ABSTRACT
Amidst the countless backlog of cases with the judicature of India, Parliament came up with the draft of the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021[1] to safeguard the fragile lives of children in India. The Bill received the approval of the President on the 7th of August 2021 and was notified in the official gazette on the 9th of August, 2021. This paper analyzes the circumstances and procedures leading up to the passing of the Juvenile Justice Amendment Act, 2021. Further, it deals with the changes inculcated by the Juvenile Justice Act, 2021 in the definition, power, and other provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.[2] It discusses the provision of transferring the jurisdiction of adoption cases from the district court to the office of the District Magistrate, to ensure speedy trial in this matter. Not only this, it has discussed the controversial topic of subjectifying the provision regarding punishment that needed to be clearly defined under the previous Act. It gives recommendations for law reforms and better implementation of juvenile laws. The paper covers all the facets of recent reform in Juvenile laws emphasizing the proper implementation of amendments introduced in the Act. It offers a better and clear understanding of the Juvenile laws in India.
KEYWORDS
Juvenile Delinquency, Juvenile Justice Act 2015, Juvenile Justice Amendment Act 2021, Child Care and Protection, Cognizable Offences, Non-Cognizable Offences, District Magistrate, and Red Tape.
RESEARCH METHODOLOGY
This descriptive paper is based on secondary sources to conduct an in-depth examination of the newly passed Juvenile Justice Act Amendment Act 2021 which includes a variety of books, newspaper articles, online journals, websites, and publications.
REVIEW OF LITERATURE
The goal of this research paper is to ensure that children in India receive justice by discussing the significance, necessity, and effects of juvenile legislation. Juvenile laws in India regarding adoption, rehabilitation, treatment, punishment, and other issues for youngsters who have committed crimes observed a significant change after a recent reform to the Juvenile Justice Act. Furthermore, the JJ Amendment Act, 2021 is discussed in two ways in this paper: positively and negatively.
INTRODUCTION
The Juvenile Justice Act of 2015 was partially abolished when the Juvenile Justice (Care and Protection of Children) The Amendment Act of 2021 became partially effective. The JJ Amendment Act 2021 was ultimately passed after being made public by the Lok Sabha on March 15, 2021, clearing the Rajya Sabha on July 28, 2021, and getting presidential assent on August 6, 2021.
Amendments strengthened the provisions of the Act for a speedy trial in the matter of the adoption of a child, and clarity in the functions and responsibilities of a child observation home. The Amendment Act empowered the District Magistrate to call for any information in the provisions for the trial of juveniles charged with any heinous crime have been clearly categorized, as have the best interests of the kid from all stakeholders. In order to eliminate or correct all anomalies in the operation and activity of child care institutions, the Act has established a few key stages. Also, the registration process has also been made rigid, and to remove the Red Tapism, this Act has made these institutions directly accountable to the District Magistrate.
To streamline the working of the Child Welfare Committee, the provisions for the appointment of members of the committee have been given due consideration by laying down the Amendment in Section 27 of the Act of 2015 which states that, “the person having a degree in child psychology or psychiatry or law or social work or other related sectors of education and sociology, would be eligible for the appointment.” No other member without sound qualification in the above-mentioned field and having records in violation of human rights or child rights or other public morals shall be appointed. The provisions for direct accountability of day-to-day activities to the District Magistrate have clarified the apparent relevance of this Act, which has determined and streamlined the fictitious purpose of this institution. On the account to remove all the concerned problems in understanding the clauses concerning punishment prescribed, this Act has divided the offenses into two categories: cognizable offenses and non-cognizable offenses based on the punishment to be given, such as if any fraudulent act intends to be deemed to be cognizable and non-bailable offense, while on the other hand, the offenses fraudulent with imprisonment for a term of three years and above, but not more than seven years, shall be deemed to be non-cognizable and non-bailable offense. The classification of offenses under this Act has been accurately defined by this change.
Juvenile Justice laws in India have been a very debatable topic since 2012 in the aftermath of the Nirbhaya gang rape case, which led to various changes in the Act of 2000. This Third Amendment Act 2021 has concentrated on explaining the primary goal of enacting this Act and eliminating the flaws of sectors for juvenile care and protection of children in India by redrafting numerous parts of the previous Act.
