Open Access Research Article
JUVENILE JIUTICE IN INDIA: JUDICIAL TRENDS BY – ABHISHEK BENJWAL
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Article Details
JUVENILE JIUTICE
IN INDIA: JUDICIAL
TRENDS
AUTHORED BY – ABHISHEK BENJWAL
SEMINAR PAPER SAP ID- 500108721 LLM
BATCH 2022-23
UNIVERSITY OF PETROLEUM AND ENERGY
STUDIES MENTORED BY
DR. HEMANGINI SHARMA
TABLE OF CONTENT
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TITLE
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1.
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Abstract
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2.
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Keywords
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3.
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Objectives Of The
Study
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4.
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Research Methodology
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5.
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Literature Review
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6.
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Hypothesis
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7.
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Scheme Of The Study
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8.
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Introduction
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9.
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Historical Background Of Juvenile Justice
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10.
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Legislative Polices In India
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11.
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Judicial Trends In Juvenile Justice System In India
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12.
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Conclusion And Suggestions
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13.
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Bibliography
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ABSTRACT:
A child is the bedrock which holds
the future of a nation. Children are the incomparable resources of a country. They lead the nation, generate
national prosperity, care for and ensure the safety of the community to which they belong to. The
development and welfare of any region relies generally upon the wellbeing and prosperity of the children
living in it. Truly said that “who holds the souls of children holds the nation”. Mental and social wellbeing
of country is brought mainly through the way where it is drafted in the primary phase. As per Justice
Krishna Ayer “Winston Churchill said, ‘there is no finer investment for any community than putting milk into
babies.’ This deep appeal to the people everywhere, this fundamental faith in juvenile justice, this recognition of the
worth of the infants born and unborn is the beginning
of juvenile justice”. According to Hirschi and Gottfredson (1983)- “Crime has a
very strong relationship with the age
as age-crime relationship is universal”. Substantially, it has been observed
that delinquency or criminality is
the most in adolescence and lowers down with age.On the other hands, the changing social attitudes towards criminality by children have been a matter of concern for which
a child friendly juvenile justice system has been provided. Offences against
children and juvenile offence has
become an independent issue. It is indeed a good beginning for creating awareness
about the rights
relating to children.[1]
KEY WORDS: Child,
Juvenile, Judicial, Delinquency, Justice, Crime.
OBJECTIVES OF THE STUDY
1.
To show the legal aspects of the juvenile justice in India.
2.
To know the Social Profile
of the Juveniles in conflict with law in Country and to examine the reasons with regard to
individual and Socio-economic factors responsible for the
deviant behavior of Children in conflict with law.
3.
To study the historical Background of juvenile justice
system.
4.
To analyze judicial
trends in respect
of juvenile justice
in India.
5.
To suggest measures
for better implementation of the Act and
Schemes.
RESEARCH METHODOLOGY
The study is mainly doctrinal. The doctrinal analysis is based on both
primary and secondary evidence that
was acquired from a variety of sources, including law journals, books,
newspapers, and other
websites. The decisions
of the Supreme Court and the High Courts were examined.
Information and data were gathered from the official website of the
national crime bureau of India in
order to have a thorough understanding of the mechanism of the justice delivery
system with regard to the juveniles who are
in conflict with the law.
LITERATURE REVIEW
In
literature review, some studies on the research are shown to find out research
gap to pursue this study. The place,
time and environment are closely associated with crime. A historical view
is vital to a proper understanding of modern problem. In this research
different patterns and trends of juvenile
crime, studied by various sociologist and criminologist all
over the world.
HYPOTHESES
1. The socio-economic conditions are a cause
for increase in juvenile crimes.
2.
Improper implementation of government
schemes meant for people below poverty line is accelerating juvenile crimes.
3.
Lacunas in the procedures followed
by different institution of the system a cause for ineffective implementation of the juvenile system.
