INTERPRETATION AND IMPLENTATION OF JUVENILE JUSTICE SYSTEM IN INDIA

ABSTRACT

Since the starting, common law emphasized on one thing and one thing only. ‘The Protection of Children’. Children are considered as the roots of any country, the foundations on which the country will exist in future. When the foundations of future are disrupted, the country cannot have a smooth and happy growth. Courts have emphasized enough on the protection of children in all aspects. The interpretation recently made of the Constitutional law “RIGHT TO LIFE” for children also includes parks and playing space for children in the developing states. Thus, continuously the courts have pointed out the importance for the protection for the children or we can say the future of the country. In a recent case, Justice Vivek Aggarwal also pointed out that ‘it is not what you earn from a country having a position but, it is what you leave behind for your upcoming generations.”

Thus, this clearly establishes that how much importance juveniles are to the country and for its better future.

1Juvenile Justice is not new in the Indian scenario; rather it dates back to British rule in India. The punishment for non – performance of certain task given by the British army was not given to children working in the fields but rather to the supervisor or manager being a major person mandatorily.

Juvenile justice is the criminal law system where the criminal liability of the juvenile is decreased as it is considered that the juvenile is the one not having enough capacity to understand there circumstances or the situation in which he is acting. 2Thus there is a considerable need to keep a check on the juvenile justice system so that the crucial time of a juvenile’s life can be saved for a better future.

There needs a strict rules and regulation for advocating the needs of the juvenile. Thus, this research study examines the issues that need to be solved regarding the juvenile justice system in India. With the greater increase in crimes in India with regards to juveniles there is a urgent need for the development of a strong and the most competent juvenile system.

KEYWORDS: Juvenile, Justice, Reformation, Criminal, Future Prospects, Juvenile Delinquency.

1 The juvenile justice (care and protection of children) act, 2015- a critical analysis by ved kumari, Universal Law Publishing – An imprint of Lexis Nexis, Page no. 226-236, Published on 1st January 2017, 1st Edition

2 Ohio Juvenile Law handbook, Publisher- Lexis Nexis Page no. 126-148, Published on 12th September 2012, 10th Edition

INTRODUCTION

There are many factors to be considered while many an efficient juvenile justice system. The crimes that are committed by the juveniles are increasing at an immense rate. 3Youngsters those are below 16 years of age are manipulated fulfilling the needs of few people and thus juveniles are considered as puppets for commitment of crimes. Due to lacking in education, awareness and parental structure the juveniles are made to do such acts that are considered to be harmful for the future of the whole family. The fact at this age, the innocent minds can be easily manipulated and controlled for little to nothing. In furtherance to this, the economic conditions of the parents of the juveniles play the most important role in the same as no proper guidance and education is lacking.

Crimes committed by Juveniles are increasing in the urban states of India like Delhi, Mumbai, and Bangalore as the juveniles are molded as per the requirements of stealing, snatching or even killing sometimes. Thus, destroying the mental and spiritual health of the Juvenile.

4The juvenile justice act, 2015 has made a considerable change in the society with regards to the upliftment and protection of the innocent minds of the juvenile. Also, juvenile having no legal responsibility makes the culprit minds more mischievous and putting hands on their back and manipulating them into doing heinous crimes without coming in front of the legal system and hiding behind the innocent minds.

RESEARCH METHODOLOGY

This research is based primarily focusing on Juvenile justice system in India through secondary Sources like Research papers, journals, writings, handbooks and textbooks. This paper is of descriptive nature and gathers information through secondary sources.

RESEARCH OBJECTIVE

The objective of this research paper is critically analyzing the Juvenile justice system in India with reference to Juvenile justice act and along with Constitution of India, IPC and Crpc.

LITERATURE REVIEW

3 An insight into Indian Juvenile Justice System, Vaishali Rathore 2019, Publisher Notion Press, Page no. 28-44, Published on 17th December 2019.

4 Juvenile Justice Impact and Implementation in India by G S Bajpai

JUVENILE JUSTICE SYSTEM

JUVENILE JUSTICE SYSTEM is the branch of legal system that is epically designated to promote and safeguard the innocent minds off the adolescents charged with heinous crimes. 5It may be due to various hundreds of factors like neglecting parents, lacking economic decisions, loss of education.

