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INFLUENCE OF NATURAL LAW AND SOCIAL ENGINEERING THEORY OVER JUVENILE JUSTICE ACT 2015
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Article Details
“INFLUENCE OF NATURAL LAW AND SOCIAL
ENGINEERING THEORY OVER JUVENILE JUSTICE ACT 2015”
AUTHORED BY
- GEETA A. PATIL
CLASS: - L.L.M.
1ST Year, SEMISTER:II ROLL No:- 114
(2023-2024)
Progressive
Education Society’s Modern Law College
Ganeshkhind,
University Circle, Pune
Savitribai
Phule Pune University, Pune, 411007
ABSTRACT:
This study examines the impact of natural law and social engineering
theory on the Juvenile Justice Act of 2015.
Natural law theory posits that there are certain inherent, universal principles that should guide legal
systems, while social engineering theory suggests that laws should be designed to engineer social
outcomes. By analysing the provisions of the Juvenile Justice Act of 2015, this study explores
the extent to which these two theories
have influenced the
legislation's objectives and implementation. The findings reveal that the Act reflects
elements of both natural law and social engineering
theory, striving to strike a
balance between the rights of juveniles and the need to maintain social order. Additionally, the study highlights the challenges and
controversies that arise from the application of these theories in practice, including questions of culpability,
punishment, and rehabilitation for juvenile
offenders. Overall, the study contributes to the ongoing discourse concerning
the philosophical underpinnings and practical implications of juvenile justice
systems.
INTRODUCTION:
The Latin word "juveniles," which meaning "young," is
where the word "juvenile" first appeared.
The history of juvenile injustice can
be traced back to the Hammurabi Code of 1790
BC. Regarding the period prior to independence, Lord Cornwallis founded the
first homeless children's centre, or
"Ragged School," in 1843. Even when they don't deserve it, children still need love. A child is
innocent at birth, but because of inadequate care and direction, as well as unfavourable societal and environmental
influences, his mind may be predisposed to criminal
behaviour.1
As all children are precious and valuable assets for a country's future,
it is important to give them a
healthy atmosphere in order for them to grow up to be well-mannered citizens. Government, society, and the kid's parents
all have an obligation to ensure that the child grows up to be physically and intellectually healthy, involved
in social activities, and capable of making a positive
contribution to the nation rather
than turning to crime.
Every nation has a juvenile justice statute that outlines the
government's responsibility to rectify
and reform minors involved in criminal or illegal activities, as opposed to
imposing punishment. A juvenile is
defined as a youngster who has not
reached a particular age specified by national legislation and who is not yet old enough
to be considered an adult.
Each country has a different
juvenile age limit.
1https://www.collinsdictionary.com/dictionary/english/juvenile#:~:text=A%20juvenile%20is%20a%20child,be
%20regarded%20as%20an%20adult. Last seen 20/04/2024
History of Juvenile Justice
Minors beyond the age of seven who were suspected of crimes were
transported to adult jails, where
they learned more about crimes rather than reforming, before to the nineteenth
century when minors were seen as
young adults and tried as adults in court. For this reason, several states began to establish reform schools
and child labour farms. Following that, in Chicago, the United States established the first juvenile
court in 1899, making legal history by acknowledging that children are not as developed as adults but can nevertheless be transformed into
morally upright individuals. Then, in 1985, the United Nations standard minimum
rule for the administration of juvenile justice
was introduced. It defines a juvenile as a young person under the jurisdiction
of the relevant legal system who must be dealt with for any offences. It also stipulates that the age at which a juvenile becomes criminally responsible must be established based on the juvenile's
intellectual, emotional, and mental integrity.
Perhaps most importantly, it mandates that a juvenile be kept apart from an
adult. Then, starting in the 1990s, a
lot of nations implemented juvenile justice systems. The United Nations Convention on the Rights of the
Child, which was adopted in 1989, granted every child four categories
of rights: civil, political, cultural,
social, and economic.
