the psychological definition is wider in nature as compared to the legal
definition.7 As far as the psychological definition of juvenile delinquency is concerned, it
does include every child who is less than 18 years of age to be considered as a criminal or fall
under the ambit of criminal. Therefore it can be said that psychological definition of juvenile
delinquency does not take into consideration the concept of intention. Thus, this definition of
juvenile delinquency is considered to have a less practical applicability then the legal
definition as it takes into account the notion of intention which makes the definition to be a
more desirable definition of juvenile delinquency as compared to the psychological
definition. For understanding deeply as to what is the basic reason behind the delinquent
behaviour of the juveniles it is very evident to understand as to what are the basic
8
assumptions for the delinquent behaviour of the juveniles. The delinquent behaviour of the
juveniles is affected by various social factors including breaking of family into various

6
Retrieved from, “Sharma Gokulesh, Juvenile Delinquency”
7
Supra note 6
8
Retrieved from, “2003 World Youth Report”
groups. Another basic assumption which is found to cause the delinquent behaviour of the
juveniles is the crime which is being committed by the juveniles in a group of people. Often
the peer pressure is one of the most prominent factors to be responsible for the delinquent
behaviour of the juveniles. A large population of youth is found to be indulged in crime as the
youth have peers who are prone to various criminal activities including murder, drug
addiction etc. According to the data by the Russian federation the rate of crime among the
juveniles is three to four times higher than that of the adults. Due to the charm of getting into
adulthood from the period of childhood the juveniles commit petty offences and major
offences including murder, theft and other offences which ultimately increase the rate of
crime in the society and make the society a dangerous place to live in. Increasing violence in
the society can also be considered as an assumption which ultimately leads to an increase in
the amount of delinquent behaviour between the juveniles. The delinquent behaviour of the
juveniles can also be judged by actually comparing the rate of delinquency amongst the males
and females. 9Police reports indicate that the rate of crime among the male juvenile and the
young adult offenders is more than the double of the young female offenders and the
conviction rates are six or seven times. There are various reasons as to why the males are
more prone to criminal activities then the females. The reasons can be stated as under-

i. More opportunities- The male population of the juvenile generally gets more prone
to criminal activities as they get more opportunities to get indulged into various
criminal activities due to the surroundings and atmosphere which is prevailing in the
society. They are being subjected to the environment in which the crime is prevailing
more often than the girls.
ii. More Exposure- The rate of crime among the males in the society is more due to the
factor that the get more exposure in the society. Even in the present era, there are
some states in the country like Haryana and Rajasthan where females are not allowed
to explore the outer environment of the society. In most of the family structures girls
are kept in homes and made to do household chores and they are being restricted to
their homes only. As a result they are being less subjected to the outer world of the
society and this can be considered as a valid reason for the fewer ratios of crimes
committed between the girls and boys.

9
Retrieved from,” Sharma Goukulesh, Juvenile Delinquency”
 iii. Factors responsible for causing delinquency among the juveniles10
There are various factors which are responsible factors which are responsible for
causing delinquency among the juveniles. They are actually the social, cultural and
economic factors which influence the behaviour of the young offender. They can be
categorised as under-
• Social and economic factors- The delinquent behaviour of the juveniles is more
often linked with the social and economic factors of the society. The society as a
whole is more or less affected by the social and economic disparities which exist in
the society. Economic disparity is one of the major causes of the delinquent behaviour
of the juveniles. Economic disparities ultimately lead to unemployment and
unemployment can be considered to be one of the major causes of being indulging in
criminal activities to earn a livelihood and young offenders take the illegal means
mostly as it is an easy way to earn out for the family.
• Cultural Factors- There are various norms on the society which are to be followed in
the society in order to become an acceptable citizen in nature. Various factors are
included in the cultural factors in order to describe the concept of juvenile
delinquency. Unemployment is one of the basic results for most of the people
becoming prone to be indulged in crime as illegal means makes more money in an
easier manner in nature.
• Urbanization- Urbanization can also be considered as one of the factors that lead to
an increase in the rate of crime and delinquency among the juveniles. Urbanization
includes making the use of new kind of technology, new inputs and making new kinds
of changes which ultimately progresses to an increase in the rate of crime. People in
the urban areas have different socialization strategies as compared to the rural areas.
This difference in strategies makes them more prone to criminal activities. Family
structure is also responsible for an increase in the rate of crime as values play a very
important role in the intensity and the rate of crime in the society.