There are specific laws for protection of juveniles in other countries stating the correct policies in each state amended with their state’s constitution. But in India, the juvenile protection is guided by the Article 15 of the Indian Constitution and all the policies are based on this chief principle only which guides for the protection and nurturing of innocent and gullible minds.

The major policy making for the juvenile justice is based only on the constitution of India with the help of the articles like right to life, right to education, right to life and personal liberty and right to dignity in the articles like article 14,15,16,21.

Juveniles now a day have been involved in the worst case possible like rapes and murder. It is important for proper code of protection for the juveniles. 6All citizens have a duty to protect the children and be responsible parent, help them in knowing what is right and what is wrong. Also, it is the responsibility of the state to ensure that all the children have the equal right to grow and have equal opportunity for education. As a result, the children would be full of dignity and mentally and emotionally strong. Thus, once emotionally and mentally strong, juveniles won’t involve in criminal behaviors.

JUVENILE JUSTICE ACT 2000

This was the first ever major development for the fostering, caring, nurturing, developing, treating and restoring of neglected and delinquent children. Juvenile justice act, 2000 replaced the 1986 act. It bought many changes and very strong machinery and infrastructure for the fostering of the neglected juvenile.

Many of the very important things were left behind in the 1986 act, but in the newly amended act a strong and comprehensive structure was created. This act crystallizes the welfare and protection features and clearly focuses on development and treatment of neglected children.

5 Sage publications Journal youth violence and Juvenile Justice (SAGE Publications, inc.) (1997)( James C. Howell)

6 Juvenile Justice in India- International journal of legal science and innovation-                                                                                        https://www.ijlsi.com/wp- content/uploads/Juvenile-Justice-in-India.pdf

7This act establishes a children welfare committee for the upliftment of children and fulfilling their basic needs of life. Also, this act protects delinquent children from bondage labor, imprisonment without cost, that the addresses of the juvenile will not get out and won’t be posted anywhere in the media. This act also criminalized the bondage Labor and using the profits of the children and it is an offence under this act.

Now, not only this but the basic foundation of the protection of children in India is based on the “INDIAN CONSTITUTION” as the basic 2 fold system was derived from the constitution of India only.

The constitution of India was the basic key of protection of children before establishing any kind of statute or legislation. Thus, it is considered the father of all the statutes as the basic personality of all the statutes are derived from the constitution itself.

COMPREHENSIVE ANALYSIS OF JUVENILE JUSTICE AND CONSTITUTION OF INDIA

8The constitution of India is the apex law of the land; no statute can overlap the functions of the Indian constitution. 9The basic personality of all the legislations is derived from the constitution. The law of the land clearly outlines the duties and responsibilities of the citizen to work towards the society and so that all citizens can live in a fear free environment and cohabitate together as a whole family.

Also, there are directive principles of state policy commonly known as DPSPs which support the state and also lets the state know how the betterment of the society is to be carried forward in the society for the smooth functioning.

  1. ARTICLE 21A this article of the Indian constitution mandates that the free education to be given to adolescents aging from 6 -14 which is obligatory by the state. Thus, when the juveniles are educated and well versed with the situations, the innocent minds cannot be manipulated in the society to commit heinous crimes.

7 Juvenile, not delinquent children in conflict with the law, Puneeta Roy, 2023

8      Pen      acclaims,      a      research      paper      by      Akshita       Khandelwal              http://www.penacclaims.com/wp- content/uploads/2020/07/Akshita-Khandelwal.pdf

9 Role of Juvenile Justice system in India, Lawstudy.com ( Adv. Pooja Gupta) https://lawsstudy.com/role-of-juvenile- justice-system/

  • ARTICLE 24 this article plays the most important role in the protection of children and can be considered as the base for all major labour law and child rights protection. This article establishes that no child to be employed in hazardous duties.
  • ARTICLE 47 – this article is a dynamic article, which is considered a landmark article in constitution law. This article establishes that there should be a decent standard of living and good and fair nutrition prevailing all over the country.
  • ARTICLE 39 – This article establishes that there shall be no human trafficking and forced labour.

10Thus, when the law framers were making drafts for the new “JUVENILE ACT OF 2015’ the Indian Constitution played the most crucial role in protection of the juveniles and was sufficient itself to widen the aspects of life when compared to the life of neglected child/ juvenile.