Then criticism of children's court surfaced, claiming
that minors are not informed of their crimes and that their trials are conducted without
legal representation. The United States
Supreme Court ruled in Kent v. United States in 1996
that minors have the right to know about their offence and to be advised by an appropriate council. The juvenile court system then saw an increase
in procedural formality in the 20th century thanks to the Supreme Court.2
Juvenile Delinquency
Juvenile delinquency is defined as any action or inaction of moral
behaviour that is not accepted by
society. A child who engages in such behaviour is deemed delinquent. The Latin root of the word "delinquency"
means "to depart from or abandon." It refers to kids who engage in risky and
unlawful behaviour because
they are neglected by society or their parents. Any
criminal activity committed by a child is classified as juvenile delinquency.
The general definition of juvenile
delinquency, a behavioural disorder, is when a child attempts to act like an adult by pretending to grow
up. The term "delinquent" can be interpreted in a variety of ways, but Clyde B. Yedder
provided the clearest definition when he stated that juvenile delinquency pertains to anti-social behaviour committed
by minors. Juveniles who engage in
delinquent behaviours include running away from home, using foul language, committing multiple offences, working
illegally, stealing, becoming addicted to drugs, and engaging in other antisocial behaviour. Juvenile justice emerged
as a result of this juvenile delinquency,
and it has lately grown in significance within the field of criminology. The primary
goal of juvenile delinquency is to protect
children's rights, provide
them with care
2 https://www.legalserviceindia.com/legal/article-3089-juvenile- justice.html#:~:text=On%201989%20came%20the%20UN,case%20of%201996%20Kent%20V. Last seen
and protection, treat neglected and delinquent children, and give them the opportunity to grow up to be productive members of society.3
In many countries there is a minimum age of a child above which he/she is
considering lo be liable for performing any crime:
In England and Whales for several offences children above the age of 10
years are held criminally liable. In
Australia a child above the age of 14 years are held responsible for any crimp, activity.In U.S. The minimum age
for child to be held criminally responsible is 12 years in New York and Texas
the age is 17 year, etc.4
Juvenile Justice
System in India
Before 1960, there was no uniformity in India regarding
the age limit for juvenile
delinquency. Each state had its own Children Act, with varying age
limits. For example, the Bombay
Children Act 1948 defined a child as a boy who had not reached the age of
sixteen, while the U.P. Children Act
defined a person under the age of sixteen. In 1939, India signed the UN Declaration on the Rights of the
Child, and in 1960, the country passed the Children Act 1960, which applied to all of India, including
Union Territory except Jammu and Kashmir.
Under this Act, any individual who had not
reached the age of fourteen
was considered a child. But
then due to the Standard Minimum Rules for the Administration of Juvenile Justice adopted by U. N countries
in November 1985, India have to repeal the Children Act 1960
and bring a new act Juvenile Justice
Act 1986.5
The definition of a child or juvenile under this act was defined as a
girl who does not turn eighteen and a
boy who does not turn sixteen. The United Nations then adopted a convention on the rights of children on November 20, 1989, which defined a child as
any individual under the age of
eighteen. Due to this, the Juvenile Justice (Care and Protection Act) 2000 in India forced the revocation of the
Juvenile Justice Act of 1986. In this case, the age of juvenile status has been set at 18 for
both males and females. This states that a juvenile may receive a maximum sentence of three years, but during that time,
he will not be housed in a regular jail but rather in a reform home where he can be rehabilitated to become a contributing
member of society. However, with the rise of juvenile delinquency in India, things have changed. Western culture had
an impact on children, and from 2003 to 2013, the percentage of juvenile
offenders rose from 1% to 1.2%. Of those accused
of crimes, 70% were between
the ages of 16 and 18. The most significant case of 2012 was THE NIRBHAYA
CASE, in which an accused person who was six months underage at the time of the case was involved.