3.3 Juvenile Delinquency under the Indian law

Under the Indian law there are various provisions governing the procedure for giving justice
to the juveniles under various provisions of law. The children between 7 to 12 years of age
are being exempted from the criminal liability and they are not being punished for the offence

10
Retrieved from, “World Youth Report 2003”
which they commit as they are being considered to be immature in their nature and they are
being considered to be someone who can not possess a mind which is criminal in nature.
Under the Code of Criminal procedure there are various provisions which govern the juvenile
justice system in the country. There were various provisions which provide for establishment
of special institutions for governing the conduct of juveniles up to the age of 21 years. There
were recommendations being made in order to establish reformatory schools for the juveniles
and provide the needy with the care and protection under the delinquent activities which are
being committed by the juveniles. The constitution of India also provides various provisions
concerning the protection of the juveniles. Under the directive principals of state policy of the
constitution the state is empowered to provide protection to the juveniles under the
constitution of India.11

4. Juvenile Delinquency under the Juvenile Justice Care and Protection of

Children Act 2000

Under the juvenile justice act juvenile justice act seeks to prevent delinquent behaviour
among the juveniles. This act makes the age for the juvenile uniform as 18 years old. So in
consideration with this any delinquent behaviour which is being taken into account is
prevented to some extent to give an account for the same. It had established welfare and
aftercare homes for the protection of delinquency among the juveniles among the various
existing homes which are being established to provide aftercare and rehabilitation to the
juveniles. Under this act a child was made competent to demand for his her rights. There has
been a significant increase in the number of crimes from the year 2006 to 2007.The rate of
crime had increased by12 8.4 percent from 2006 to 2007

4.1 Prevention of Juvenile Delinquency

In order to prevent the delinquency among the juveniles the juvenile Justice and Delinquency
Prevention Act was being formulated in order to prevent the delinquency among the
juveniles. The act was being formulated by the congress and the act aimed at consolidating
the various acts which have been passed in order to develop a structure and provide an
effective mechanism in order to prevent the delinquent behaviour among the juveniles.

11
“Nawaz Hague, Juvenile Justice System and its Delinquency in India”, Retrieved from legal
ServicesIndia.com
12
“Nawaz Hague, Juvenile Justice and its Delinquency, Retrieved from www. Legal services India.com”
Welfare boards and aftercare mechanisms have also played an important role in the
prevention of delinquency among the juveniles.

5. Procedure for Governing Trial in India and U.S.A.

After the juvenile is found to be of delinquent nature and is found to have committed a crime
the next procedure which is actually being followed is the procedure for the trail of the
juveniles in various juvenile courts by the judicial magistrate. In ancient time the juveniles
were being tried in adult courts and were treated to be punished in the same manner as that of
the adults. This lead to an increase in the rate of crime and the juveniles were also found to be
indulged in various types of petty offences and therefore it was being suggested that separate
juvenile courts should be established to govern the trial of the juveniles.

