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THE JUVENILE JUSTICE SYSTEM IN INDIA: HOW FAR HAVE WE COME?

Publications, Research paper

Abstract

Children are also known as the heartbeat of a nation and the architects of the country’s future. Therefore, when children come in conflict with the law, it becomes the duty of the law and society to bring them back on the righteous path and lead them to brighter horizons. The term ‘Juvenile Delinquency’ originates from two Latin words ‘Juvenis’ which means young and ‘Delinquere’ meaning to leave or abandon. Juvenile delinquency means a range of anti-social behaviours of individuals who are legally defined as minors, typically those under the age of eighteen, and who violate the laws or societal norms of a given community or jurisdiction. These acts would otherwise be considered crimes if the individuals committing them were older. In India, according to the Juvenile Justice (Care and Protection) Act 2015, a ‘juvenile’ is defined as a person under the age of eighteen. The juvenile justice system in India serves two main purposes: ensuring the welfare, safeguarding, and rehabilitation of children, and adhering to constitutional provisions that guarantee every child’s right to education and protection from child labour. Additionally, it outlines procedures for addressing juveniles accused of committing serious crimes. The second aspect came to light after the 2012 Delhi gang rape wherein one of the culprits was a juvenile. This paper delves into navigating the multifaceted nature of the Indian Juvenile System.

Keywords

Juvenile, Juvenile Delinquency, Juvenile Justice System, Heinous Crime, Children’s Rights, Juvenile Justice Board.

Introduction

Children are the cornerstone of our nation’s future, and it is our collective responsibility to ensure they grow up in a safe environment. However, in the last decade, there has been a notable rise in juvenile crime rates in developing countries such as India. Juvenile delinquency poses a significant challenge to the Indian judicial system. The term ‘Juvenile Delinquency’ originates from Latin roots: ‘Juvenis,’ meaning young, and ‘Delinquere,’ meaning to fail or neglect. It is also synonymous with juvenile offending. It is the act of engaging in unlawful behaviour as a minor. There are various factors responsible for which

the juveniles end up committing crimes. The factors include violence at home, poor parenting, lack of guidance or supervision, defective socialization, peer pressure, substance abuse and one of the most common and direct factors being poverty. The children who become victims to these factors end up committing trivial as well as heinous crimes which surpass their tag of just being a juvenile. Therefore, it becomes a matter of utmost importance to have a justice system that caters not only to providing justice to the victim but also rehabilitation of the culprit. The juvenile justice system in another area focuses on providing care and protection to children in need. Welfare agencies should assess their situations, and there should be mechanisms in place to ensure their constructive development. These children should be integrated into society so that through social interaction, they can assimilate into the morally responsible population. When it comes to delinquent juveniles, it is often emphasized that prevention is better than cure, and efforts should be made to steer them away from the wrong path. In India, the juvenile justice system is a specialized legal framework aimed at addressing offenses committed by minors, emphasizing rehabilitation and their reintegration into society rather than punitive measures. This approach is in line with the international definition of a “child” as anyone under eighteen years of age, as defined by the United Nations Convention on the Rights of the Child. The most current and significant legislation governing juvenile justice in India is the Juvenile Justice (Care and Protection of Children) Act, 2015. The development of juvenile justice legislation in India has undergone significant changes, notably influenced by the tragic 2012 Delhi gang rape case. Ultimately, the juvenile justice system in India aims to achieve two main goals: balancing concerns for public safety with opportunities for positive change, and facilitating the reintegration and rehabilitation of young offenders into society.

Research Methodology

This paper serves as an illustrative and descriptive exploration of various facets of the juvenile justice system, both in a general sense and specifically within the context of India. The research relies on secondary sources to examine the evolution of juvenile justice in India, utilizing sources such as newspapers, journals, and websites for information gathering.

