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INDIAS JUVENILE DELINQUENCY: CURRENT TRENDS AND THE ACCOMPANYING AMENDMENT TO THE JUVENILE JUSTICE ACT AUTHORED
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INDIA'S JUVENILE DELINQUENCY:
CURRENT TRENDS AND THE ACCOMPANYING AMENDMENT TO THE JUVENILE JUSTICE ACT
AUTHORED BY-
ALPIKA SRIVASTAVA
RESEARCH
SCHOLAR
MANIPAL
UNIVERSITY, JAIPUR
CO-AUTHOR -
DR. SHWETA JOSHI
MANIPAL
UNIVERSITY, JAIPUR
ABSTRACT
Juvenile delinquency is a serious
crime that disrupts a nation's social order. There is a global increase in
juvenile delinquency, with a growing number of young individuals engaging in
violent criminal activities. India is experiencing a similar pattern of rising
incidences of violent crimes committed by minors. Addressing this crucial
national issue will require thoughtful consideration. As a response to these
changes, the Indian judiciary and legal system have adjusted the nation's
juvenile justice statutes. This study examines the factors contributing to
adolescent delinquency and the rationales provided by scholars across many
fields. Official figures show an increasing trend of young individuals engaging
in severe criminal activities. The amendment to the Juvenile Delinquency Act
permits the trial of adolescents accused of serious offenses in adult courts as
a measure to combat juvenile delinquency in India.
KEYWORDS: Delinquency; Juvenile
Justice System; Juvenile Justice Act; Juvenile Justice Board
INTRODUCTION:
“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”.
By-Abraham
Lincoln[1]
Children are the cornerstone upon
which the future of any nation is constructed. They assume positions of
authority within the nation, generate economic prosperity for the state, and safeguard
the indigenous human population. Different regions of the globe produce
children with distinct worldviews and advancement rates. They cultivate their
perspectives on social and political matters while fortifying their capacity
for abstract thought. They gain the capacity to establish objectives and devise
long-term strategies. Additionally, individuals tend to evaluate themselves in
comparison to others. They desire autonomy from their parents and a distinct
sense of self. At this age, peer pressure and acceptance become crucial. They
often demonstrate a predilection for committed relationships and romantic
partnerships, along with harboring profound erotic and romantic ambitions.
These alterations are customary and generally do not indicate any unusual
occurrences. Problems arise when these young individuals partake in delinquent
activities and encounter legal complications.[2]
Criminal conduct and delinquency
usually decrease as individuals gets older, reaching their highest point during
adolescence. A recurring theme of criminal activity can be observed across
diverse historical, geographical, and cultural settings. Young adults and
adolescents exhibit a higher propensity for engaging in conventional criminal
activities. Rapidly, a significant proportion of these wrongdoers cease their
illicit undertakings. There are specific types of criminal activity that
exhibit a gradual decline after their prime years. The occurrence of offenses
committed by minors is a matter of grave concern in every nation. A juvenile is
a child who has not yet reached a developmental threshold that would otherwise
allow them to reason logically and comprehend the repercussions of their
actions. Consequently, the child's illicit conduct absolves them of any legal
liability. Youthful delinquency refers to a child who is indicted on criminal
charges subsequent to suspicion of having violated the law. [3]
According to Section 2(k) of the
Juvenile Justice (Care and Protection of Children) Act, 2015, an individual is
considered a juvenile if, as per Indian legislation, they are not older than
sixteen years. Before the Juvenile Justice Act of 2015 was enacted in 2015,[4]
the age limit for juveniles was established at eighteen years old by the
Juvenile Justice (Care and Protection of Children) Acts of 2000 and 2006. The
age of a juvenile has been subject to variation over time and across different
geographical areas in accordance with Indian law. The age range for individuals
in India varies by state, spanning from 14 to 18 years old.[5]
The Significance of
Socio-Psychological Research in Formulating a Demand for International
Instruments A multitude of academic fields have conducted research pertaining
to juvenile delinquency, thereby drawing attention to the imperative for a
robust international framework that can counsel governments on the most
effective approaches to address this issue. The year 1989 marked a significant milestone
in the development of international human rights law: the United Nations
Convention on the Rights of the Child (CRC) was officially established. It
provided unambiguous statements of the children's rights and the rationales
supporting their protection. The promotion of adolescent empowerment, social
justice, and equity has progressed due to the rights-based approach outlined in
the CRC. The Convention on the Rights of the Child (CRC) guarantees civil,
political, economic, social, and cultural rights to every child, irrespective
of their race, religion, or aptitude. [6]
These rights are legally enforceable.