JUVENILE DELINQUENCY
Children are the seed for future blooming, they are a paramount asset and a valuable resource for any nation. Aside from this, they belong to one of the social classes that is most vulnerable and susceptible to persuasion. Every child in a nation should be given the same opportunity to develop into a strong citizen who is present with the skills and behaviours needed by society, as well as being physically healthy, intellectually sharp, and morally upright to safeguard them.[3] The expectation which has been stubbornly imposed upon a child without making them aware of its importance is ultimately leading them towards the open window where they don’t follow the settled social and legal dictum.
Juvenile delinquency must involve multiple types of wrongdoing, unethical behavior, and other violative behaviors that are consistent with the commission of a crime by a child or young person who is under the legal age limit. A child’s violation of the law cannot be the only factor that qualifies them for this classification. Juvenile denotes “a person who has not completed the age of eighteen,” according to Section 2(35) of the Juvenile Justice (Care and Protection) Amendment Act of 2021, which also defines crime as such. The term “juvenile in dispute with law” is used throughout this Act to denote the category of juvenile delinquents who are accused to have committed a crime. Several eminent philosophers have stated that a juvenile is “a youngster who has not acquired an age at which he, like an adult person in the eyes of the law, can be held accountable for his criminal crimes” The term “juvenile” refers to a youngster who is accused of breaking a law that deemed their action (or inaction) to be criminal.[4]In India, until the passing of the Children Act, 1960,[5] There was no set standard for what age a juvenile offender might be. There are many sets of rules that each state has in place to govern minors. The Indian legislature has been working nonstop to fix this shortcoming in the juvenile laws that are now in place.
When it comes to historical facts, the definition that was traced according to the smritis, such as the Brahd-Yama and the Sankha, states that a boy who is over five but under eleven must have his brother, father, or other family members or friends perform penance on his behalf if he commits some Patakas like drinking Sura. If a child is under five, however, whatever the Act may be, it is not considered to be a crime or a sin. As a result, the youngster is exempt from any punishment or prayaschita.[6] These statements lay down that juvenile delinquency and the Juvenile Justice system are not simply a matter of present concern but it has a deep-rooted concept emerging from the Vedic history of Indian civilization.
CAUSES OF JUVENILE DELINQUENCY
It is rightly quoted by Anthony J D’Angelo “When solving problems, dig at the roots instead of just hacking at the leaves.” It is very important to know the root causes of juvenile delinquency to tackle the rapid increase in the number of juvenile crimes in India. If we do not get to the root of the problem it will continue to grow.
- Role of Family
A person’s existence begins and ends in the family, a social institution. The impact of a family on an individual is significant since families are among the most dynamic and essential aspects of society.[7] Researchers and sociologists have discovered that a person’s family affects their behavior development. This influence is evident in parenting styles, sensitive family issues, a strict family atmosphere, and other positive and negative parts of life. An individual’s behavior toward society is influenced by their family.[8] Researchers have documented the detrimental effects of ongoing poverty on teenage emotional development. According to the study, children’s antisocial behavior is also caused by parental rejection, poor parental supervision, a lack of moral instruction, and a flawed socialization process.[9]
- Peer Group Pressure
Especially during childhood and adolescence, peer groups are essential for socialization. Children have the chance to engage in interactions within peer groups that are beneficial to all individuals. They also permit children to develop bonds with one another unsupervised by adults.[10] Peer groups foster self-exploration for an individual, they too have both positive and negative impacts.