5.1 Procedure Governing Trial of Juveniles in USA

Common law system has been actually followed in USA in order to govern the trial of the
juveniles and there were basically various aspects which were to be considered in order to
govern the system of juvenile justice among the country. With the changes in time there were
changes in the juvenile justice system. The state was allowed to act as the guardian of
(13Parents Patrie) juveniles in case the neglected children are not being treated properly by
the family structure the state could act as a guardian for the children. There were various
legal precedents which governed the juvenile justice system of USA they can be classified as
follows-

i. Parental Delinquency laws - These laws had made the parents liable for the
delinquent acts of the minor and the parents were being subjected to punishment due
to the delinquent acts of the minor. The minors were being subjected to be tried in
juvenile courts rather than being treated an offender under the Act.
ii. Due process - During the development of the juvenile justice system the concept of
due process had evolved as a concept to grant equal rights to the juveniles to consider
the process of reasonable justice being granted to the juveniles. The Supreme Court
has in several of its judgements has evolved the concept of due process in order to
14
govern the system of justice in relating to the juveniles. In the case of Kent Vs
United States the Supreme Court has held that the juvenile is entitled to certain rights

13
“1999 National Report Juvenile Offenders and Victims”
14
383 US 541
 before the court could grant the waiver of rights to the juvenile. In other case of 15 Re
Gault it was being held that the juvenile is entitled to various rights and privileges if
the cause of due process results in the deprivation of personal liberty.

The juvenile justice system has its various components and the juvenile justice system is
governed by three components namely prefatory or preadjudication process, Fact finding and
adjudication and disposition and post adjudication process. At the start of the process the
correctional programs and other strategies are being taken into consideration followed by the
arrest of the juveniles. After the arrest proceedings being carried out the juveniles are being
subjected to punishment after considering the extent of the crime committed by them. Mostly
the youth who commit crimes which are less serious in nature are being released and sent to
rehabilitation centres and are being subjected to aftercare programs. The juveniles who
commit the crime of a comparatively more serious in nature are being detained and if found
guilty they are being sent to juvenile courts. The juveniles who commit heinous crimes are
subjected to be sent to adult courts as the juvenile courts waive their jurisdiction and the
juveniles are being sent to the adult courts.

5.2 Procedure Governing the Trial in India

In India, the trial procedure for governing the juveniles is quite similar to that of USA but the
procedure for governing the trial in India has its own benefits and its own changes make the
system develop more and more. The juvenile Justice System of India basically uses three
models namely 1The due process model 2The participatory model 3The welfare model.
These models make the Juvenile Justice system of India develop to a great extent.

5.3 The Due process Model

The due process model of the system of governing justice was actually something which had
provided equal rights and guaranteed procedural rights to the juveniles. It had an objective to
ensure that the juveniles are not being deprived of their basic rights and they are being
provided with reasonable justice after considering the principles of natural justice and
following a due process i.e. an effective process which has been laid down by the law after
considering the procedure established by the law. The SC in its judgement of16 Maneka

15
387US1,87
16
1978 AIR597
Gandhi vs. Union of India had held that no one should be deprived of its fundamental right
and he/she should be provided with reasonable justice after following the due process of law.

5.4 The Participatory model

The participatory model was one of the models which had laid emphasis on the participation
of juveniles in governing the system of justice. The participation of the juveniles had made
them a citizen nearly upright and also enhanced the power of decision making of the
juveniles and it had introduced a sense of belongingness in the juveniles and it helped a lot in
bringing justice to the juveniles and it had also enabled to bring down the right of crimes in
the society. The participatory model has immensely proved to be a boon for the system
governing the justice for the juveniles in India.

5.5 The Welfare Model

All the developments which took place in the juvenile justice system with due course of time
were being carried out in order to promote the welfare of the juveniles in an effective way.
The system of governing justice actually aimed at promoting the welfare of the juveniles but
there were some loopholes in the various laws enacted for the benefit of the juveniles in an
effective manner. The Juveniles are being tried in the Children’s court in India which makes
the system of governing justice for the juveniles an effective system to give the justice to the
juveniles.