The agreement comprises 54 articles that delineate the rights of minors and the
obligations of governments to collaborate in safeguarding those rights. Since
its inception in 1980, nineteen nations have ratified the convention. The
Committee on CRC ensures that states that are parties to the United Nations
Convention comply with the provisions of the convention. States that have
ratified the UNCRC are obligated to implement its provisions and adhere to
international law. Since ratifying the CRC in 1992, India has enacted several
laws to protect the rights of minors. The Juvenile Justice Act of India is an
all-encompassing statute designed to address matters concerning juvenile
offenders.[7]
EVOLUTION OF JUVENILE JUSTICE LAWS IN INDIA:
In India prior to the British
conquest, families were responsible for keeping tabs on their children and
following the rules set out by Hindu and Muslim law. New child-related rules
were recognized as essential during British rule in India.[8] Several
pieces of legislation were enacted between 1850 and 1919, such as the 1850
Apprentice Act, the 1861 Code of Criminal Procedure, and the 1876 and 1897
Reformatory School Acts. The Apprentice Act of 1850 mandated that disadvantaged
or young offenders aged 10 to 18 be given distinct treatment and compelled to
serve as apprentices for merchants. Section 82 of the Indian Penal Code of 1860
acknowledges the unique position of children. It established age restrictions
on criminal responsibility, protecting children under the age of seven from
being prosecuted. Children aged 7 to 12 were deemed sufficiently mature to
comprehend the repercussions of their conduct in specific situations. The Code
of Criminal Procedure prioritizes reformatories above imprisonment for
individuals under the age of 15. It included instructions for probation for
petty offenders. The state's current approach to adolescent offenders
demonstrates a shift in perspective from punishment to reform.[9]
The Reformatory School Acts of 1876
and 1897 were among the earliest pieces of legislation. Under the Act,
delinquents were expected to attend reformatory schools for a period ranging
from two to seven years. Upon reaching the age of eighteen, they were sent to
adult correctional centers. The 1897 Act detailed the treatment and
rehabilitation of juvenile offenders. No national laws were established under
Britain's rule. Some provinces, such as Pondicherry, Madras, and Bombay, have
enacted specific legislation to address adolescent misbehavior. India's
juvenile justice policy was created after gaining independence, based on the
guidelines outlined in various portions of the Indian Constitution,
specifically Article 15 (3), 21, 24, 39 (e) and (f), 45, and 47. Various
factors influenced the juvenile justice policy in India.[10]
International accords such as the
Beijing Rules, the UN Standard Minimum Rules for the Administration of Juvenile
Justice, and the UN Convention on the Rights of the Child (CRC). The Central
Child's Act of 1960 prohibited the confinement of children in any circumstance,
making it a crucial law for neglected and delinquent children in India. The
child welfare board and children's courts were identified as two essential
entities responsible for managing these children. The Indian federal government
passed the Juvenile Justice Act in 1986.[11]
Social legislation was created to provide protection, care, treatment, and
rehabilitation for neglected and delinquent children. The adjudication of
juvenile cases was also investigated.
Juvenile welfare boards were created
for neglected children and non-offenders, while juvenile courts were
established for offenders. In 2000, the Juvenile Justice (Care and Protection
of Children) Act was enacted. It enabled the establishment of a uniform legal system
for justice across the country.[12]
The main objective of the new Act was to ensure that no individual under the
age of 18 would be incarcerated. The Act also outlined specifications for the
facilities and equipment necessary for the protection, care, and rehabilitation
of children. The Act was amended in 2006 and 2010. The Juvenile Justice Act
ensures that the juvenile adjudication and disposition system is child-friendly
while addressing the needs for growth, care, protection, and rehabilitation.
The Juvenile Justice Board, now known as the Juvenile Justice Board, can
conduct investigations utilizing a multidisciplinary approach.[13]The
Child Welfare Committee was established in accordance with the Act to cater to
the needs of children who are in danger.