Edwin Sutherland in his book “Differential Association Theory” explained that fraudulent behavior is acquired through social interaction. The social groups which impact the activity and behavior of an individual following his theory were peer groups.[11]
The example of the famous case of the boy’s locker room, the social media case where the boys were discussing illicit things concerning the girls in their class, was an evident example of how the peer group impacts the internal thought of an individual.[12]
- Education
The schools and community organizations include an obligation to assist the school in adjusting the needs of children so that they can create self-esteem, confidence, and an optimistic paradigm toward life. Schools and other formal and informal institutions of education have a direct nexus with juvenile delinquency, as the schools are the Centre of all institutions that influence children’s ideas and activities. According to Thiemann (2016), a positive student-teacher relationship is associated with a lower likelihood of delinquent and deviant student behavior.[13]Since the interpersonal relationship between teachers and students plays a vital role in assisting ill-adapted children, therefore the impact of education and teachers is most important as it plays an impactful role in building the child’s behavior.[14]
- Neighborhood
The neighborhood is not limited to the territorial boundaries from where an individual resides. In literal meaning, it means “every other person who works, resides or in other manners.” Neighborhood exerts an influence in shaping the social behavior of juveniles, as what one exhibits is a direct consequence of one absorption from one surrounding.Researchers have found that areas with structural problems are indicative of high rates of youth violence and juvenile crime.[15] The observed difference persists despite a substantial body of research showing significant connections between poor parenting techniques, youth contact with problematic peers, and violent delinquent conduct during adolescence.[16] One research has shown that weak neighborhoods have several structural factors such as concentrated penury, residential mobility, and racial-ethnic heterogeneity, all of these are linked to higher rates of juvenile delinquency and lead to social disorganization.[17]
- Financial Conditions
Accordingly, one of the key factors associated with juvenile delinquency is poverty. Probably the most important factor in preventing major delinquent cases from being heard in juvenile courts is a sufficient and consistent family income. Numerous economists have discussed the effects of economic challenges on a person’s social well-being. Children from low-income homes have a lot of unmet desires, according to early studies. As a result, people engage in illicit activity to fulfill their needs and aspirations. Bonger in his book “Economic Theory of Criminality” has described crimes committed purely due to a lack of financial stability, under this influence children are allowed to get actively involved in meeting the financial needs of the family.[18]
- Psychological Factors
In order to control an individual’s behavior, which is an organism’s response to its environment, psychological elements are essential. The environment can support either positive or harmful behaviors in people, or they can act out of self-directed intention.For over a decade, many people have tried to describe why a person would commit a crime. Some consider “a life better than a regular job, at least until they get caught” said the famous psychologist Bettmann and Corbis. The research has shown that juvenile delinquency is a result of a ‘cycle of violence’ in which the children who were neglected and abused by others show signs of delinquency and later become criminals as adults.[19]
When socially neglected groups such as working laborers, people dwelling in slums, and other small wage earners, in the greed of acceptance and to become rich, inculcate themselves with these criminal activities, as their mental capacity makes them believe that these are the only means of gaining such a high social status. Therefore, society is directly responsible for framing such a psychological mindset. This clearly shows how psychological development and factors affect the juvenile delinquent.
- Substance Abuse
The rise in the number of cases of substance abuse is a matter of serious concern. But what is more alarming is that substance abuse is considered one of the major elements of juvenile delinquency. This factor has two aspects regarding the minors which are, first, a greater number of juveniles are using addictive drugs today than ever before. Second, juveniles who indulge in substance abuse belong to a comparatively younger age group, as past studies have shown. The use of such harmful and dangerous substances motivates youngsters to commit crimes to meet the demands of money for drugs. Also, juveniles are more likely to get involved and engage in these destructive, harmful, and illegal activities under the influence of drugs and alcohol.
IMPACT OF JUVENILE JUSTICE ACT (CARE AND PROTECTION OF CHILDREN) AMENDMENT ACT, 2021 ON JUVENILE DELINQUENCY IN INDIA.
India is experiencing a sharp increase in crime every day, most of which involve children actively participating. According to a recent poll, children between the ages of 16 and 18 committed almost 76.2% of all crimes that were reported in India.[20]
In the recent report of the National Crime Records Bureau (NCRB), namely, Crime in India 2021[21] When compared to the other cities, Delhi had the highest percentage of minors breaching the law and engaged in criminal activities, according to the survey. According to the NCRB’s analysis of 19 metropolitan areas with populations of more than 2 million each, the number of such offences in these cities has been steadily decreasing, from 6885 in 2019 to 5974 in 2020 to 5828 in 2021. The trouble location, though, is Delhi, where there are more cases than anywhere else. It tops the list with 2618 cases in 2021, up from 2436 in 2020 but less than the 2760 cases in 2019, accounting for nearly half of all cases. Just to put things in perspective, in the densely populated city of Mumbai, 332 complaints were brought against minors in 2021, which is the same as in 2020. Additionally, pre-COVID 2019 has segregated juvenile crimes in the financial capital since 611. According to a Times of India report, Assam has the highest prevalence of juvenile delinquency among the Northeastern states.[22]
