Open Access Research Article
An Analysis On The Juvenile Justice System In India
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Article Details
An Analysis On The Juvenile Justice
System In India
Auhored by - Ankit Kumar Pambhoi
BBA.LLB(Hons) , Alliance School Of
Law,
Alliance University, Bangalore
Co-Author - Gilbo Christ. E
BBA.LLB(Hons), Alliance School Of
Law,
Alliance University, Bangalore
Abstract:
The juvenile justice system in India
is a structure created to meet the needs and defend the rights of children who
are in legal trouble. This system acknowledges that juvenile offenders should
not be treated as adult criminals because they have not yet reached their full
potential in terms of mental, emotional, or social development. Instead, they
need particular care and consideration to help them change and reintegrate into
society. The Juvenile Justice (Care and Protection of Children) Act, of 2015,
establishes guidelines for the care, protection, and rehabilitation of children
in conflict with the law. The system performs a variety of functions, including
juvenile identification and processing, rehabilitation and reintegration, care
and protection, crime prevention, and monitoring and evaluation. The juvenile
justice system in despite some criticisms In India, the juvenile justice system is vital to
safeguarding the welfare of children who are in legal trouble and
defending their rights.
Keywords: Juvenile, children, rehabilitation,
reintegration, legal
Introduction
The Juvenile Justice System in India
is a framework designed to cater to the needs and protect the rights of
children in conflict with the law. The system recognizes that children who have
committed offenses are not fully developed mentally, emotionally, or socially,
and hence should not be treated as adult criminals. Instead, they require
special care and attention to reform and reintegrate them into society.
The
Juvenile Justice (Care and Protection of Children) Act, of 2015, replaced the
earlier Juvenile Justice (Care and Protection of Children) Act, of 2000, and
laid down new provisions for the care, protection, and rehabilitation of
children in conflict with the law. The Act defines a "juvenile" as
any person who has not completed eighteen years of age.
The
role of the Juvenile Justice System in India is multi-fold. The system aims to
protect the rights of children and ensure their well-being while providing them
with access to justice. The following are some of the key roles of the Juvenile
Justice System in India:
1.
Identification and processing of
juveniles: The system is responsible for identifying juveniles
who come in conflict with the law and processing their cases through a
child-friendly and non-adversarial approach. The system also ensures that the
identity of the juvenile is kept confidential.
2.
Rehabilitation and reintegration: The
system aims to rehabilitate and reintegrate juveniles back into society by
providing them with education, vocational training, counselling, and other
forms of support.
3.
Protection and care:
The system ensures that the best interest of the child is the primary
consideration in all decisions related to the juvenile. The system also
provides for the care and protection of children who are victims of abuse,
neglect, or exploitation.
4.
Supportive environment:
Prevention is and development of children and creating a supportive environment
for their growth.
5.
Monitoring and evaluation:
The system monitors the progress of juveniles who are undergoing rehabilitation
and reintegration and evaluates the effectiveness of the rehabilitation
programs.
The Juvenile Justice System in India has faced criticism in the past for
being too lenient towards juvenile offenders. However, the system has evolved
over the years to strike a balance between the need for justice and the rights
of the child. The system recognizes that children who commit offenses require
care and support rather than punishment and aims to provide them with
opportunities for growth and development.
METHODOLOGY:
The study has adopted the doctrinal
approach to research, which mainly uses secondary sources. We have consulted as
many sources as possible, including books, journals, as well as various
articles and lectures by eminent legal scholars from India and other countries.
The following techniques have been used to fulfill the goals of our study
and collect the necessary data:
1. Study of the research books
already in existence.
2. Books and journals that are both
primary and secondary sources.
3. Online browsing.
4. Listening to the lectures of
leading jurists.
5. Study of various committee reports
and other Governmental Publication
RESEARCH QUESTION:
What are the roles of the juvenile
justice system in India?
RESEARCH OBJECTIVE
To know
about the roles of the
juvenile justice system in India.