Not only has the Constitution of India provided safeguarding features. But, the protection of children was emphasized in all aspects of common legal system. It is included in labour laws, Indian penal code, and criminal procedure code. There is rarely any criminal legal statute where the basic status of protection of juvenile are not listed independently.

Now the author will compare the juvenile justice act with the prevailing acts of Indian penal code and Cr.P.C

JUVENILE JUSTICE VIS-A-VIS IPC & Cr.P.C

The IPC came in force on 1st may 1861. IPC covered both the adult offences and the juvenile offences. While covering the offences done by juveniles and adult with also provided very crucial safeguards.

11The section 82 of the INDIAN PENAL CODE, 1861 which clearly makes clear “THAT NOTHING COMMITTED BY A KID UNDER THE AGE OF SEVEN IS CONSIDERED TYO BE A CRIME”

and section 83 of the act states that “NOTHING COMMITTED BY A KID OVER THE AGE OF SEVEN YEARS BUT BELOW THE AGE OF 12” is considered as an offence only when the court considers that the basic conditions are fulfilled. These conditions are based on the mental, physical, psychological development of the juvenile and the circumstances ion the proceedings of the suit.

10 Blind Alley- Juvenile Justice, a myth?

11 Maliks law of Juvenile justice in India covering model rules of 2016 and allied acts

Also, it is important to know that the conditions are also based on the mental condition of the juvenile and the mental development. Whether he is able to know the seriousness of the circumstances of the case or he understands what he did and how he did it.

12Thus, their capability to understand the situation and understand the proceedings of the case. If the juvenile has a mental capacity to do so, then would be ever chantingly treated as a major. But, this is a rare case and the conditions are applicable when the court is not able to dispense justice timely and the opposite party is exploiting the chance for justice delivery.

There are many other provisions in the IPC regarding kidnapping and abduction when unlawfully a minor/ juvenile are made to stay away from the parents and guardian without their permission and not for the welfare. Thus, this amounts to “ABDUCTION”

Section 437 is also considered as a major part of protection for juvenile. Whenever a juvenile has been bucked for a contravention of law, the juvenile is allowed to get an “anticipatory bail”. This is a special provision which is not available to adults. It is done So that the mental health of the child can be protected and he has the safeguard against the torture of the police and other state authorities.

EVALUATIVE EXAMINATION OF THE ADOPTION OF JUVENILE JUSTICE ACT, 2015

THIS ACT WAS ONE OF THE MAJOR DEVELOPMENTS IN PROTECTION OF JUVENILES

IN THE COUNTRY. It has been emphasized again and again in many judgment and other pronouncements that the protection of juveniles is a must. The juveniles are not allowed to be kept in the same jails and prisons where is adult criminals and gangsters are kept. At the dawn of the era, the juveniles accused of committing murders and other heinous crimes were kept with the other adult criminal that further depleted the mental and physical health to the juveniles and they were forever debarred from future prospects.

13The juvenile act of 2000 was evidently revealed by the juvenile justice act 2015. The new act focus on reformation mostly and giving the system a strong welfare committee also a strong infra for progress. Also, the “JUVENILE JUSTICE (CARE AND PROTECTION)” PROVIDES that there shall mandatorily be a juvenile friendly adjudication of suit and not juvenile can be mentally and physically tortured.

12 School of legal education- Juvenile justice in India, e-book (school of legal education) page no. 109-118( Adv. Surbhi Aggarwal) (31st October, 2017) (Classic edition)

13 Rethinking of Juvenile justice System in India- Prof. Dr.Aditya Tomer

THE CRITICAL ANALYSIS OF THE PRESENT SYSTEM OF JUVENILE JUSTICE

The present system of juvenile justice is very sort after system. Any crime committed by the child who is under the age of 16 years exclusively, the case is mandatorily sent to the juvenile justice board and cannot be tried in the regular court of law. 14The petty offences done by the juveniles under the age of 16-18 years are felt by the “JUVENILE JUSTICE ACT 2015”. The cases that are handled by the JJB are the exclusive cases which are committed by the juveniles under the age of 16 years. The JJB has the most respectable experts in the legal system and their job is to get to know the mental state of mind and the mental development of the juvenile.