Indian history of Juvenile Delinquency has been one of the darkest in world history, and some of the most prominent cases are;
- In December 2012, a girl was allegedly gang raped by a group of four people, among them one accused was of less than 18 years of age. Because our law is silent on the trial of a juvenile in such a heinous crime, the court was out of authority to award him capital punishment along with the other three accused persons. Therefore, he was sent to the Juvenile Care Centre. This case is commonly known as the Nirbhaya case.[23]
- In October 2015, two boys aged 16-18 years were accused of kidnapping an infant and raping her several times.[24]
- In March 2016, four minors were accused of the murder of a doctor in Vikaspuri.[25]
This list is never-ending, for these kinds of cases the legislature of India has modified the Juvenile Justice (Care and Protection of Children) Act, 2000, in the year 2015 after the Nirbhaya case. This amendment was considered a revolutionary change in the judicial system for the trial of juveniles, it broadly divided crime into three categories i.e., Petty crimes, Serious crimes, and Heinous crimes based on intensity and the term of punishment of the offense committed, so that the justice could be served to the victim and the aggrieved party. Subsequently, the crime rate started to stabilize. The Juvenile Justice (Care and Protection of Children) Act, 2015 provides a provision for juvenile rehabilitation to restructure the criminal psychology of juveniles in dispute with the law. The major drawback of this amendment was that it lacked a speedy trial of the persons accused of any offense under this Act. To combat juvenile delinquency, the legislature of India came up with the 3rd amendment to Juvenile laws i.e., the Juvenile Justice Amendment Act 2021. This amendment has not completely changed the justice system of 2015 but modified the trial methodology by transferring the jurisdiction for the trial of cases registered under this Act of 2021 to the District Magistrate (DM) and Additional District Magistrate (ADM) from courts.
With this Amendment, the accountability of various groups such as the Central Adoption Resource Authority (CARA),[26] Child Welfare Committee (CWC),[27] Juvenile Justice (Care and Protection) Board (JJB), etc. have escalated to remove the abnormalities within the rehabilitation and care system of juveniles in conflict with the law.
India is obligated to have a proper judicial system to ensure juvenile justice because it is a signatory to the United Nations Convention on the Rights of the Child (1989), the Hague Convention on the protection of Children and cooperation in respect of Intercountry Adoption (1993), the UN Standard Millennium Rules for Administration of Juvenile Justice (1985), and other agreements. These agreements have the primary goals of lowering the crime rate and providing proper care and protection to the juveniles. Since crime has been on the fall in recent years, it is clear that the Indian legislature is functioning properly.
Social Legislation, too, is effectively working on the various methods to reduce the Juvenile Delinquency rate in India. Since every change takes time for effective implementation, even a downfall in the number of crimes committed by juveniles by just a small percentage is an evident answer to the success of the laws of the country in controlling the problem. But it is impossible to eradicate this challenge from society as the division of social norms in society has become dynamic and stubborn with the constantly changing perspective of society.[28]
CONCLUSION
Keeping the theme of Juvenile Delinquency and Juvenile Justice in the limelight, India has adopted several legal frameworks to control the upsurge of crimes committed by children. But still, the problem of juvenile delinquency is living in our society. Many people have argued that we still have a very long way to go before we arrive at a ‘Child-friendly’ juvenile justice system.[29] Here the question arises ‘What is the reason for the failure of these Acts to prevent juvenile delinquency and serve juvenile justice?’ The major reason is the lack of awareness among the people of the society, especially the youngsters. Today most of the youth population does not know about the juvenile justice system which would decide their future if they will ever get accused of committing any crime or offense. This issue highlights the urgent need for reliable and effective resources to help our youth in understanding the juvenile justice system better. The young population of every country must be equipped with proper knowledge and understanding of laws to handle this system and uphold various policies and programs which are beneficial for them. In a nutshell, juvenile delinquency can be easily encountered if it is stopped at its early sources. As younger people are more fragile and flexible, they can certainly be transformed into positive personalities. Delinquency has always been taken as an advantage and it will continue to be considered the same if appropriate action is not taken before it is too late.
“Juvenile crime is not naturally born in a child, but is largely due either to the spirit of adventure in him, or to his stupidity, or his lack of discipline, according to the nature of that individual.”
Written By: Priyanshi Parmar, 2nd-year student of B.A.L.L.B (H) studying at Amity University, Madhya Pradesh, Gwalior.
[1]The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, No.23, Acts of Parliament, 2021 (India).
[2]The Juvenile Justice (Care and Protection of Children) Act, 2015, No. 2, Acts of Parliament, 2015 (India).