HISTORY OF THE JUVENILE
JUSTICE SYSTEM IN INDIA
India is home to one of the largest
populations of children in the world. The country has made significant progress
in improving the lives of children in recent years, but challenges remain,
particularly when it comes to children who come into conflict with the law. The
juvenile justice system in India is responsible for handling cases involving
children who are accused or convicted of committing crimes. The system is
governed by the Juvenile Justice (Care and Protection of Children) Act, of
2015, which replaced the earlier Juvenile Justice Act, of 2000.
In the modern era, there has been a
global movement for the special treatment of juvenile offenders, especially in
many industrialized nations like the United States and the United Kingdom.
Midway through the eighteenth century, this movement got started. In the past,
juvenile offenders received the same treatment as more serious offenders. For
the same reason, on November 20, 1989, the UN General Assembly passed the
Declaration on the Rights of the Child. The goal of this agreement is to
safeguard young offenders' best interests.
The Treaty stipulates that juveniles
will not be the subject of any legal or judicial actions to protect their
social rehabilitation. The Convention requests that the Juvenile Justice Act of
1986 be repealed and replaced with new legislation. As a result, the
"Juvenile Justice (Care and Protection of Children) Act, of 2000" was
passed by the Indian legislature.
In order to comply with the recommendations made in the UN
Basic Executive Regulations for Young Offenders, which were ratified in
November 1985, the Juvenile Justice Act of 1986, which modified the earlier
Children's Act of 1960, was enacted. The aforementioned Act, which was
applicable to the entire country of India, was broken down into 63 sections and
7 chapters. The primary goal of the law is to offer abused juvenile offenders
protection, support, rehabilitation, training, and treatment.
DEFINITION OF CHILD
The term
"child" was defined in section 2(12) to refer to a child under the
age of 18. Juvenile refers to a person under the age of 18 in Section 2(35). In
the 2015 Act, the term "juvenile" is defined for the first time. A
child who lacks biological parents, legal guardianship, adoptive parents, or
guardianship under Section 2 (42) is referred to as an orphan.
According to Section 2
(60), a child is deemed to be a "surrendered child" if their
biological or adoptive parents, guardians, or parents have waived their rights
due to a child's physical, mental, or other disability or a social factor that
cannot be changed by them. A child who has committed minor, major, or heinous
crimes, also known as a "child in conflict with the law," is referred
to in Section 2 (13) as a "child in violation of the law."
DISTINCTION BETWEEN
JUVENILE & CHILD
A minor is a natural person who is
either younger than 18 years old or has not attained the age of majority and
legal responsibility. Even though a minor is someone between the ages of 16 and
18, the accused child is not tried as an adult but rather is sent to a
children's treatment center. The young offender has been charged and is
currently standing trial as an adult.
Both terms have the same definition
in general; the distinction is in the context of the associated legal repercussions.
A child or juvenile is referred to as a juvenile, whereas an immature person or
young offender/offender is referred to as a juvenile.
OVERVIEW OF THE JUVENILE JUSTICE
(CARE AND PROTECTION OF CHILDREN) ACT, 2015
The Juvenile Justice (Care and
Protection of Children) Act, of 2015, is the primary legislation governing the
juvenile justice system in India. The Act defines a child as a person who has
not completed eighteen years of age. The Act aims to ensure that children in
conflict with the law receive appropriate care, protection, and rehabilitation
and that their rights and best interests are protected. The Act also emphasizes
the need to treat children in a manner that is consistent with their age and
developmental stage, and that takes into account their social, cultural, and
economic background.
The Act provides for the
establishment of Juvenile Justice Boards (JJBs) and Child Welfare Committees
(CWCs) at the district and state levels. The JJBs are responsible for hearing
cases involving children in conflict with the law, while the CWCs are
responsible for the care and protection of children in need of care and
protection. The Act provides for a range of measures to ensure the effective
functioning of JJBs and CWCs, including training programs, capacity building,
and the provision of resources and facilities.
JUVENILE JUSTICE BOARDS AND CHILD WELFARE COMMITTEES
The
Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs) are the two
key institutions responsible for implementing the juvenile justice system in
India. The JJBs are composed of a judicial magistrate and two social workers,
one of whom must be a woman. The JJBs are responsible for hearing cases
involving children in conflict with the law, determining guilt or innocence, and
imposing appropriate measures for rehabilitation and reintegration into
society. The JJBs are also responsible for ensuring that children in conflict
with the law are treated in a manner that is consistent with their age and
developmental stage.