Review of Literature

In the annals of history, at some point in the distant past, the profound words of Abraham Lincoln resonated, “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

Over time, nearly every state has established its own juvenile justice system, focusing on rehabilitation as the primary goal for youth offenders. States differ in the age criteria determining eligibility for juvenile court, with some setting it at under 16 or 17 years, while most choose under 18. Judges in almost every state have the authority to transfer juveniles to adult court for serious offenses.2

Juvenile justice standards and norms serve as the foundational principles for detaining, rehabilitating, and reintegrating juvenile violent extremist offenders (JVEOs). Children in conflict with the law are recognized as a distinct category in the criminal justice process due to their mental, intellectual, and physical immaturity. International standards prioritize rehabilitative measures and advocate for special care and protection for incarcerated children, acknowledging their particular vulnerabilities and the risks they face in custodial environments. These principles emphasize the separation of juveniles from adults in detention and stress that incarceration should be a last resort, among other considerations.3

The Juvenile Justice System in India

The juvenile justice system in India has gone through a robust process of evolution from a reformatory approach in the pre-independence era to the more considerate and comprehensive system of modern times. Earlier where the focus was on mere punishment, it has drifted towards a reformatory and progressive approach which provides for the reintegration of the juvenile offender after rehabilitation. Like any other legal framework, the legislation catering to juvenile justice in India has also gone under changes, amendments and updates.

Children in Conflict with Law

According to UNICEF, the term ‘children in conflict with the law’ refers to individuals under 18 years old who have encountered the justice system due to committing or being suspected

1 WROBLESKI.M. HENRY, AN INTRODUCTION TO LAW ENFORCEMENT AND CRIMINAL JUSTICE, THOMSON LEARNING 540-541 (Wadsworth 2000).

2 Mistrett, Marcy, Mariana Espinoza, Youth in Adult Courts, Jails, and Prisons. The Sentencing Project, JSTOR (June 12, 2024, 9:29 PM), http://www.jstor.org/stable/resrep40615.

3 Lefas, Melissa, Junko Nozawa., Rehabilitating Juvenile Violent Extremist Offenders in Detention Advancing a Juvenile Justice Approach. Global Centre on Cooperative Security, JSTOR (June 12, 2024, 10:20 PM), http://www.jstor.org/stable/resrep20392 .

of committing a crime. Many of these children are involved in minor offenses like vagrancy, truancy, begging, or alcohol use. However, others have been implicated in more serious crimes such as murder or sexual assault. Some children are coerced into criminal activities by adults who exploit their belief that minors will receive lighter penalties.4

A child in conflict with the law is legally defined as someone who is accused or found guilty of an offense and is below 18 years old at the time the offense was committed.5

The roadmap of Indian Juvenile Justice System
  • To comprehend the current state of juvenile justice in India, it is crucial to familiarize ourselves with its historical evolution.
  • In the pre-independence era, reformatory schools were established for juvenile offenders under the Reformatory Schools Act of 1897, marking one of India’s earliest laws addressing children in conflict with the law. Emphasizing rehabilitation over punishment, this Act diverted juvenile offenders to reformatory schools rather than adult jails.
  • Following independence, the Children Act of 1960 was enacted, representing a significant advancement for the juvenile justice system by mandating the establishment of juvenile courts and specialized homes. This legislation aimed to ensure the care, protection, and rehabilitation of juveniles in conflict with the law.
  • A pivotal moment in Indian legislation came with the Juvenile Justice Act of 1986, the country’s first comprehensive law dedicated to juvenile justice. According to this Act, a juvenile was defined as a boy under the age of 16 years and a girl under the age of 18 years. This act was replaced by the Juvenile Justice (Care and Protection of Children) Act, 2000. It aligned the Indian juvenile lines with the United Nations Convention on the Rights of the Child (UNCRC), the convention was ratified by India in 1992. This act formulated the scope of juvenile justice in two folds, firstly the children in need of care and protection and the other for juveniles in conflict with law. This act also made the age of juveniles 18 irrespective of the gender of the child. the Juvenile Justice (Care and Protection of Children) Act went under numerous amendments. It was amended in 2006 to include provisions for setting up Juvenile

4 CHILDLINE INDIA, https://childlineindia.org/a/issues/conflict-with-law (last visited June 14, 2024).

5 Juvenile Justice (Care and Protection of Children) Act, 2015, § 2(13), No. 2, Acts of Parliament, 2015 (India).

Justice Boards (JJBs) and Child Welfare Committees (CWCs) in every district. Following the public outcry after the 2012 Delhi gang rape case, which shook the entire nation involved a juvenile offender. Following this mishappening, the act was comprehensively revised in 2015. This act introduced a more nuanced approach by allowing juvenile offenders of the age group 16 to 18 who have committed heinous crimes to be tried as adults under certain circumstances. This is the active legislation about the juvenile justice system in India.