These all incidents forced the Legislature to replace the Juvenile
Justice (Care and Protection) Act of 2000
with new Juvenile Justice
Act of 2015 and said due to increase of heinous crimes
3https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5288089/#:~:text=Juvenile%20delinquency%20is%20a%20ter
m,according%20to%20the%20local%20jurisdiction. Last seen 20/04/2024
4 https://www.lawteacher.net/free-law-essays/criminal-law/the-age-of-criminal-responsibility.php Last
seen 20/04/2024
by Juvenile and to safeguard
the right of the victim from the crimes like rape and murder it is hard to believe
that the juvenile
was not aware about the consequences.
According to this Act, a person is considered a child if they have not
reached the age of 18. However, this law adopted
the principle of doli in capex, which
means that a minimum
age is required for a child to be capable of committing crime. In
India, a child is considered incapable
of committing a crime if they are younger than seven. Between the ages of seven and twelve, there is an assumption of
innocence in favour of the child, but if it is proven through evidence that the child committed the crime, they can be
prosecuted. Additionally, under this
new bill, children between the ages of 16 and 18 who are liable for any heinous crime can be tried as adults.6
Aims and objective of the Act:
This act define Child into two categories. child in conflict
with law - section -13. child in need
of care and protection - section - 14The children who falls under the category
of " Children in Conflict with
Law "for them thecompetent authority is the Juvenile Justice Board, and the children who comes under the
categoryof " Child in need of Care and Protection " for them the competent authority is Child
Welfare consideration with due regard to the age and maturity of the child.
Principle of best interest: All decisions regarding
child are to be based on the
primary consideration that they are
in the best interest of the child and are to help the child to develop his full
potential.
Principle of family responsibility: The primary responsibility of care,
nature and protection of the child is hat of the biological family
or adoptive or foster parents, as the
case may be.
Principle of safety: All measures are to be taken to ensure that the
child is safe and is not subjected to
any harm, abuse or maltreatment while in contract with the care and protection system,
and thereafter.
Positive measures: All resources are to be mobilized including
those of family and community, for promoting the wellbeing facilitating
development of identity and providing
an inclusive and enabling environment, 10 reduce vulnerabilities o
children and the need for intervention under this
Act.
Principle of non-stigmatizing semantics: Adversarial or accusatory words
are not to beused in processes pertaining to a child.
Principle of non-waiver of rights: No waiver of rights of the child is
permissible or valid whether sought
by the child or person acting on behalf of the child, or Board or a Committee and any non-exercise of a fundamental right shall not amount 0 waiver.
Principle of equality and non-discrimination: There shall no
discrimination against a child on any
grounds including sex, cast, ethnicity, place of birth, disability, offence
committed and equality of access, opportunity and treatment are to be provided
to every child.
Principle of right to privacy and confidentially: The child has a right
to protection of his privacy and confidentiality, by all means and throughout the judicial process.
Principle of Institutionalization as a measure
of last resort: A child is to be placed in institutional care as a step of last
resort after reasonable inquiry.
Principle of repatriation and restoration : Every child in the juvenile
justice system has the right to be
re-united with his family at the earliest and to be restored to the same socio- economic and cultural status that he was
in, before coming under the purview of the Act, unless such restoration and repatriation is not
in his best interest.
Principle of fresh start: All past records of any child under the
juvenile justice system should be erased
expect in special circumstances.
Principle of diversion: Measures for dealing with children in conflict
through their interests resorting to
judicial proceedings is to be promoted unless it is in the basis of the child
or the society as a whole.