SCHEME OF THE STUDY
Chapter I: Introduction
Chapter II: Historical Background Chapter III: Legislative Polices
in India Chapter
IV: Role of Judiciary
Chapter V: Conclusion and Suggestions
CHAPTER 1 INTRODUCTION
1.1 INTRODUCTION
Children in India constitute nearly forty percentage population and are
considered as a national asset. They are born innocence and helpless and need proper
care, protection and nourishment
so they can have a fruitful life
and become a useful member of a society. Future of any nation depends on a welfare and well-being of its
children thus state is obliged by their duty provide them all basic rights and protect them from all evil
exploitation. In national and international level
various enactments, conventions, recommendations, declaration, policies have
been made for the welfare of
children, and Judiciary has also been playing a pivotal role to protect the children.Inspite that for centuries,
children have been neglected, abused and exploited to a great extent and they are being victims of
various offences. There is no specific and separate classification of offences as offences against children.
Generally the offences committed against them
or the crimes against children. On the other hands, the changing social
attitudes towards criminality by children
have been a matter of concern for which a child friendly juvenile justice system has been provided. Offences against
children and juvenile offence has become an independent
issue. It is indeed a good beginning for creating awareness about the rights relating to children.[2]
The
number of crimes committed by minors under the age of 16 has increased over the
past few decades. The child's
rearing environment, the economy, illiteracy, and parental care may all be contributing factors to the rising crime rate. These are some of the fundamental
explanations.
The
heinous incident of “Nirbhaya India Gang Rape”, on tshe shocking events of
December 16, 2012 stunned the entire
country and sparked numerous discussions among the legal community and socialists. The involvement of the
accused, who was only six months away from being 18 years old, was the main topic of discussion. The accused's
involvement in such a horrific rape crime
compelled the Indian government to adopt a new law, and as a result, the Indian Parliament passed the Juvenile
Justice (Care and Protection), 2015.
This
new act has brought the remarkable changes one of them is juvenile under the
age group of 16 to 18 years should be tried as an adult.
1.2
DEFINITION OF CHILD AND JUVENILE UNDER THE JUVENILE
JUSTICE ACT, 2015
A
"child" is typically defined as someone under the age of 18 who lacks
the maturity to discern between right
and wrong. In the modern era, the 'doli incapex' notion has been incorporated
into most nations' penal codes
which indicate knowing the action they are taking is unlawful. The penal of India states that only children
between the ages of seven and twelve may be found guilty, provided that the offence they committed qualifies as
heinous crime and they are knowledgeable
and have reached the necessary level of knowledge to comprehend the effects of their actions. According to section
2(12) of The Juvenile (care and protection) Act, 2015 a “child” means a person who has not attained the age of eighteen
years of age. The Act segregate the term “child”
into two categories:-
When
a child commits a crime and is under the age of 18 on the day the crime was
committed, they are generally
referred to as “child in conflict with law”. The second category is “child in need of care and protection” means a child
as defined under section of 14 of The Juvenile Justice ( Care and Protection of Children Act),2015.
United Nations
Convention : – The UN Convention on the Rights
of Child, 1989 defines that “child”
means a human being below the age of eighteen years unless the law declaration applicable to child , majority
is attained earlier.[5]
1.3 DISSIMILARITY BETWEEN
JUVENILE AND CHILD
A minor is a person who is under the legal age of eighteen or who is
under the age of full legal obligation
and responsibility. A child facing charges of a crime is transferred to a child
care center instead of being tried as
an adult.Whereas a juvenile is someone who is between the ages of 16 and 18. A young person suspected of
committing a crime is considered a juvenile offender and is tried in adult court. Although both terms generally
have the same meaning, there are some differences
lies in the context of potential legal repercussions. The word minor implies
young and teen person whereas
juvenile indicates immature person or
young offenders.
1.4 INTERNATIONAL CONCERNS
FOR JUVENILE
The General Assembly
of the United Nations adopted
the Convention on the Rights
of the Child on 20th November, 1989 which establishes a series of rules
that must be followed
by all States parties in order to protect the best interests of child The development of children has traditionally received more attention from international organisations like the United Nations and UNICEF.
The following list includes the international agreements and conventions that all of the States of the UN have
signed to safeguard children's rights.
1. UN Standard
Minimum Rules for the Administration of Juvenile Justice
(Beijing Rules)
2. UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines)
3. UN Rules for the Protection of Juvenile Deprived
of their Liberty
(Havana Conventions)
4. Guidelines for the Action
on Children in Criminal
Juvenile System (Vienna
Guidelines)
1.5 JUVENILE JUSTICE ACT, 2000
The Act was passed in the year 2000 with the purpose
of protecting children.