6. Comparative Analysis of the Juvenile Justice System between India and USA

In order to compare the juvenile justice system it is necessary to consider the various aspects
which are necessary in order to make an effective comparison between India and USA.
Firstly it can be inferred that there is no uniform age for considering a child as a juvenile in
USA. For instance it is 17 years in some states it is 18 years old. This is a big loophole in the
law governing the justice for the juveniles as there is no uniform law for governing the
juvenile justice which leads to a confusion and disparities in the law. Therefore there should
be a uniform age for considering a child as a juvenile as it renders effective system of justice
to be carried. India has a uniform age for considering a child as a juvenile which makes the
system of juvenile justice to be better in this aspect. In USA the juvenile’s court for trial are
referred to as juvenile courts whereas in India they are being referred as children’s court.
 17
Another form of comparison which can be inferred is that according to the Indian jail
Committee Report of 1919 the loss of life in India due to poor conditions of the prison is 7
percent in India whereas it is just one percent in USA. This makes the fact evident that the
conditions of prisons in India is poorer then the conditions of prisons in USA. Though
significant steps have been taken but still there is a need to develop the prison system more in
nature. There have been various changes and the crime is increasing day by day in India.
According to the NCRB report 15230 crimes were reported in India in the year 1990 whereas
in US only 2240 crimes were being reported. This makes fact evident that the rate of crime in
India is more as compared to USA According to a report of 2014 2851563 cases of crime
were being registered in India out of which 33256 cases were being registered under the IPC
whereas a tremendously less number of crimes were being registered in USA. This makes the
fact clear that the crime rate in India is still higher than that of USA. Still there have been
evident steps being taken in India in order to develop the juvenile justice system of the
country. There reformatory schools have been established in India to provide justice and
rehabilitation to the juveniles whereas there is no existence of reformatory schools in USA
which makes them enable to seek more rehabilitation and care as compared to the juveniles in
18
USA.According to recent statistics a total number of 5418 were registered for other
offences in India under the IPC as compared to 2318 in USA under the law. There had been
significant changes in the system of justice in India which made the system of juvenile justice
develop to a great extent. It had ultimately benefitted the whole system of governing justice
for the juveniles. The Juvenile Justice Act of 1986 established a uniform legislation for
governing the trial of the juveniles in India. In India trial procedure begins from investigation
of the offence committed by the juvenile followed by the arrest of the juvenile. If the offence
is of less serious nature they are being released and sent to the custody of parents and if the
crime is of medium intensity then they are being detained followed by the investigation and if
found guilty they are being sent to the juvenile court and the authority of the juvenile court
carry out and informal trial if the offence committed by the juveniles falls under the
jurisdiction of the juvenile court else, the court waives off its jurisdiction. After the court
waives off its jurisdiction the juvenile is being sent to the adult court and then the juvenile is
being tried in the same manner as the adults are being subjected to the process of trial. The
juvenile justice system of USA is quite rigid in nature as it had not undergone changes with
time even after having a long history. Therefore it can be evident to say that the system of

17
Indian Jail Committee, Report of 1919
18
Supra note 12
juvenile justice of India and USA has its own merits and loopholes which make the systems
comparable in nature. There are various conventions and acts which make the juvenile justice
system develop to a great extent. It had given various rights and privileges to the juveniles
who had made the society and the system governing the working of the juveniles.

7. Legal Implications and Conventions

There have been various conventions and acts being passed in order to govern the system of
justice for the juveniles and further develop the system governing the juvenile justice in
India. The juvenile justice Act of 1986 and the United Nations Convention on the rights of
child are considered to be the legislation which had developed the juvenile justice system of
the country to a great extent. It had ultimately benefitted the rights of the child and paved new
ways for the system governing the juveniles to a great extent.

