Juvenile Justice System in India | Criminal Law for Judiciary Exams PDF Download

Meaning and Concept of Juvenile

• Historical Perspective: In the field of Juvenile Justice in India, a relevant Latin saying is 'Nil Novi Spectrum,' indicating that nothing is entirely new on this planet. Throughout history, there has been a global belief that young individuals should receive lenient treatment due to the common perception that they react to frustration by resorting to aggression.
• Current Scenario: In recent times, there has been a notable rise in crimes committed by children aged 15-16. The reasons behind these offenses often stem from early-life experiences, prevailing masculinity norms, upbringing, economic hardships, and lack of education. It is distressing to witness children as young as 6-10 years old being exploited for engaging in unlawful activities. Given their innocence and susceptibility, they are easily manipulated at minimal costs.
• Defining 'Juvenile': The term 'Juvenile' pertains to a young individual exhibiting childlike characteristics. 'Delinquency' refers to deviating from societal norms or failing to meet responsibilities, which can involve criminal acts or wrongdoings. 'Justice' is about fairness, equity, and genuine respect for individuals, aiming for moral righteousness and fair treatment in the face of injustice.
• Juvenile Justice System: The Juvenile Justice System operates within the domain of criminal law and seeks to cater to the needs of young individuals who are not yet deemed fully accountable for their criminal behaviors.
• Addressing Juvenile Delinquency: Juvenile delinquency arises when young individuals partake in behaviors contrary to societal norms. Juvenile Justice encompasses ensuring just and equitable treatment for children and young persons to shape their roles within society.
• Objectives of Juvenile Justice System: The primary aim of the Juvenile Justice System is to safeguard children by providing suitable interventions and fostering environments conducive to positive human development. It represents a socio-legal strategy to establish conditions for rehabilitating delinquent juveniles.
• Global Adoption of Juvenile Justice Laws: Practically all civilized nations have implemented Juvenile Justice Laws to treat young offenders fairly, enabling them to lead peaceful, ethical, and democratic lives. These laws typically apply to individuals below 18 years of age and are overseen by child-friendly Juvenile courts.
• Focus on Rehabilitation: The key emphasis of this system lies in rehabilitation rather than punitive measures. When a child or young person commits an offense, the Juvenile court intervenes by offering care and gentle support through specialized facilities, aiming to guide juvenile offenders towards a respectable life path.

Definition of Juvenile under Juvenile Justice Act of 2015

• Origin of the Term: The term "juvenile" comes from the Latin word "juvenis," which means "young." In simple terms, a "child" is someone under 18 years old who may not have the full understanding to differentiate between right and wrong.
• Juvenile Justice Act of 2015: This law in India defines a "child" as an individual below 18 years of age. It makes a distinction between children in conflict with the law and those in need of care and protection.
• Definition of a Juvenile: A "juvenile" is a person under 18 years old who has been accused of committing an offense. The Juvenile Justice Act recognizes that such individuals require specialized care and protection, leading to a separate juvenile justice system.
• Variations in Definitions: It's important to understand that different laws in the Indian Juvenile Justice System may define "child" and "juvenile" differently. For instance, the Indian Penal Code considers a child as someone under twelve years old, while the Protection of Children from Sexual Offences Act defines a child as someone below 18 years.

Distinguishing Juvenile from Child

• Definition of a Child: A child, typically under the age of eighteen, is legally classified as a minor, indicating limited responsibility under the law. When a child is alleged to have committed an offense, they are directed to a Child Care Centre for appropriate measures.
• Understanding Juvenile Status: On the contrary, a juvenile falls within the age range of sixteen to eighteen. In cases where a young individual within this bracket engages in criminal activities, they are labeled as juvenile offenders and may face trial as adults in legal proceedings.
• Legal Distinction: While both terms generally pertain to young persons, their legal connotations diverge. "Minor" commonly denotes individuals in their youth or teenage years, while "juvenile" can represent either an immature individual or a young wrongdoer.

Key Considerations

• The Juvenile Justice Rules of 2007 dictate that Rule 12 must guide the Board in determining juvenility.It's crucial to note that the claim of juvenility can be raised at any point during legal proceedings, even after the Board has concluded the case.