ESSENTIAL COMPONENTS OF THE INDIAN JUVENILE JUSTICE
ACT:
According to Section 2(I) of the
Juvenile Justice Act, 2000, a juvenile in conflict with the law is a person
under the age of eighteen (but over ten) who is accused of committing a crime
on the date of the alleged offense. Indian lawmakers are in disagreement about
the definition of a kid, causing uncertainty and conflict in the legal
treatment of youngsters. Another group of children, referred to as
"Children in Need of Care and Protection," is defined in Section 2(d)
of the same Act. These children are identified as lacking a permanent abode,
living situation, or visible means of support.[14]
These may include children who are
homeless, child laborers, beggars, orphans, abandoned or destitute individuals,
children who have been exploited or trafficked, children who have physical or
mental health issues, or children who have been impacted by violence or natural
disasters. Although its effectiveness may be constrained, the Indian Juvenile
Justice Act safeguards the rights of minors.[15]
The second cohort of children was incorporated in response to the JJ Act's
preventive strategy. Criminal activity is more prevalent among children who are
impoverished or who endure difficult circumstances. Serious life events possess
the capacity to activate the offender switch, thereby transforming individuals
into delinquents. Adhering to the principle that prevention is more effective
than treatment, the JJ Act of India encompasses provisions catering to both
juvenile offenders and individuals who pose a risk of engaging in deviant
conduct. Juvenile offenders fall under the jurisdiction of the Juvenile Justice
Board, whereas vulnerable children are under the supervision of the Child
Welfare Committee. Different establishments cater to these two cohorts of
children.[16] The
Juvenile Justice Board is composed of two social workers, of whom she must be a
minimum of one, and a metropolitan judge or judicial magistrate of the first
class.
Legislative provisions mandate the
establishment of a special juvenile police unit at each police station. It is
ideal that every member of the staff possesses training in child psychology or
demonstrates sensitivity towards matters concerning children. It is
impermissible to hold a joint prosecution with adult defendants when a juvenile
is charged in addition to one or more adults.[17]
In India, the Juvenile Justice Act
imposes limitations on the apprehension of minors and guarantees the offender
the entitlement to parole, regardless of the gravity of the offense. Handcuffed
juvenile offenders are not admissible in informal proceedings before the
Juvenile Justice Board, and government officials and police officers do not
require proper attire. The criminal's identity remains undisclosed to the
public, and news organizations or publications are prohibited from publishing
said name. Following the conclusion of the trial, the offenders are placed in
observation homes or other specialized facilities.[18]
The purpose of children's homes is to
provide shelter and care for children in need. The child-friendly efforts
launched by the Indian government demonstrate a commitment to provide
rehabilitation options for young criminals rather than putting their lives at
risk. Every provision aligns perfectly with the concepts and practices of
juvenile law.[19]
THE JUVENILE JUSTICE BOARD:
The Juvenile Justice Board is a
judicial entity tasked with the management of cases pertaining to children in
conflict with the law, specifically those who have been arrested[20]
or charged with an offense. This independent judicial body adjudicates minors
accused of minor, serious, or grievous offenses because they are not eligible
to appear in a traditional criminal court.
The board's principal responsibility
is to supervise the provision of care, treatment, protection, rehabilitation,
investigation, and final decision-making pertaining to the developmental
requirements of offenders who are adolescents. JJB is comprised of two social
workers, one of whom is a woman, and a Chief Judicial Magistrate or
Metropolitan Magistrate with a minimum of three years of experience. At each
phase of the proceeding, the board ensures that the parents or guardians of the
accused juvenile are duly informed. They ensure that the rights of every child
are safeguarded and promote the accessibility of legal assistance for juveniles
via legal service institutes. Fundamentally, JJB is responsible for supervising
and coordinating every facet of the investigation into a juvenile offender.[21]
Regarding the 2012 Delhi gang rape
and murder case (Mukesh & Anr. vs. State for NCT of Delhi & Ors),[22] according
to the JJ Act of 2000, the juvenile offender received a sentence of three years
in a reformation facility. Following the Supreme Court's decision in December 2015
to uphold the Act's legitimacy, the Delhi High Court declined to increase the
accused's sentence. Due to the miscarriage of justice that ensues, the victim's
relatives and the broader public organize a sizable protest. The Juvenile
Justice (Care and Protection of Children) Act, 2015, was subsequently passed by
the government as the Juvenile Justice (Care and Protection of Children) Bill,
2014. This amendment completely revised the JJ Act and made a number of other
enhancements that strengthened the juvenile justice system. The Act's primary
objective is to guarantee that a young person accused of a crime is held
accountable through counseling as opposed to punishment. The Act has designated
the subsequent attributes:[23]
Ø
Children
who were orphaned, abandoned, or surrendered were classified following the
passing of this Act.
Ø
Provide
a detailed explanation of the authority and responsibilities of the Child
Welfare Commission and Juvenile Justice Board.
Ø
The
Act categorized crimes into three groups: minor (up to 3 years of
imprisonment), severe (3 to 7 years of imprisonment), and heinous (up to 7
years of imprisonment).
Ø
Appropriate
mechanism for the adoption of orphaned, abandoned, and surrendered children.
Ø
Compulsory
registration of childcare facilities.
For serious offenses, individuals aged 16-18 are considered adults.