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

The enactment of the Juvenile Justice (Care and Protection of Children) Act, 2015, sparked extensive debate and controversy, especially concerning its provision allowing juveniles aged 16-18 to be tried as adults for serious crimes. This legislative step, despite facing opposition, was driven by public outrage following the infamous Nirbhaya Case, which also called for stricter punishment. An analysis of the Act’s amendments highlights several significant changes:

Initially, the extension of the preliminary assessment period for juvenile offenders from one month to three months underscores the importance of a comprehensive evaluation process.

Secondly, clarifying that the preliminary assessment aims to gauge the juvenile’s capacity to commit the alleged offense, rather than serving as a trial, demonstrates the Act’s nuanced approach.

Thirdly, the establishment of a Juvenile Justice Board, comprising professionals such as psychologists and sociologists, tasked with deciding whether juveniles aged 16-18 should be tried as adults, reflects a multidisciplinary approach to juvenile justice.

Moreover, the inclusion of a clause emphasizing a fair trial that considers the special needs of the child and ensures a child-friendly atmosphere during legal proceedings underscores the Act’s commitment to justice and rehabilitation principles.

Lastly, guaranteeing that juveniles convicted under the Act do not face any disqualifications due to their conviction underscores the Act’s focus on rehabilitating and reintegrating young offenders into society. 6

6 Juvenile Justice (Care and Protection of Children) Act, 2015, No. 2, Acts of Parliament, 2015 (India).

Composition of the Adjudicating Bodies

There are two main adjudicating bodies that govern juvenile justice under this act, namely the Child Welfare Committee (CWC) and the Juvenile Justice Board (JJB).

  • Child Welfare Committee (CWC)

The Child Welfare Committee (CWC), as outlined in Section 27 of the Act, is mandated by each state government to establish one or more committees per district through official notification in the Gazette. These committees operate to protect and care for children in need under the Act. Members of the CWC undergo mandatory training within two months of notification to sensitively handle matters concerning juveniles. The committee comprises a chairperson and four members, with at least one being a woman and another an expert in child-related issues.

  • Juvenile Justice Board (JJB)

Similarly, the Juvenile Justice Board (JJB), detailed in Section 4 of the Act, is established by state governments to handle cases of children in conflict with the law. Each district hosts one or more JJBs composed of a Metropolitan Magistrate or Judicial Magistrate of first class and two appointed social workers. The selection of social workers follows procedures outlined in the Act, ensuring diverse expertise and perspectives. It is mandatory for at least one member of the JJB bench handling a juvenile’s case to be a woman. The JJB exercises powers equivalent to those of a Metropolitan Magistrate or Judicial Magistrate of first class under the Code of Criminal Procedure, 1973 (2 of 1974).7

7 Juvenile Justice (Care and Protection of Children) Act, 2015, § 4, No. 2, Acts of Parliament, 2015 (India).

Key legal cases concerning the juvenile justice system in India
  • Mukesh & Anr v. State for NCT of Delhi & Ors (2017)8

In the Mukesh & Anr v. State for NCT of Delhi & Ors (2017), commonly referred to as the “Delhi gang rape case” or “Nirbhaya case” of 2012, one of the perpetrators was a minor who committed the serious offense of rape. While the adult offenders received death sentences, the juvenile offender was sentenced to three years of imprisonment due to legal provisions at the time.”9 This case sparked public outrage and led to amendments in the existing laws, eventually resulting in the enactment of the Juvenile Justice (Care and Protection of Children) Act, 2015.

  • Hari Ram v. State of Rajasthan (2009)10

In this case, the Supreme Court of India ruled that in cases where the age of a juvenile offender is disputed, scientific methods such as ossification tests should be used for accurate determination. The court emphasized the need for precision in determining the age of juveniles to ensure they are treated according to the protections and rehabilitative measures provided by the juvenile justice system. This decision aimed to safeguard juveniles from being treated as adults based solely on unreliable documentary evidence.

  • Pratap Singh v. State of Jharkhand (2005)11

The factual background of the case involved a juvenile offender who was facing charges under the law. The case revolved around ensuring that the juvenile justice system upheld principles that were child-centric and aimed at the rehabilitation and welfare of juvenile offenders. The Supreme Court’s ruling underscored the importance of a compassionate and rehabilitative approach toward juveniles involved in legal issues, stressing their vulnerability and the significance of their rehabilitation and successful reintegration into society.It underscored that the welfare of the child should be of paramount consideration, ensuring their rights to protection, care, and a chance for reformation. This decision reinforced the importance of a humane and rehabilitative approach in the juvenile justice system in India.