Legal Precedents

• In the case of Kulai Ibrahim v. State of Coimbatore, the court affirmed that the accused can assert their juvenility during or after the trial, citing Section 9 of the Juvenile Justice Act, 2015.
• Deoki Nandan Dayma v. State of Uttar Pradesh highlighted that a student's date of birth in school records can serve as evidence for establishing juvenility.
• A similar situation arose in Satbir Singh & others v. State of Haryana, where the Supreme Court stressed the importance of school records in determining juvenility.
• Conversely, Krishna Bhagwan v. State of Bihar stipulated that for Juvenile Justice Board trials, the date of the offense should dictate juvenility determination.
• In Arnit Das v. State of Bihar, the Supreme Court revised its stance, indicating that juvenility claims should align with the date of the accused being presented before the authoritative body.

History of Juvenile Justice System in India

• The concept of treating juvenile offenders differently from adult criminals gained prominence globally in the 18th century, marking a shift towards recognizing the distinct needs of young lawbreakers.
• In 1989, the United Nations General Assembly introduced the Convention on the Rights of the Child, emphasizing the protection of juvenile offenders' rights and advocating for their social reintegration without subjecting them to traditional court trials.
• Reacting to this international call, India replaced the outdated Juvenile Justice Act of 1986 with the more comprehensive "The Juvenile Justice (Care and Protection of Children) Act, 2000."
• The previous law, the Juvenile Justice Act of 1986, was a response to the UN's guidelines from 1985 and aimed to establish a system that provided care, protection, treatment, and rehabilitation for neglected juvenile delinquents.

Main Objectives of the Juvenile Justice Act

• Establishing a consistent framework for juvenile justice nationwide to safeguard the rights and well-being of young individuals involved in the legal system.
• Detailing the essential mechanisms and resources required for the care, protection, and rehabilitation of juvenile offenders.
• Offering fundamental provisions for the just and equitable administration of criminal justice in cases concerning serious offenses committed by juveniles.

Juvenile Justice Act, 2000

• The Juvenile Justice (Care and Protection of Children) Act was first established in 2000 to safeguard the rights of children in India.
• Subsequent amendments were made to the Act in 2006 and 2011 to address shortcomings and improve its effectiveness.
• Recent years have seen a rise in juvenile crimes, with notable incidents like the "Delhi Gang Rape Case" exposing flaws in the existing law.
• Issues such as insufficient legal provisions and a flawed juvenile justice system have hindered the prevention of crimes committed by minors.
• These shortcomings led to the replacement of the 2000 Act with The Juvenile Justice (Care and Protection) Act in 2015.

Juvenile Justice Act, 2015 Summary

Introduction to the Juvenile Justice Act, 2015

• The Juvenile Justice Act of 2015 was enacted to replace the previous 2000 Act, aiming for a more effective justice system that combines deterrence and reformation.
• This new legislation acknowledges that juveniles require a different approach compared to adults, focusing on their potential for transformation and improvement.

Key Features of the Act

• The Act defines a child as an individual below 18 years and differentiates between a "Child in Need of Care and Protection" and a "Child in Conflict with Law."
• Offences are categorized as heinous, serious, or petty, with provisions for trying juveniles aged 16 to 18 as adults based on their mental capacity.
• Establishment of specialized Juvenile courts and an expanded definition for "Child in Need of Care and Protection" are introduced.

Child Welfare and Protection

• The Act addresses various situations where children may need care and protection, such as when guardians are unable to provide proper care, or when children are involved in labor or at risk of early marriage.
• Emphasis is placed on adoption rights and fulfilling the basic needs of children in conflict with the law or in need of care and protection.

Rehabilitation and Care Approach

• The Act promotes a child-friendly approach in legal proceedings and aims to rehabilitate juvenile offenders through designated care facilities and institutions.
• It focuses on providing care, protection, development, treatment, and social integration for children in conflict with the law or needing care and protection.

Juvenile Justice System in India Overview

• India has laws dedicated to safeguarding the rights of young offenders, focusing on juvenile delinquency.