[3]Esha Roy, What changes In JJ Act for juvenile offenders and District Magistrates, Indian Express (August 5, 2021, 15:04), https://indianexpress.com/article/explained/juvenile-justice-amendment-bill-2021-explained-7429971.
[4]The United States Department Of Justice Archives, https://www.justice.gov/archives/jm/criminal-resource-manual
-38-juvenile-defined (last visited Jan 12, 2023).
[5]The Children Act, 1960, No. 60, Acts of Parliament, 1960 (India).
[6]Md Shamshad Ansari, Chapter-2 Definition, Meaning, causes, and theories of prevention of juvenile delinquency, Academia (Dec 10, 2022 17:10), https://www.academia.edu/31101263/CHAPTER_II_DEFINITION_MEANING
_CAUSES_AND_THEORIES_OF_PREVENTION_OF_JUVENILE_DELINQUENCY.
[7]Abrahamsen, D (1949). Family Tension: Basic Causes of Criminal Behavior, Richard & Winston, New York.
[8]Raj Practical Management of Pain, 2008, https://www.sciencedirect.com/topics/medicine-and-dentistry/family-inf
[9]Rosary Kakonzi Mwangangi, the role of Family in dealing with Juvenile Delinquency, Research Gate (Jan 20, 2019), https://www.researchgate.net/publication/331567915_The_Role_of_Family_in_Dealing_with_Juvenile_Del
[10]Reeta, Effect of peer influence on Juvenile Delinquency, SCCOnline,
https://rjhssonline.com/AbstractView.aspx?PID=2020-11-2-10.
[11]Edwin Sutherland, Principles of Criminology, J. B. Lippincott Company, 2009.
[12]Editor, boys locker room case: 15-year-old held in south Delhi, Indian Express (May 6,2020, 10:25 am) https://www.newindianexpress.com/nation/2020/may/05/boys-locker-room-case-15-year-old-held-in-south-delhi-10-others-identified-2139576.html.
[13]Simona Mihaiu, Juvenile Delinquency as a determinant Factor of violent criminal behavior, Research Gate (Jan 10, 2023, 11:10 am), https://www.researchgate.net/publication/322754293_JUVENILE_DELINQUENCY_AS_A_
DETERMINANT_FACTOR_OF_VIOLENT_CRIMINAL_BEHAVIOUR.
[14]Education and delinquency: summary of a workshop(2000),https://nap.nationalacademies.org/read/9972/chapter/5.
[15]Walsh, A, Criminology, Sage Publications, Inc. New Delhi, 2018.
[16]Susan McNelly and Pamela Wilcox, Neighborhood and Delinquent Behavior, Research Gate, https://www.re
searchgate.net/publication/306275857_Neighborhoods_and_Delinquent_Behavior.
[17]National Center for Biotechnology Information.
[18]Sarala Jayakumar, Impact of economic Factors on juveniles in India: A critical analysis, Legal Service India, https
://www.legalserviceindia.com/legal/article-6714-impact-of-economic-factors-on-juveniles-in-India-a-critical-analysiss.html.
[19]Wisdom, The Cycle of Violence Theory, 1989.
[20]Sadaf Modak, Juvenile Justice data erroneous: TISS project study, Indian Express, https://indianexpress.
com/article/india/india-news-india/juvenile-justice-data-erroneous-tiss-project-study-3013828/.
[21]National Crime Records Bureau, Crime in India, 2021 (India).
[22]Naina Lahon, Causative Factors of Juvenile Delinquency- A study, file:///C:/Users/Admin/Downloads/6E8g4y
WyynHPCtSoVpYywhjzQ9dOJT9kc71oxNcA.pdf.
[23]Mukesh & Anr v. State for NCT of Delhi & Ors 2017 6 SCC 1.
[24]Nipun Saxena v. Union of India AIR 2018.
[25]Editor, Vikaspuri murder: Dr. Pankaj Narang was dragged out of home beaten to death with bats, Indian Express (March 2016), https://indianexpress.com/article/cities/delhi/vikaspuri-murder-victim-tried-to-call-police-his-family-
[26]The Juvenile Justice (Care and Protection of Children) Act, 2015 No.2, Acts of Parliament, 2000.
[27]Ibid.
[28]Ahuja and Ram (1996) Youth and Crime, Rawat Publication, Jaipur.
[29]Goldson B, Muncie J., Towards a global ‘child-friendly’ juvenile justice? Int J Law Crime Just (July 2012), http://oro.open.ac.uk/30417/.