The Child
Welfare Committees (CWCs) are responsible for the care and protection of
children in need of care and protection. The CWCs are composed of a chairperson
and four other members, including at least one woman. The CWCs are responsible
for determining the status of children in need of care and protection, such as
abandoned, orphaned, or neglected children, and for ensuring that appropriate
measures are taken to protect their rights and best interests.
REHABILITATION AND REINTEGRATION MEASURES
The
Juvenile Justice (Care and Protection of Children) Act, of 2015, emphasizes the
importance of rehabilitation and reintegration measures for children in
conflict with the law. The Act provides for a range of measures to help
children in conflict with the law reintegrate into society, including
counseling, education, vocational training, and skill development. The Act also
provides for the establishment of Observation Homes and Special Homes, where
children can be housed and receive care, protection, and rehabilitation
services.
OBSERVATION HOMES AND SPECIAL HOMES
Observation
Homes are temporary facilities where children in conflict with the law are
housed during the pendency of their case. These homes are meant to provide a
child-friendly environment that encourages the physical, emotional, and
intellectual development of children. The homes are required to provide basic
amenities such as food, clothing, shelter, and medical care to the children. In
addition, the homes are also required to provide education and vocational
training to the children to prepare them for their eventual release.
Special
Homes, on the other hand, are long-term facilities where children who are
convicted of an offense can be housed and receive care, protection, and
rehabilitation services. The homes are meant to provide a safe and supportive
environment that enables the children to develop their potential and lead
productive lives. The homes are required to provide education, vocational
training, counselling, and other rehabilitation services to the children.
REHABILITATION SERVICES
The
Juvenile Justice (Care and Protection of Children) Act, of 2015, emphasizes the
importance of rehabilitation and reintegration measures for children in
conflict with the law. The Act provides for a range of rehabilitation services
to help children in conflict with the law reintegrate into society. These
services include counselling, education, vocational training, and skill
development. The Act also provides for the establishment of After Care
organizations, which are meant to provide support and guidance to children
after their release from Special Homes.
CHALLENGES FACED IN IMPLEMENTING
REHABILITATION MEASURES
Despite
the provisions in the Juvenile Justice (Care and Protection of Children) Act,
of 2015, there are several challenges faced in implementing rehabilitation
measures. One of the main challenges is the lack of adequate resources and
infrastructure to provide rehabilitation services. Many Observation Homes and
Special Homes lack basic amenities and facilities, making it difficult to
provide quality care and rehabilitation services to the children.
Another
challenge is the lack of trained professionals to provide counselling and other
rehabilitation services. The shortage of qualified social workers,
psychologists, and vocational trainers makes it difficult to provide
comprehensive rehabilitation services to children.
Moreover,
there is a lack of coordination between different agencies responsible for
providing rehabilitation services. Often, different agencies work in silos,
leading to duplication of efforts and inefficient use of resources.
POSSIBLE SOLUTIONS TO ADDRESS THE CHALLENGES
To address
the challenges faced in implementing rehabilitation measures, there is a need
for the government to allocate adequate resources and improve infrastructure in
Observation Homes and Special Homes. The government should also focus on
training and recruiting more qualified professionals to provide rehabilitation
services. Additionally, there should be greater coordination between different
agencies responsible for providing rehabilitation services to ensure efficient
and effective delivery of services.
To address the criticisms and challenges faced
in implementing the Juvenile Justice (Care and Protection of Children) Act,
2015, there is a need for greater awareness among stakeholders about the
provisions of the Act. The government should conduct awareness campaigns to
educate law enforcement agencies, judicial officers, and social workers about
the Act. The government should also allocate adequate resources to JJBs and
CWCs to improve their infrastructure and facilitate their functioning.
