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Critical analysis of Juvenile justice cases 

Publications, Research paper

Research paper by 

Deepika Tumram 

deepikatumram517@gmail.com 

BALLB 2nd year

 Govt. New Law college Indore 

Madhya Pradesh 

With the internship at 

AMIKUS QRIAE 

2024

Abstract 

The Indian juvenile justice system has undergone significant transformations since the enactment of the Juvenile Justice (Care and Protection of Children) Act, 2015. Despite these efforts, the system continues to grapple with numerous challenges.

 This abstract examines the prevailing issues in juvenile justice cases in India.India has witnessed a steady rise in juvenile delinquency, with a significant proportion of cases involving heinous crimes. The existing infrastructure and resources are inadequate to address the complex needs of juvenile offenders. Furthermore, the system often fails to distinguish between children in need of care and protection and those in conflict with the law.

This  need for a comprehensive overhaul of the juvenile justice system in India, incorporating specialized infrastructure, trained personnel, and rehabilitative programs to ensure the holistic development of juvenile offenders.The Indian juvenile justice system aims to provide care, protection, and rehabilitation to children in conflict with the law. Despite efforts, the system faces challenges, including inadequate infrastructure, delays, and lack of rehabilitation programs.

The Juvenile Justice (Care and Protection of Children) Act, 2015 reduced the age of juveniles from 18 to 16 years for heinous offenses and allows for trial as adults. Critics argue that this move is arbitrary and not based on scientific evidence.To improve the system, it is recommended to increase investment in infrastructure and resources, enhance rehabilitation and reintegration programs, reduce stigmatization, and review and revise the Act. Effective implementation of these measures can help ensure that children in conflict with the law receive the care, protection, and rehabilitation they need.

Key words:  Juvenile, care and protection, delinquency, justice system, non-adults , heinous crime, minor.

Introduction 

Juvenile justice refer to the criminal activity, policy and system of law  committed by person under age of 18. The term Juvenile deliquency describe anti-social behaviour committed by non adults. Statutes offences such as drinking, smoking skiping School , using vulgar language, committing sexual offences and breaking curfew are simply levels applied to children by parents and the jewel judicial system but any child under the age of 7 cannot be found will be of a crime in Indian law.

“Doli incapax” is a Latin phrase that means “incapable of evil” or “incapable of forming the intent to commit a crime.”It is a legal doctrine that presumes that children below a certain age are incapable of forming the necessary intent to commit a crime.Several factors may be responsible for such deviation for social factor, family issues ,mental health issues,biological factor ,environmental factors etc.

The juvenile justice system has developed formal labels for trouble non-adults defending on the jurisdiction. This include YINS (youth in need of supervision),MINS(minor in need of supervision),CINS (child in need of supervision) and PINS(person in need of supervision). Juvenile justice act of 2015 type of fences without sufficient reasoning. 

Delinquent offences are transgressions of the law that fall within the jurisdiction of crying husband adult crime as well as murder,rape, assualt , harrasment and property crime such as burglary,theft,property damage, vandalism and criminal mischief.

One of the critical aspects of juvenile justice cases in India is the determination of the age of the accused. The Supreme Court has held that the date of occurrence of the crime is the criteria to determine the age of juvenility, rather than the date of production in court.

The impact of juvenile justice cases can be seen in various aspects, including:

Rehabilitation and Reintegration: The primary objective of the Juvenile Justice Act is to provide rehabilitative and restorative mechanisms to juveniles, helping them reintegrate into society.

Deterrence: Juvenile justice cases can serve as a deterrent to potential offenders, especially in cases where the accused is sentenced to a juvenile correctional facility.

Social Stigma: Unfortunately, juvenile justice cases can also lead to social stigma, affecting the child’s self-esteem and mental health.

Historical background 

In 1986 Supreme Court in ‘Sheela vs union of India’ ordered that delinquency system suitable for juvenile offenders should be enforced on all States and such enforcement had to be reported back to the court.

In the same year parliament passed Juvenile justice act 1986: The Juvenile Justice Act, 1986 was a landmark legislation in India that aimed to provide for the care and rehabilitation of children . Here are some key features of the Act:

I. Establishment: The Act established Juvenile Justice Boards in each district to deal with cases involving delinquent juveniles.

II. Composition: The Board consisted of a Metropolitan Magistrate or a Judicial Magistrate, a social worker, and a representative of the police.

III. Dispositional Orders

1. Care and protection: The Board could order the juvenile to be placed in a children’s home or a special home.

2. Fine or imprisonment: In certain cases, the Board could impose a fine or sentence the juvenile to imprisonment.

IV. Institutions : The Act provided for the establishment of children’s homes, special and observation homes for the care and protection of juveniles.

The Juvenile Justice Act, 1986 was a significant step towards providing care, protection, and rehabilitation to children in conflict with the law in India. 