The aforementioned was amended
twice: once in 2006 and again in 2011. The amendment was designed to solve the implementation's gap and loopholes. Additionally, the rise in juvenile
crime cases over the past recently and a terrifying incident of “India
Gang Rape Case” has forced the law makers to come up with the law. The act was replaced soon by The Juvenile Justice (Care and Protection) Act, 2015.
1.6 JUVENILE JUSTICE ACT, 2015
It
seeks to harmonies the laws pertaining to children who are allegedly and really
conflict with law and children in
need of care and protection by catering and considering their basic needs through proper care& protection ,
development, treatment , social- integration , by adopting a child friendly approach in the
adjudication and disposal of matters in the best interest of children. The act also emphasizes the rehabilitation
of juvenile offenders through various institutions and daycare centers.
1.7 JUVENILE JUSTICE BOARD
For the purposes of investigation and hearing there shall be a board for
the, issues involving juvenile in conflict with law.The Board
shall have Principal Magistrate and two Social Worker, among them one must be woman. According
to the Act, the Board is not permitted to govern or conduct business from conventional court locations. The
decisions taken by the Principal Magistrate is final
The
Act also provided the procedure against the juvenile offender. Some of the
special procedures are as
following-
1. A police or citizen-filed complaint cannot be the basis for the proceedings to begin.
2. The hearing
must be unofficial and completely private.
3. After detention, the offenders should
be held in an observation home
4. The trial of
juvenile in conflict
with law shall be conducted
by Lady Magistrate.
5.
A child in conflict with law may be
produced before an individual member of the Board, when
Board is not sitting.[6]
1.8 JUVENILE JUSTICE AND CONSTITUTION OF INDIA
The Indian Constitution is regarded as the country's foundational law.
Citizens have rights and obligations
under the constitution. Additionally, it makes provisions for the operation of government apparatus. The Directive
Principles of State Policies (DPSP), which serve as broad guides in forming governmental policies,
are offered for people in Part III of the Constitution, just as they are in Part IV. A few fundamental rights and
provisions, particularly for the welfare of children, are granted by the constitution.
Like:-
1.
Right to free and compulsory elementary education for
all the children under the age of 6 to 14 years.( Article 21A)
2.
Right to be protected from any hazardous employment
under the age of fourteen age. (Article 24)
3. Right to be protected from being abused
in any form by an adult. (Article
39(e)).
4. Right to be protected
from human trafficking and forced bonded
labour system. (Article
(Article 39)
5. Right to be provided
with good nutrition and proper
standard of living. (Article 47)
6.
Article 15(3) of the Constitution of India provides
special powers to State to
make any special
laws for the upliftment and the betterment of children and
women.
In
order to ensure that children's rights are safeguarded in every manner
possible, the Juvenile Act of 2015 took into account
all required measures
outlined by the Constitution. This is related
to the fact that Chapter IV of the Act focuses on reforming and
rehabilitating juveniles under all situations and lays
forth mechanisms for their betterment.
1.8.1 CRIMINAL JUSTICE (REFORMATIVE OR PUNITIVE) AND JUVENILE
According to the Indian Legislative System, juvenile justice is defined
by a legal framework. Juvenile
delinquency is receiving preferential care and protection from the system. A
crime committed by a youth under the
age of 18 is considered juvenile delinquency. Everyone is aware of the rising number of juvenile
offenses that is currently raising the contentious topic of age determination. The accused's age is one of
the most crucial factors in assessing his or her degree of maturity. The topic of whether a juvenile may be prosecuted
as an adult or not is being raised by
the rising crime rate. No juvenile offender who meets the definition of
"child in conflict with the
law" as stated in subsection 13 of Section 2 of the Act shall not be tried
as an adult and shall instead be sent
to a child care center or other rehabilitation facility (until the offender
reaches the age of 21 at
which point he or she may be
transferred to a jail or prison).
As a result, the current juvenile law in India views
age determination as being crucial to determining whether the criminal
is covered by the Juvenile Justice Act.