Differentiate between children requiring care and protection and children involved in legal conflicts.[24]
For serious offenses, individuals aged 16-18 are considered adults.
Differentiate between children requiring care and protection and children involved in legal conflicts.[24]
Subsequently, various policies,
organizations, and legislation for child welfare were established, such as the
National Child Labor Scheme, the National Commission for the Protection of
Child Rights, the United Nations Convention on the Rights of the Child (UNCRC),
the Child Labor (Protection and Regulation) Act, the Protection of Children
from Sexual Offenses Act (POCSO), and the POCSO Amendment Act 2019.
The Lok Sabha has passed the Juvenile
Justice (Care and Protection of Children) Amendment Bill, 2021,[25]
which aims to enhance laws for the adoption and protection of children. The
2021 Amendment transferred the authority to grant adoption orders from the
civil court to the District Magistrate to expedite outstanding adoption
proceedings.
CAN A MINOR BE PROSECUTED AS AN ADULT?
Individuals aged 16 to 18 who are
accused of serious criminal offenses and undergo trial may be subject to
prosecution as adults according to the JJ Act of 2015. Heinous crimes are
defined by the law as those that carry jail penalties exceeding seven years.
Potential offenses encompass rape, rebellion, murder, theft, people
trafficking, acid attacks, drug trafficking, and more.[26]
The Act mandates that the Board,
psychologists, psychosocial workers, and other specialists assess juvenile
offenders before they can be tried as adults.[27]
The examination examines the
juvenile's propensity for murder, the specifics of the offense, and the
offender's understanding of the consequences. The JJ Board must evaluate within
three months. If the juvenile offender understood the consequences, they could
be directed to the Children's Court. The Children's Court will determine
whether the offender will be prosecuted as an adult according to the Code of
Criminal Procedure. They must guarantee equitable trials and create
child-friendly settings when making decisions. Once a juvenile is brought
before the Board, a "First Summary Inquiry" is conducted, and the
Board decides to either close the case, send the juvenile to the Child Welfare
Center, release the juvenile on bond under probation officers, or place the
juvenile in an observation home.[28]
RIGHTS OF JUVENILE OFFENDERS:
The rights
encompassed within this category are the following: the ability to
cross-examine witnesses, maintain one's silence, obtain a transcript of the
trial proceedings, exclude juvenile cases from juries, secure legal
representation, present evidence, file an appeal, have parents or guardians
present at hearings, and ensure fair and expeditious trials. In addition, any
juvenile convicted of a crime is eligible to petition for anticipatory bail,
which may be granted by the Court of Session or the High Court pursuant to
Section 437 of the CrPC. In order to
prevent juveniles from being treated as serious offenders, the Juvenile Justice
Act of 2000 grants them bail provisions, protection from incarceration, the
elimination of disqualifications associated with convictions, and separate
proceedings from non-juveniles.[29]
CONCLUSION
The objective of the Juvenile Justice
(Care and Protection) Act is to reduce the incidence of criminal activities
committed by individuals aged between 16 and 18. Various causes, such as
inadequate parental supervision and education, are contributing to the rapid
increase in juvenile delinquency. This Act provides minors with many rights to
protect them and allow them to access the legal remedies stated.[30]
In the juvenile justice system in
India, as well as according to international standards, minors cannot be
prosecuted in the same manner as adults. A minor is deemed doli incapax,[31]
indicating a lack of mens rea, which means they are incapable of understanding
the consequences of their actions. Considering this rationale, juvenile justice
law, rather than adult criminal law, regulates how juveniles are treated. They
are exempt from imprisonment or capital punishment.
According to Indian law, State
Parties must promote setting a minimum age below which a child is considered
unable to commit a crime, as stated in Article 40(3)(a) of the CRC. As to
Section 82 of the Indian Penal Code, 1860, a child under the age of seven is
not considered legally responsible. Criminal liability begins at the age of
seven. According to Section 83 of the IPC, 1860, a child between the ages of 7
and 12 who lacks the maturity to comprehend the consequences of their acts and
was uninformed that their activities were illegal cannot be charged with a
crime. There has been a concerning increase in juvenile delinquency in Delhi,
the capital of India, and other regions of the country. There are nationwide
concerns about children participating in serious crimes such as murder,
attempted murder, kidnapping, and abduction.[32]
Discussions and arguments after the
December 2012 Delhi gang rape, commonly known as the Nirbhaya case, centered on
the juvenile justice system's lenient treatment of severe offenses. The
revelation that youngsters are capable of violence similar to adults prompted a
reassessment of how juvenile offenders are identified and handled in India. The
National Crime Records Bureau (NCRB) statistics shows an increase in juvenile
offenders, especially in the 16–18 age group. The NCRB data below illustrates the
trends in juvenile offenses.[33]
SUGGESTIONS
Potential strategies for mitigating
the problem of juvenile delinquency in India may be suggested. The Indian
government has undertaken progressive and audacious measures in an effort to
address the issue in question. However, implementation of these measures
requires improvement. Although a multitude of juvenile justice laws have been
enacted, their enforcement is not consistently maintained. It is imperative
that the Juvenile Justice Board members acquire specialized training in child
psychology and other pertinent fields to enhance their proficiency in these
domains. A specialized police unit is established at each police station to
address juvenile-related issues. In actuality, these specialized units are
non-operational. When reports of neglected children or juvenile delinquency are
received by the police, the department struggles to effectively handle the
situation as planned.