Principle of natural justice: Basic procedural standards of fairness
shall be adhered including the right
to a fair hearing, rule against bias and the right to review, by all persons or
bodies, acting in a judicial capacity under the Act.7
Application of Social engineering under Juvenile Justice
Act:
Legislators and judges should respect societal interests and act
accordingly when drafting, interpreting,
and implementing laws. The sociological school of jurisprudence, which focuses primarily on the role of law, is where
the social engineering theory originated. They never again approached law in an abstract or mechanical way. The idea
that law is a tool for change is
highlighted by the social engineering theory. Law serves the purpose of
balancing society's competing and conflicting interests. Three categories of societal interest
were identified by the
theory. Individual interest comes first, followed by public interest and
societal interest. similar to an
engineer who conducts research and uses the results to create a particular invention that advances society. The role
of legislators, judges, and solicitors is to apply their creativity to the best interests of society. The Nirbhaya rape
case is a prime example of how the social engineer theory can be applied. One of the six accused in the aforementioned case is
a minor and is only six months short of completing the 18 years required. He
was one of those who committed
horrible acts with far too much brutality. As a result, it is evident from the scenario that there is a conflict
between social and individual interests. Since the law only stipulates a three-year sentence for
someone who is just six months shy of turning eighteen, this person will be tried as a juvenile. As a result, there is a
lot of agitation regarding the requirement that an individual who is between
the ages of 16 and 18 and possesses appropriate maturity try their case in an adult criminal justice
system. As a
result, it's
important to strike a balance
between societal and individual conflicts. Due to the legislature's
need to strike a balance between these interests, the juvenile justice
amendment act of 2015 was passed through a specific
process.
When a minor, aged 16 to 18, is arrested for a serious or heinous
offence, the juvenile justice board
must conduct a preliminary evaluation of the minor's mental and physical
abilities as well as their
comprehension maturity. The child in conflict with law will be transferred to
the children's court to face an adult
trial upon satisfaction of the same. In order to confirm whether the child in conflict with law should be tried as an
adult or a juvenile, the children court
will also conduct a second check for such preliminary inquiries. This check
will review the preliminary assessment report once more. This case law is significant because it forced
the legislature to amend the Juvenile Justice Act of 2000 by incorporating
social engineering theory.8
Mukesh
& Anr vs State For NCT Of Delhi & Ors on 5 May, 2017 (2017) 6 SCC 1 (Nirbhaya Case)
A twenty-three year old woman, a para medical student, who had gone with
her companion to watch a film at
PVR Select City Walk Mall, Saket on a night got into a means of transport at Munirka transport stand to be dropped at a
specific spot; One of accused persuaded them to get on vacant transport with coloured /tinted windows. Where
they were attacked by six guys, one
of whom was a minor, age 17. The companion, when he attempted to secure
Nirbhaya (Nirbhaya is the pseudonym
used for the rape victim) was pummelled and beaten by the culprits. Nirbhaya was explicitly damaged
and sexually violated, her body was mutilated, and private parts were ruptured to give vent to their degenerate
sexual appetite. Her intestinal tracts
were pulled out, and private parts were ruined and mutilated and she became a
prey to the lust of gang of six and
brutal assault. The companion of the young lady was able to survive regardless of being tossed outside
the transport alongside the young lady and the
endeavour of the charged appellants to run over them got vain as Nirbhaya and her companion, by their slight movement could
escape from being squashed under the transport, and the appellant left them believing that they were not anymore
alive. Lying exposed, as the garments
were expelled from their bodies. they yelled for help and a favourable luck
would have it, the late evening
patrolling vehicle, a motorcycle, showed up and the said man, Raj Kumar, gave the shirt to her companion and
reached the control room from which a Bolero
watch van came and they brought a bed sheet and torn it in to sections
and gave a piece to each so that they
could cover themselves and feel civil. The PCR van took the victims to the Safdarjung Hospital where treatment
initiated. Late, Nirbhaya died of various organ failure, internal bleeding, and cardiac arrest at a hospital in Singapore
where she had been taken to with the
expectation that her life could be saved There was a great deal of social shock because of the gruesome occurrence. There
was a great deal of candlelight march, solidarity movements, and protests.
The shock was not confined
of India, the entire world had formed
an opinion about India.
8 https://indialawyers.wordpress.com/judicial-activism-judges-as-social-engineers/ Last seen 20/04/2024
ISSUES RAISED
-
Whether a juvenile
committing the offence
should get punishment equivalent to the adult?