Key Principles of the Juvenile Justice System

• Young offenders are directed away from regular courts towards correctional methods.
• Juvenile offenders are not punished by courts; they are encouraged to reform and reintegrate into society.
• Legal procedures for children in conflict prioritize non-punitive measures, involving facilities like Observation Homes and Special Homes.
• The foundation of India's Juvenile Justice System prioritizes rehabilitation over punitive actions.

For instance, instead of facing traditional court processes, juveniles are guided towards corrective measures, such as counseling and skill-building programs. The focus is on helping them become productive members of society.

Moreover, rather than facing punishments like imprisonment, juvenile offenders are given the opportunity to amend their behavior and integrate back into their communities. This approach aims to prevent recidivism and promote positive social reintegration.

Additionally, the trial system for young offenders emphasizes community-based interventions. Observation Homes and Special Homes serve as spaces for rehabilitation and skill development, offering a supportive environment for juveniles to learn and grow.

By emphasizing rehabilitation and reintegration, the Juvenile Justice System in India aims to address the root causes of delinquent behavior and provide a second chance for young individuals to lead fulfilling lives.

Development of Juvenile Justice System

• The Juvenile Justice System globally is founded on the belief that children are not fully developed like adults and lack the maturity needed for adult responsibilities.
• One key legal concept supporting this idea is "doli incapax," which asserts that children are incapable of forming criminal intent and, therefore, cannot be held fully accountable for their illegal actions.
• Childhood maturity encompasses more than just cognitive growth and includes how a child interacts with their surroundings.
• A child's cognitive abilities are significantly influenced by their environment, which shapes their perceptions and understanding of the world.
• The definition of youth and childhood varies among different laws, leading to a lack of consensus on the exact age at which a person becomes an adult.
• Recent Juvenile Justice laws demonstrate a shift towards a more progressive approach, emphasizing the concept of parens patriae, which prioritizes institutionalized care and protection.
• The primary focus is on rehabilitating and socializing young individuals, with punishment considered an exception rather than the norm.
• Notably, Juvenile Justice Systems differ significantly from regular criminal courts by utilizing informal hearings.
• Significant amendments to the existing Juvenile Justice Act of 2015 were made on July 28, with the passage of the Juvenile Justice Care and Protection of Children Amendment Bill 2021 during the 2021 budget session.
• This amendment bill garnered bipartisan support and is awaiting the President's approval to come into effect.

Legal Code and Case Laws Regarding Juveniles in India

• Sections 82 and 83 of the Indian Penal Code (IPC) focus on how juveniles are excluded from prosecution.
• In the case of Kakoo v. Union of India, the Supreme Court reduced the sentence of a 13-year-old boy who committed a serious offense.
• Sections 83 and 84 of the IPC emphasize that juveniles should not be treated as adults in legal proceedings.
• When dealing with juveniles, the court must consider reformative and humanitarian approaches.
• Contrastingly, in Heeralal v. Union of India, a juvenile was convicted for a serious crime as he was considered of legal age.
• The case of Satya Deo v. State of Uttar Pradesh highlighted that children under 18 at the time of an offense should be treated as juveniles.
• Even if the offense occurred before the Juvenile Justice Act of 2000, the rights of the child should be upheld.
• Section 25 of the Juvenile Justice Act, 2015 ensures the application of the 2000 Act to pending cases.
• In Salil Bali v. Union of India, the issue of lowering the age of juveniles tried as adults was raised.
• The Supreme Court upheld the Juvenile Act, stating it aligns with the Indian Constitution and international child rights instruments.
• International norms like the Beijing Rules support separate justice systems for juveniles.

Conclusion

• The Juvenile Justice System is designed to offer special treatment and protection to young offenders, recognizing that children may not possess the full maturity of adults and might not fully comprehend the nature and consequences of their actions. This system prioritizes reform and rehabilitation over punishment, taking into account the best interests of the child.
• In India, the Juvenile Justice Act of 2015 replaced the previous legislation, enhancing the juvenile justice system by introducing provisions for classifying offences, establishing juvenile courts, and expanding the definition of children in need of care and protection. The Act underscores the importance of caring for, protecting, developing, and socially integrating juvenile offenders.