Juvenile justice (care and protection of children) act 2000 :The Juvenile Justice (Care and Protection of Children) Act, 2000 was a comprehensive legislation in India that aimed to provide care and protection as well as rehabilitation to children in conflict with the law. Here are some key features of the Act:

I. Definitions- Child in Need of Care and Protection: A child who is without parental care or has been abandoned or neglected.

II. Procedures-

1. Apprehension: A child in conflict with the law can be apprehended by a police officer or a member of the public.

2. Production before the Board: The apprehended child is to be produced before the Juvenile Justice Board within 24 hours.

3. Inquiry: The Board is to conduct an inquiry into the case and determine whether the child is in conflict with the law.

III.Dispositional Orders-

1. Care and protection: The Board can order the child to be placed in a children’s home or a special home.

2. Probation: The Board can place the child on probation, subject to certain conditions.

3. Fine or imprisonment: In certain cases, the Board can impose a fine or sentence the child to imprisonment.

IV. Institutions+Observation homes: The Act provides for the establishment of observation homes for the temporary reception of children.

V. Rehabilitation and Reintegration

1. Rehabilitation programs: The Act provides for the establishment of rehabilitation programs for children in conflict with the law.

2. Reintegration into society: The Act aims to reintegrate children in conflict with the law into society through various programs and services.

Ministry of women and child development by menka Gandhi moved juvenile justice bill 2015 : The Ministry of Women and Child Development indeed moved on the Juvenile Justice Bill in 2015. The bill was introduced in the Lok Sabha on August 12, 2014, by Maneka Gandhi, the Minister of Women and Child Development.¹

 It allowed for juveniles in conflict with the law, aged between 16-18, who committed heinous offenses, to be tried as adults. The Act also aimed to create a universally accessible adoption law for India.

The bill was passed by the Rajya Sabha on December 22, 2015 and came into force on January 15, 2016.An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto.

Juvenile justice act 2015 : The Act repeals the Juvenile Justice (Care and Protection of Children) Act, 2000, and provides a more robust framework for dealing with juvenile justice cases.

Key features of the act –

1. Definition of Child: The Act defines a child as a person who has not completed 18 years of age.

2. Juvenile Justice Boards: The Act establishes Juvenile Justice Boards in each district to deal with cases involving children in conflict with the law.

3. Child Welfare Committees: The Act establishes Child Welfare Committees to deal with cases involving children in need of care and protection.

4. Rehabilitation and Reintegration: The Act emphasizes the importance of rehabilitation and reintegration of children in conflict with the law.

5. Heinous Offenses: The Act provides for the trial of children aged 16-18 years as adults for heinous offenses, such as murder, rape, and acid attacks.

Important Provisions of the Act –

1. Section 2(12): Defines a child as a person who has not completed 18 years of age.

2. Section 3: Establishes the principles of juvenile justice, including the best interests of the child and the principle of non-stigmatization.

3. Section 4: Establishes Juvenile Justice Boards in each district.

4. Section 5: Establishes Child Welfare Committees in each district.

5. Section 15: Provides for the rehabilitation and reintegration of children in conflict with the law.

Analysis of the Act-

1. Positive Provisions: The Act provides for the establishment of Juvenile Justice Boards and Child Welfare Committees, which can help to ensure that children in conflict with the law receive fair and timely justice.

2. Concerns: The Act has been criticized for providing for the trial of children aged 16-18 years as adults for heinous offenses, which can lead to harsh punishment and stigmatization.

The Juvenile Justice (Care and Protection of Children) Act, 2015 is a significant legislation that aims to provide care, protection, and rehabilitation to children in conflict with the law. While the Act has several positive provisions, it also raises concerns and faces challenges in implementation.

Case analysis-

Nirbhaya case 2012: The Nirbhaya case highlights the complexities of juvenile delinquency in India. The juvenile accused, who was 17 years old at the time of the incident, was convicted of rape and murder and sentenced to three years in a reform facility.

Key Issues Related to Juvenile Delinquency in the Nirbhaya Case

1.Age of Criminal Responsibility: The case raised questions about the age of criminal responsibility in India. While the juvenile accused was 17 years old at the time of the incident, the Indian law considers anyone below 18 years as a juvenile.

2.Severity of the Crime: : The brutality and severity of the crime committed by the juvenile accused raised questions about whether the existing juvenile justice system is equipped to deal with such cases.

3.Rehabilitation and Reintegration: The case highlighted the need for effective rehabilitation and reintegration programs for juvenile offenders. The juvenile accused was sentenced to three years in a reform facility, but there were concerns about the quality of care and rehabilitation provided in such facilities.

4.Amendments to the Juvenile Justice Act:  The Nirbhaya case led to amendments to the Juvenile Justice Act, including the introduction of stricter punishments for juvenile offenders in certain cases.

5. Improved Rehabilitation Programs:There is a need for improved rehabilitation programs for juvenile offenders, including counseling, education, and vocational training.

6.Increased Accountability: There is a need for increased accountability in the juvenile justice system, including stricter punishments for juvenile offenders in certain cases.