According
to the Act, the maximum sentence that may be imposed on juvenile offenders is
three years, and this sentence is
applicable even in cases of heinous crimes. The maximum sentence that may be imposed on an adult criminal
is seven years in jail, life in prison, or the death penalty. However, the law, when applied to young criminals,
favors reformation wherever feasible.
Sending juveniles to rehabilitation centers, juvenile schools, or requiring
them to participate in various
programs run by the government or non-governmental organizations (NGO) are examples of the reformation kind
of punishment under the Act. In the current situation,
it is unnecessary to impose such a little penalty for a terrible and severe
offense only based on the offender's
age. Rape is rape; one cannot escape using the excuses of age, mental unfitness, or incapacity.[7]
Therefore, the rule that is now in place under the guise of
age determination or age consent is not
having a deterrent impact on minors engaging in anti-social activity. In the
guise of rehabilitation, juvenile
criminals feel that committing heinous crimes is of little consequence since they will receive little to no
punishment. Adopting a reformative paradigm of punishment is unfairly enabling young offenders to
continue committing crimes without suffering severe repercussions. However, reformation is not always positive. If
the goal of the legislation is to rehabilitate
young offenders so they can live better lives in the future, it should also
address the victim's rights. The
victim must receive justice. While the principle of reformation aids in juvenile
reform, it does not at all aid
the victim.
Sending young offenders to jail or prison will only serve to reinforce
their status and sense of self as "criminals," according to the current
juvenile justice system in India.
The issue now is that
there is no assurance that young offenders will change and refrain from
engaging in antisocial behavior in
the future. The law is primarily concentrating on rehabilitation rather than punishment. Penalization will undoubtedly
have a deterring impact on juveniles, slowing the rise in juvenile crime.
CHAPTER II
HISTORICAL BACKGROUND OF JUVENILE JUSTICE
2.1 ORIGIN AND HISTORICAL VIEWS
OF JUVENILE JUSTICE
The concept of "juvenile rights" may be a terribly new
historical concept within the context of government-imposed law and order. In the modern US, children are protected by the Constitution in a great deal the same way
that adults are when facing serious accusations. For instance, a young woman was found dead in her home in 1993 after
being severely overextended and
stabbed. The murder took place in Cook County, Illinois. Associate in Nursing
was noted in court files for a young,
recent child. A tribunal judge who was deciding on a charge of degree murder attempted to predict his
temperament and found him to be credible. A.M. received a sentence of just five years of probation
since he was eligible as a juvenile. Despite the fact that this punishment shows leniency for such a
horrible crime, A.M. was given release when a habeas corpus petition was filed in his favor.[8]
The underlying theory behind this complaint was that the police failed to protect A.M.'s right against incrimination
since they didn't read him his Miranda rights
until after the deceitful party had agreed to administer physical punishment.
As soon as he acknowledged, the court
ruled that AM had been "under care" and was therefore entitled to Miranda
Protections.
Juvenile
Justice was only included in the more comprehensive criminal justice plan, and
severe penalties were required for
juvenile offenders in order to preserve the current social structure. Juvenile offenders were treated no
differently than young criminals since there was no difference made between misbehavior and
criminality. While certain distant historical examples of crude child-focused systems of justice exist,
most civilizations simply deal juvenile criminals in the same way as law-breaking adults. The same sanctions were meted
out to juveniles and adults equally,
even in communities that recognized children as having a unique status. What we
now refer to as juvenile justice
first started to emerge outside of Associate in Nursing adult criminal Justice framework a few millennia into
human civilisation. Therefore, the idea of encouraging a certain kind of justice prevaricator among children and teens
may represent a new step in the evolution of civilization and the administration of justice.
2.1.1 JUVENILES IN EARLY HISTORY
Societies in prehistoric times were social group and tradition-bound,
with simple management principles
that were used to preserve cluster cohesiveness, foster order, and chastise
wrongdoers. Once ruling hierarchies
were established, the notion of retribution became the central feature of justice. In addition to other types of
punishments like confinement and exile, under this idea, victims were permitted
to exact revenge against
attackers and other transgressors. These management norms weren't "laws" intrinsically
in the same sense as electronic equipment judicial
codes, but they did produce codes of conduct for members of the cluster. Many
different electronic equipment
civilizations still regularly engage in acts of vengeance; for instance, the United States has embraced the "just deserts" and "retribution" concepts
of criminal punishment.