Comments on the Case.
The "Nirbhaya" rape case in Delhi became a critical turning
point for the feminist movement and
Indian women's activists, garnering significant national and international
attention. Since this incident,
India's government has managed to advance laws and policies pertaining to violence against women. Her case sparked
the historic "Nirbhaya Movement," which brought attention
to the pervasiveness of sexual violence against
women in India. The Indian government
was forced to act by a fight, demonstrations, and public pressure from across
the country and the world. They
established the Verma Committee, an elite group headed by Justice Verma, the former Chief Justice of India.
Their main recommendations were to redefine
"rape" to include non-penetrative sex, create new offences for acts
like acid attacks and sexual harassment, and increase the severity of sentences for those offences.
The Criminal Law Amendment Act
of 2013, also known as the anti-rape act, brought these recommendations fully into the Indian Penal Code. The National
Crime Records Bureau released a
statement stating that although the number of rape cases had decreased, more
had been reported, and the National Commission for Women had completed the task of redesigning the IPC's provisions pertaining to sexual assault. These clauses reclassified molestation, rape, and consent. Following the 2013 Amendment
Act, Section 166 A was added to
address the offence of disobedience of the law by a public servant. The
punishment for this offence is strict
detention for a term of six months to two years, along with a fine. incorporation of Sections 326A and B,
which expand on the acid attack problem. It is now considered a specific offence under the Act and is punishable by
a fine, a term of 10 years in prison
that can be extended to life, or both. the addition of Section 354A, which
addresses sexual harassment and its
penalties. addition of section 354 B, which addresses the crime of forcing a woman to remove her clothes
addition of Section 354 C, which addresses the crime of voyeurism, which is the observation of a woman performing a
private act, such as a sexual act, or
baring her sexual organs. the addition of Section 354 D, which addresses
stalking as a crime. The consent age was raised from sixteen
to eighteen years old.9
Conclusion:
The natural law theory and theory of social engineering influenced the
Juvenile Justice Act to great
extent. It helps the Juvenile Justice and child welfare committee to consider
the social investigation report while
giving effect to the provisions of the act. The approach of these natural law theory and social background
and stakeholder is towards the best interest of child. Bioengineering theory is useful in true sense in giving
justification to the law.
9 Mukesh & Anr vs State For Nct Of Delhi & Ors on 5 May, 2017 (2017) 6 SCC
1
Bibliography:
Acts and statutes
1. Juvenile Justice Act 2015
Books
1.
G S Bajpai’s Juvenile
Justice impact and implementation in India
2.
D
D Basu’s Constitution Of India Citation
1. Mukesh & Anr vs
State For Nct Of Delhi & Ors on 5
May, 2017 (2017) 6 SCC 1
Websites
1. https://www.collinsdictionary.com/dictionary/english/juvenile#:~:text=A%20juvenile%20is%20a%20c
hild,be%20regarded%20as%20an%20adult. Last
seen 20/04/2024
2.
https://www.legalserviceindia.com/legal/article-3089-juvenile justice.html#:~:text=On%201989%20came%20the%20UN,case%20of%201996%20Kent%20V.
Last seen 20/04/2024
3. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5288089/#:~:text=Juvenile%20delinquency%20is%20
a%20term,according%20to%20the%20local%20jurisdiction. Last seen 20/04/2024
4. https://www.lawteacher.net/free-law-essays/criminal-law/the-age-of-criminal-responsibility.php Last seen
20/04/2024
5.
https://www.legalserviceindia.com/legal/article-6794-juvenile-justice-system-in-india.html Last
seen 20/04/2024
6.
https://indialawyers.wordpress.com/judicial-activism-judges-as-social-engineers/ Last seen 20/04/2024
Article Information
INFLUENCE OF NATURAL LAW AND SOCIAL ENGINEERING THEORY OVER JUVENILE JUSTICE ACT 2015
Authors: GEETA A. PATIL
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/24
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
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