7.1 United Nations Convention on the rights of the Child

19
This convention was being adopted on 20 Nov 1989 and this convention was being signed
by 25 out of 44 nations had ratified this convention. The main objective of this convention is
that every child is entitled to special care and assistance since childhood marks the beginning
of new developments in the country and therefore every child is entitled to special care and
assistance since childhood. Considering the law of India, the spirit of dignity, peace, freedom
and equality was being considered as the necessary ingredients in order to claim the real
development of the child as an individual. This convention had proved to be a boon for
governing the juvenile justice system of the country

7.2 The juvenile justice Act - 1986

The juvenile justice act 1986 was being framed after the coming up of the Minimum Standard
Rules (Beijing Rules). It was being passed with the objective of making the juvenile justice
system operate in conformity with these rules and ensured the operation of an effective
juvenile justice system which provides for the administration of justice to the juveniles. This
act had an edge over from the other acts as this act had defined neglected children in an
effective way. This act had suggested that the rehabilitation centres must be established in
every district in order to provide care and protection to the juveniles. The definition of
neglected children in this act had included children found begging and being subjected to less

19
Retrieved From, “www.ohchr.org/en/professionalinterest/pages/crc.aspx”
care by the families and the inclusion of the neglected children in the act had made the act an
effective measure to govern the juvenile justice system. This act had some loopholes which
ultimately made the juvenile justice system suffer to a great extent and there were
amendments being carried out.20

7.3 The Juvenile Justice (Care and Protection of Children) Act, 2015

In order to get away with the loopholes of the juvenile justice Act 1986 a recent amendment
was being carried out in the year 2015 in order strengthen the system governing the juvenile
justice system of the country a detailed account of the juvenile justice Act 1986 will make the
juvenile justice system more clear in nature.

The Juvenile Justice Act 2015 was being passed on 22 December 2015. The Act defined a
juvenile as a child who has not attained 18 years of age and as per the law. There was a need
to pass a new law for governing justice to the juveniles as the Juvenile Justice Act 2000 had
suffered from various procedural and other issues which had made the need to pass a new law
concerning the justice to the juveniles. There was a need to pass a new law for governing the
juvenile as the crime rate India kept on increasing when the old law was in force. 21According
to the NCRB report the percentage of crime committed by the juveniles and the juvenile
accused of committing a crime had increased from 54 percent in 2003 to 56 percent in 2013.
Therefore in order to develop a new law there was a need that the loopholes of the old law are
being got away with. The 2015 juvenile justice act is different from the juvenile justice care
and protection of children Act 2000 as where the juvenile justice care and protection of
children Act 2002 lays down the framework for providing care and protection to the children
in conflict with law the 2015 act lays down the procedure for giving care and protection to
the children in conflict with the law. The 2015 Act also lays down two bodies for governing
the protection of children in conflict with the law. It suggests that there should be juvenile
justice boards and child welfare committee being established in every district to govern the
protection and care of children in conflict with the law. It also lays down the procedure
regarding adoption whereas the 2002 does not contain any such provision. Under this act it
has been stated that the children between 16 to 18 years of age may be treated as an adult
person subject to the mental capacity of the child.22

20
Retrieved from, “shodhganga.inflibnet.ac.in/bitstream/10603/31588/8/08”
21
Supra note 21
22
Retrieved from, “www.prsindia.org”
 8. Conclusion and Suggestions

In the conclusion the author would like to conclude by saying that the juvenile justice system
of India and USA are quite similar to one another. Though they are similar in nature, still, the
nature and incidents of juvenile delinquency continues to be high in number even after
numerous laws being passed in order to govern the system of juvenile justice in India. The
Indian system of juvenile justice still suffers up from various loopholes and this makes the
system of governing justice to the juveniles in India not as effective as it should be. Therefore
there is an urgent need of stricter implementation of laws concerning the juvenile justice
system in India. There should be more juvenile welfare boards and child welfare committees
being established in every district in order to govern the juvenile justice system of India.
Other than that there should be a body established to ensure effective working of the juvenile
boards in every district and the effective working of the juvenile justice committee should be
ensured so that, the rate of crime among the juveniles reduces in India and USA and a speedy
justice is granted to the convicted juveniles and it should be ensured that there are bodies
being established to ensure that the juveniles are being provided with reasonable justice and
there is no delay in granting justice to the juveniles. Justice should prevail in the present
society.