2.2 JUVENILE JUSTICE SYSTEM
The
reforms of the late 19th and early 20th centuries therefore produced norms and
institutions that persisted far
into the fashionable era.
A new philosophy: The Progressive era
The progressive movement was active in the early twentieth century and
focused on governmental reform and
private philanthropy. They belonged to wealthy classes and educated cities that the United Nations sought out
in order to lessen the challenges of industrial exploitation and
poverty. Examples of changes
from the progressive period include:
1. Social work systems
2. Conservation
3. Federal government policy and guideline
within the personal
phase
4. Establishment of the first Juvenile courts
5. Diversion of childs out of formal
criminal procedures
It should be noted that the progressive movement had a partially selfish
sense of responsibility. Progressive
undoubtedly gave of their time and resources in a good way, but they also
realized that if they couldn't ease
the burden on the poor and average workers, it may lead to resistance and societal change. Therefore, changes
were encouraged in part to protect the elites' power base, safeguard their privileges, and perpetuate segregation.[9]
2.3 INTERNATIONAL INSTRUMENTS
The United Nations' concern for the safety and physical and mental
well-being of the juvenile United
Nations agency section unit stems from its concern that, through Nation mediation,
they may be prevented from affirming
their opportunity. These are typically young people who are either "at social risk" or who
have made up their minds to kill mammoths. As the last cabin for whatever
is thought to be the least important
time scattering, the hardship of their risk is revealed. The likelihood of hardship is
influenced or will be influenced by the views and restrictions that will allow them to reach their full potential
as members of society, as well as by the conditions and circumstances that will ensure
respect for the juveniles' human rights and their ability to engage in necessary
activities that will advance and maintain their physical and fiery thriving
and sense of pride.
The
following are the common tools that have a local impact and are crucial to the
possibility of juvenile regard union:
1. The United
Nations customary Minimum
Rules and Juvenile
esteem Administration (The Beijing Rules) general party goals, 40/33 of twenty ninth November, 1985.
2.
The United Nations
Rules for the Protection of Juvenile bereft
of their Liberty
(grasped to the UN General Assembly of the Eighth United Nations Congress
on the bar of Crime and
also the Treatment of Offenders, Havana, twenty seventh August to seventh Sept. 1990).
3.
The United Nations
customary Minimum Rules for Juvenile
Justice Administration (The Beijing
Rules) General Assembly
Resolution, 40/33 of twenty ninth
November, 1985.
4.
The United Nations
Rules for the Protection of Juvenile bereft
of their Liberty
(grasped to the UN General Assembly of the Eighth United Nations Congress
on the bar of Crime and
also the Treatment of Offenders, Havana. twenty seventh August to seventh Sept, 1990).
5.
The United Nations
customary Minimum Rules for Juvenile
Justice Administration (The Beijing
Rules) General Assembly
Resolution, 40/33 of nineteenth November, 1985.
6.
The United Nations
Rules for the Protection of Juvenile bereft
of their Liberty
(grasped to the UN General Assembly of the Eighth United Nations Congress
on the bar of Crime and
also the Treatment of Offenders, Havana. twenty seventh August to seventh Sept, 1990).
7.
The United Nations
customary Minimum.. Models for Juvenile
Justice Administration (The Beijing Rules) General Assembly
Resolution, 40/33 of twenty ninth November, 1985.
8.
The United Nations
Rules for the Protection of Juvenile bereft
of their Liberty
(grasped to the UN General Assembly of the Eighth United Nations Congress
on the bar of Crime and
also the Treatment of Offenders, Havana, twenty seventh August to seventh Sept, 1990).
9.
The United Nations
pointers for the bar of Delinquency (the national
capital Guidelines) (grasped by the Eighth UN Congress command
at Cuban capital
in 1990).
10.
The United Nations
customary Minimum Rules for Non-custodial Measures (The Tokyo
Rules) (grasped by the Eighth
UN congress Cuban capital, 1990).
11.
The Declaration of the
Rights of the Child (the General Assembly
Resolution, 1886 (XIV of November twenty, 1959).