CASES ON THE JUVENILE JUSTICE SYSTEM
IN INDIA
In Gaurav
Jain v. Union of India[1], the Supreme Court
of India discussed the preamble of the Constitution and stated that it is an
integral part of the Constitution of India and that children have the right to
equality of opportunity, dignity and care, protection and rehabilitation of
societies with both hands. This was done during negotiations with a written
proposal in accordance with Article 32 of the Constitution regarding a
difficult situation involving prostitutes or fallen women and their offspring.
The
Supreme Court of India stated in Laxmi Kant Pandey v. State [2]that every child
has the right to love and affection as well as moral and material security and
that these rights can be met if the child is raised in a family. The court also
stated that after domestic adoption has been exhausted, international adoption
should be permitted.
Some event
becomes a mile that shook the psyche of a society or a nation in Subramanian
Swamy v. Raju Thr[3].
member of the Council for Juvenile Justice. A 23-year-old university student
was gang-raped in a running bus in the Delhi Gang Rape Case in December 2012 by
6 people, one of the homes was a few months younger than 18. As a result, the
juvenile defendant who was accused and tried in JJB was sent to a special home
for three years. A juvenile could move freely in society even after committing
the heinous crimes of rape and murder, which included sticking an iron rod into
the victim's private area.
Dr.
Subramaniyam Swami, a Rajya Sabha member, former law minister, and senior
Supreme Court advocate, has filed a request with the court asking for an order
prohibiting the release of a particular juvenile from a special home. Because
the current law does not permit it, the Supreme Court of India stated that it
was powerless to stop the release of a deployed minor. Swami should approach
the Indian Parliament to request the necessary changes to the law, which would
increase the punishment for such offenses. Nothing here would be taken out of
context. to point
out that the juvenile who was deployed was housed in a special facility along
with the suspect in the Delhi Blast Case. Thus, it is simple to imagine how the
blast suspect's impact would affect a dejected cub and vice versa.
The cub
was released from the observation home and later discovered committing an even
more heinous crime in a strange home, it was further observed. It follows that
the question of whether this reformatory can fulfill the objectives for which
these houses were built naturally arises.
CONCLUSION
A. Summary of Key
Findings
The
Juvenile Justice System in India has evolved over the years, with the
introduction of the Juvenile Justice (Care and Protection of Children) Act,
2015, which seeks to provide care, protection, and rehabilitation to children
in conflict with the law. However, the implementation of the Act has been
hampered by several challenges, including the lack of resources,
infrastructure, and trained professionals. The juvenile justice system in India
has also been subject to several criticisms, including its effectiveness in
deterring juvenile crime and its fairness and impartiality.
B. Implications for
Future Research
Future
research should focus on evaluating the effectiveness of rehabilitation measures
provided to children in conflict with the law in India. Research should also
focus on identifying best practices in other countries that can be adopted in
India to improve the juvenile justice system. Additionally, research should be
conducted to understand the reasons for the high rates of recidivism among
juveniles in India.
C. Recommendations
for Improving the Juvenile Justice System in India
To improve
the juvenile justice system in India, there is a need for greater awareness
among stakeholders about the provisions of the Juvenile Justice (Care and
Protection of Children) Act, 2015. The government should allocate adequate
resources to JJBs and CWCs to improve their infrastructure and facilitate their
functioning.
There
should also be greater coordination between different agencies responsible for
providing rehabilitation services. Additionally, the government should focus on
training and recruiting more qualified professionals to provide rehabilitation
services to children in conflict with the law. Finally, there should be a
greater emphasis on research to identify best practices and evaluate the
effectiveness of rehabilitation measures in India.
BIBLOGRAPHY:
Books:
Juvenile Justice: Impact and
Implementation in India. G S Bajpai.
Cases:
Gaurav Jain v. Union of
India,1990 AIR 292, 1989 SCR
Supl
Laxmi Kant Pandey v.
State,1984 AIR469
Subramanian Swamy v.
Raju Thr,2018
Website
Legal
service India https://www.legalserviceindia.com
edubirdie https://edubirdie.com
Article Information
An Analysis On The Juvenile Justice System In India
Authors: Ankit Kumar Pambhoi, Gilbo Christ. E
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/04
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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