The experts’ opinion is given a lot of weightage inside the court and for outside adjudication also. Accordingly, the experts conduct child friendly yet intense examinations for knowing the mental capacity and the mental state of the juvenile.

According to the opinion of the expert, when the experts’ opinion is taken in consideration, the boards decide to treat the kid “as a child” will transfer the case exclusively to the special courts made under “the children’s protection act 2005”. 15 These are the special exclusive courts with the greater knowledge and apprehension of the mental state and physical torture for juvenile and all aspects of life are considered. Also, the cases are conducted in a juvenile friendly manner and are not harassed thereafter.

16When a child is received, it is at the discretion of the court to treat the kid as a child or as an adult. If the court intends to treat the kid as a child, then there would be no cross examination of the child, no force would be deployed on the child, no harassment can be done to with the kid. If the court thinks that the kid is capable enough to understand the situation fully and the circumstances as well as the consequences are quite clear to the kid, the court will treat the kid as an ADULT. Thus, the case would be tried as an adult; no more advantage would be given to the juvenile with regards to safeguarding as child. Still in these cases, the court will never be harsh to a minor and will always be safeguarding the roots of the country. Thus, will be separate from other criminals and other adult gangsters. They would be kept in a juvenile centre where reformation, rehabilitation can be done of the juvenile. Thus, the society would be involved in bettering the future of the child.

14 Children Crime in India- Causes, Narratives and interventions

15 The Path of Juvenile justice system in India- an essay Examination

16 Worldwide Journals Juvenile justice system, a critical analysis https://www.ijlsi.com/wp-content/uploads/A-Critical- Analysis-Juxtaposing-the-Juvenile-Justice-Systems-in-the-United-Kingdom-India-and-the-United-States-of- America.pdf

Even if the court is at the opinion that kid shall be not treated as a child, the law with all the drawbacks will always treat the minor differently and will go to any extent for the protection of the juveniles.

The word “REFORMATION” has been added after the amendment of 2015. 17This is the one of the most vital aspects of the act as reformation means that the juvenile is given a chance to reform himself regardless of having no education, financially lacking or neglected by parents. It seeks the support of the government to be reformed and transformed into a better human being and thus can contribute economically to the society in future.

One of the recent developments is with regards to the process of “rehabilitation” where the juvenile commits a crime and is always neglected by parents. The juvenile after the court proceedings are taken away from the parents for sometime lawfully with consent of the parents are is rehabilitated to a new home out a shelter where the more than basic needs are fulfilled like healthy meals and basic education and medical care is given.

CONCLUSION AND SUGGESTION

There are a lot of authorities working for children welfare but there is not coordination of operations between them. Due to this, anyhow the mental health of the child involved is disrupted. Also, the laws are also known much strengthened proportionately. There is a child right committee, child welfare committee, child rehabilitation and reformative committee and authority but, due to the lack of proper synergy and cooperation the enacted statutes are considered in vein.

We at the time have developed a lot of great statutes which covers plenty of problems relating to the child rights, juvenile justice, and protection of children from sexual offences. But, the fact that they are not implemented properly is the most crucial disadvantage for Indian Judicial system. The acts are refined to the extent they can be, but the full advantage are not taken by the authorities because of state, centre or judicial restrictions and implementations.

The judiciary has played an immense important role in the upliftment child right and child protection. Various judgments have been given and various Lordships are in support of the same. The legal system considers the Juveniles are the roots and now after various favorable judgments as the Backbone of the country. Thus, rightly said the Justice Vivek Aggarwal that “it is what lesson you leave behind for your generations”

It is not bad to say that the judgments of the lordships has provide immense base to the law makers and judicial interpreters to make the legislation based to the Lordship’s judgment. No one can deny

17 Efficacy of Juvenile justice system in India- An analytical Approach https://ssrn.com/abstract=4403687

that laws in India are a living document now days as it changes day to day with accordance to the needs of the society.

In the 186th law commission report, it has been clearly states that judicial precedents play an important role in dignifying the needs of the statutes. Therefore, the weightage of the judgments or orders or decrees passed by the Hon’ble court of law plays an important role in law making process. Thus, it is also a basic principle of Law of Interpretation that no statute can be disposed, rather can be used for a good out of it.

“Injustice anywhere is a threat to justice everywhere”-Martin Luther King Jr.

Name: – Nandini Agarwal College: – Amity Law School, Noida

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