The police personnel exhibit a
deficiency in their sensitivity towards emergent challenges. Robust strategies
ought to be employed to guarantee the efficacious enforcement of legislation
pertaining to juvenile delinquency in order to comprehensively confront the
matter. Supervising the operations of shelter homes and observation houses is
of the utmost importance. Frequently, these areas designated for juvenile
rehabilitation encourage the juveniles to engage in additional illicit
activity. Rather than effectively confronting the matter at hand and offering
counsel to the occupants, numerous correctional facilities cultivate an atmosphere
that reintegrates youths into a life of criminal activity or delinquency. A
considerable number of ostracism occupants commit serious offenses.
Rehabilitative and reformative methods necessitate a nuanced approach.
Awareness and community participation regarding juvenile delinquency are
crucial. The implementation of preventive measures is vital to the operation of
the juvenile justice system. When society is aware of the challenges they face,
individuals can make a significant contribution to the rehabilitation of
neglected and underprivileged children. Informal organizations, such as
registered residential associations, may provide support in the reporting of
concerns pertaining to adolescents who display deviant or difficult-to-control
behavior. As stated previously in this paper, families serve as pivotal agents
of social control and socialization. Collectively with other fundamental social
organizations, societies can engage in preventive measures more effectively.
[1]Wrobleski.M,Henry(2000) an
introduction to law enforcement and criminal justice, Thomson learning,USA,pp-540-541
[2] Id.
[3] Chinte,C.l.(1949):fifty years of
juvenile court. In M.Bell(Ed.)Current approaches to delinquency, New York:
National Probation and Parole Association.
[4] Maruf, Mohammad Muntasir, Farzana
Rhaman et al (2015), “Socio- Demography, Substance Abuse and Offence Among
Inmates with Psychiatric Disorder in Female Juvenile Center, Bangladesh”.
PEOPLE: International Journal of Social Science. 1 (1): 500- 508
[5] Id.
[6] Id.
[7] Brandt, D. (2006), Delinquency, development, and
social policy, Yale University Press, London, 2006
[8] Choudhary, R. (2005), Law relating
of juvenile justice in India. Allahabad, Orient Publishing Company
[9] Id.
[10] The constitution of India,1950
[11] Id.
[12] Id.
[13] Id.
[14] Id.
[15] Kumari, V. (2017) The Juvenile Justice (Care and
Protection of Children) Act 2015- Critical Analysis, Universal Law Publications
[16] Tyagi, M. (2016) Analysis of Juvenile Crime, Economic
and Political Weekly, 51 (51): 17- 21
[17] Id.
[18] Id.
[19] Vadackumchery, J. (1996) Police and delinquency in
India., APH Pub. Co. New Delhi
[20] Id.
[21] Id.
[22] AIR 2017 SC (CRIMINAL) 899
[23] Id.
[24] Id.
[25] Id.
[26] Agarwal, D. (2018). JUVENILE DELINQUENCY IN INDIA-
LATEST TRENDS AND ENTAILING AMENDMENTS IN JUVENILE JUSTICE ACT. PEOPLE:
International Journal of Social Sciences, 3(3), 1365–1383
[27] Crime in India. (2014). National Crime Records
Bureau, Ministry of Home Affairs, Government of India, New Delhi.
[28] Id.
[29] Id.
[30]Dey, Mousumi (2014). Juvenile Justice
in India. International Journal of Interdisciplinary and Multidisciplinary Studies. 1 (6): 64-70
[31] Id.
[32] Id.
[33] Id at 5.
Article Information
INDIAS JUVENILE DELINQUENCY: CURRENT TRENDS AND THE ACCOMPANYING AMENDMENT TO THE JUVENILE JUSTICE ACT AUTHORED
Authors: ALPIKA SRIVASTAVA, DR. SHWETA JOSHI
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/05/11
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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