Porshe Car accident case 2024 : The Porsche car accident case in 2024 involved a 17-year-old minor who was driving a Porsche car that crashed into a motorcycle, killing two people in Pune’s Kalyani Nagar area. The minor was allegedly driving under the influence of alcohol.

Key issues related to this case 

1. Role of Juvenile justice board :The Juvenile Justice Board (JJB) initially granted bail to the minor with conditions such as writing an essay on road safety. However, due to public outcry and the severity of the crime, the JJB later canceled the bail and remanded the minor to the Children Observation Centre in Pune.

2.legal provision: The minor was charged with various sections of the Penal Code, 1860, including Section 279, 304-A, 337, and certain other provisions of the Motor Vehicles Act, 1988.

3.Complexities :The case highlights the complexities of juvenile justice in India, particularly in cases involving heinous offenses.

Research Methodology –

1. Leniency of the Sentence: Many critics argued that the three-year sentence given to the juvenile accused was too lenient, given the severity of the crime.

2. Lack of Accountability: Some critics argued that the juvenile justice system failed to hold the juvenile accused accountable for his actions, and that the sentence did not reflect the gravity of the crime.

3. Inadequate Rehabilitation Programs: There were concerns about the adequacy of rehabilitation programs for juvenile offenders in India, and whether such programs are effective in preventing recidivism.

Hypothesis- – If we take a serious look in the Juvenile behaviour we will come to know that he was fully aware of that what he was doing in it seems that he was enough mature to know the consequences of his acts .In such circumstances convicting  him only for 3 years was not at all feasible..

The Act faces challenges in implementation, including inadequate infrastructure, lack of trained personnel, and limited resources.

The question raised that lowering down the age of Juvenile who committee crime form 18 to 16 will really help to prevent heinous crime committed by juvenile ?

Result and discussion:

According to recent data, in 2024, India saw 37,780 juveniles apprehended, with a reported upward trend in juvenile crime rates, indicating a significant number of juvenile justice cases in the country.

Here’s a result and discussion on juvenile justice cases analysis:

Results

1. Increased awarenes: The analysis of juvenile justice cases highlights the need for increased awareness about the rights and protections afforded to children in conflict with the law.

2. Gaps in the system: The study reveals gaps in the juvenile justice system, including inadequate infrastructure, lack of trained personnel, and limited access to rehabilitation programs.

Suggestion: The analysis emphasizes the need for rehabilitation programs that focus on the reintegration of juvenile offenders into society.

Discussion

1. Balancing punishment and rehabilitation: The analysis highlights the need to balance punishment and rehabilitation in juvenile justice cases. While punishment is necessary to hold offenders accountable, rehabilitation programs are essential to prevent recidivism and promote reintegration into society.

2. Addressing systemic issues: The study emphasizes the need to address systemic issues, such as poverty, lack of education, and social inequality, that contribute to juvenile delinquency.

Literature review-

1. Strengthening the juvenile justice system: Strengthening the juvenile justice system by providing adequate infrastructure, trained personnel, and access to rehabilitation programs.

2. Increasing awareness and education: Increasing awareness and education about juvenile justice issues, including the rights and protections afforded to children in conflict with the law.

3. Promoting rehabilitation and reintegration: Promoting rehabilitation and reintegration programs that focus on the reintegration of juvenile offenders into society.

4. Addressing systemic issues: Addressing systemic issues, such as poverty, lack of education, and social inequality, that contribute to juvenile delinquency.

Conclusion –

India has witnessed a steady rise in juvenile delinquency, with a significant proportion of cases involving heinous crimes. The existing infrastructure and resources are inadequate to address the complex needs of juvenile offenders. Furthermore, the system often fails to distinguish between children in need of care and protection and those in conflict with the law.The highest number of crimes committed by minors was reported by Maharashtra with 4,406 cases, followed by Madhya Pradesh with 3,795 cases and Rajasthan with 3,063 cases. In conclusion, rate of such crime has gone up to 42% in Delhi; 12% in Maharashtra and 13% in Madhya Pradesh.

Today we can overcome the shortcomings of juvenile justice act by Creating rehabilitation programs that focus on education, vocational training, and counseling. Encouraging community-based rehabilitation programs that involve families and communities in the rehabilitation process.

Reference:

Acknowledgment 

I would like to express my sincere gratitude to the my teachers ,family and friends for their invaluable support and contributions to this research paper on ‘the critical analysis of juvenile justice cases’

The AMIKUS QRIAE for providing access to resources, data, and expertise that greatly enhanced the quality of this research.

My supervisor and my father Mr. Dheera Singh Tumram for providing guidance, expertise, and encouragement throughout the research process.

I explore this topic  including juvenile justice officials, policymakers, and stakeholders, for sharing their insights, experiences, and perspectives on juvenile justice issues.

Lastly, I would like to express my gratitude to my family and friends for their unwavering support, encouragement, and patience throughout the research process.This research paper would not have been possible without the contributions and support of these individuals and organizations. I am grateful for their assistance and acknowledge their role in the completion of this research paper.

Thank you