8 Mukesh & Anr v. State for NCT of Delhi & Ors, (2017) 6 SCC 1.

9 Lazarus, N., Delhi gang rape: four men sentenced to death, SKY NEWS PRODUCER (Sept.13, 2013,10:02 AM), https://news.sky.com/story/delhi-gang-rape-four-men-sentenced-to-death-10434469.

10 Hari Ram v. State of Rajasthan, (2009) 13 SCC 211.

11 Pratap Singh v. State of Jharkhand, (2005) 3 SCC 551.

Suggestions for Fostering Juvenile Justice System in India

Respecting the existing laws, here are some recommendations to strengthen the system:

  • Courts should adopt a rehabilitative approach towards juvenile delinquency rather than a punitive one, creating an environment conducive to reintegrating delinquents into mainstream society.
  • Efforts should align state legislation on juvenile justice with international standards set by International Conventions and Treaties.
  • The Juvenile Justice Board, pivotal in dispensing justice to juveniles, should conduct specialized training programs in child psychology for its members.
  • Magistrates serving on the board should focus solely on juvenile cases, ensuring inquiries are completed within four months.
  • Rehabilitation for children in conflict with the law should encompass educational opportunities, adequate healthcare, and integration into society during the secondary phase.
  • Children Homes should segregate facilities for “children in conflict with law” and “children in need of protection and care” at both administrative and practical levels.
  • Implementing CCTV surveillance in children’s homes would facilitate regular inspections by the board and ensure oversight through surprise visits.
Conclusion

In summary, India’s juvenile justice system, guided by the Juvenile Justice (Care and Protection of Children) Act, 2015, has developed to prioritize both justice and rehabilitation for children involved in legal issues. The system’s response to cases like the Nirbhaya incident highlighted the need for nuanced approaches that prioritize both accountability and the young offender’s growth. To effectively tackle juvenile delinquency, we must focus on prevention through education and community support, intervene with rehabilitative measures rather than harsh punishments, and ensure smooth reintegration into society. Strengthening institutions, enhancing legal awareness, and involving communities are key steps in this journey. Looking ahead, India can enhance its juvenile justice framework by aligning with global standards and ensuring practical implementation. By fostering a nurturing environment that respects children’s rights and supports their development, India can build a brighter future where justice is compassionate and effective for its youth.

Index of Authorities
Constitution
  1. INDIA CONST. art. 21A § 24.
Statute
  1. Juvenile Justice (Care and Protection of Children) Act, 2015, No. 2, Acts of Parliament, 2015 (India).
Books
  1. WROBLESKI. M. HENRY, AN INTRODUCTION TO LAW ENFORCEMENT AND CRIMINAL JUSTICE, THOMSON LEARNING (Wadsworth 2000).
Cases
  1. Mukesh & Anr v. State for NCT of Delhi & Ors, (2017) 6 SCC 1.
  2. Hari Ram v. State of Rajasthan, (2009) 13 SCC 211.
  3. Pratap Singh v. State of Jharkhand, (2005) 3 SCC 551.
Online Sources
  1. Mistrett, Marcy, Mariana Espinoza, Youth in Adult Courts, Jails, and Prisons. The Sentencing Project, JSTOR (June 12, 2024, 9:29 PM), http://www.jstor.org/stable/resrep40615.
  2. Lefas, Melissa, Junko Nozawa., Rehabilitating Juvenile Violent Extremist Offenders in Detention Advancing a Juvenile Justice Approach. Global Centre on Cooperative Security, JSTOR (June 12, 2024, 10:20 PM), http://www.jstor.org/stable/resrep20392 .
  3. CHILDLINE INDIA, https://childlineindia.org/a/issues/conflict-with-law (last visited June 14, 2024).
  4. INDIAN EXPRESS,

https://indianexpress.com/article/india/india-news-india/new-juvenile-justice-act-to-co me-into-force-from-today/.

  1. Juvenile Justice Committee Delhi High Court, https://jjcdhc.nic.in/?page_id=16.
  2. Juvenile Justice Committee Delhi High Court, https://jjcdhc.nic.in/?page_id=14.
  3. Lazarus, N., Delhi gang rape: four men sentenced to death, SKY NEWS PRODUCER (Sept.13, 2013,10:02 AM), https://news.sky.com/story/delhi-gang-rape-four-men-sentenced-to-death-10434469.

Aaradhya Sharma

Army Institute of Law (AIL), Mohali