12.
The Convention on the Rights
of the Child (the General Assembly Resolution 44/25 of November twenty.1989).
2.4 HISTORICAL DEVELOPMENT OF JUVENILE
JUSTICE IN INDIA
Here,
the relevant, conclusive, or distinct achievement updates have been used to
separate the credible context
of juvenile justice in India into five periods, including
(a)
Period upto 1773; (b) 1773-1850;
(c) 1850-1918;
(d) 1919-1950; and
(e) Post-1950.
The Regulation Act of 1773 gave
the East Indies Company
the power to enact
laws and enforce them on a
very massive scale, which is unquestionably what caused a major disruption in
the Indian judicial system in the
year 1773. The Charter Act of 1833 transformed the East Indies Company
into a powerful organization.
2.4.1 Period up to 1773
Both Hindu and Muslim law have strategies for maintaining children.
Child's identity was as a family and
watchman. Charity Muslim law requires a private organization to find a specific youth to need its charge, on the off
chance that he has reason to believe that it'd by somehow or other. The essential pledge to lift for
the prospect of poor and desolate has been a legal justification under both Hindu and Muslim laws, and indirectly
duty-bound the chance of children if there
should be an incident of family failure to try
and do everything.
2.4.2 Period of 1773-1850
The
transition of the East Indies Company from an exchanging Union to Associate in
Nursing supervising organization
began in the years between 1773 and 1850, and it was followed by the introduction of the quality endorsements
with regard to Childs. The excellence in detention operational settings, from locations to transport convicts to
places to maintain convicts, was also shown
during this time, in response to ideas flowing from the Nation and within plans
of the geographic region boundary.
According to T.B. Historiographer, the first group of trustees Lord William Bentinck appointed to oversee jail
discipline submitted their report in 1839. It bravely learned of the prison Union's existing frustrations at the time.
Different forms of stress were felt for Childs'
welfare. In 1787, avatar Chandra
Ghoshal and Jai Narain Ghoshl
requested from Lord
Peer, the Indian governor-general at the time, the establishment of a
"house" for despondent children near Kolkata.
2.4.3 Period of 1850-1919
During this time, several institutions were set up to address a wide
range of child-related issues. The
Female Infanticide Act of 1870 and the Vaccination Act of 1880 were likely to
have a positive impact on children's
lives and success; the Guardianship and Wards Act of 1890 established procedures to ensure their
care and safety. The Factories Act of 1881 recognized the close proximity
of child labor as well as
the need for unique procedures for them.
2.4.4 Period of 1919-1950
The Report of Indian Jail Committee 1919-20 is one of the most important
fundamental developments in the
original context of the juvenile value framework in India. It made a comprehensive effort to redesign the
entire functional working system while traveling to clean prisons and reform schools both
domestically and overseas. The System for Children Act had been in effect in Madras since 1917 and
received official approval in June 1920. The
Committee's one-zero-five suggestion also sparked the approval of
comparable foundations by other
countries. Balkan-ji-bari, who had its headquarters in Mumbai, may have been
the first Childs' Union to be
established in 1920; however, during that same year, various investigations were initiated by trailblazers like
Gijubhai, who founded the Nutan Bal Shikshan Sangh in Gujarat and its geographic region as well as the Society of
Service, which went on to found five Child
Welfare Unions throughout the South. The Mumbai Youth Aid Society was founded
in 1927 to collect homeless
descendants from those streets and place them in personal care. The Moni Mela Parijat was established in the
region, the Kishor Dekaliter in the country, which continues to support illustrious organizations and develop
educational institution Childs' programs,
the Maima Parijat in Assam, and the Balnand Sangam in the state. Numerous
modest centers that didn't result
in any obvious progress but took care of some of the pressing issues involving Childs in State, Kanpur, and
Dehradun were an indication of the open perception to know techniques that enhanced the life and inspiration
of Childs.
2.4.5 PERIOD OF POST-1950
Since
1950, much official and unofficial advancement have contributed to the
advancement of juvenile motivation. A
few systems that have contributed to the advancement of thinking and welfare
measures for youngsters throughout this Period are consolidated in the running
with the advancement Section together with those that are certified.
2.4.6 -1
5 YEAR PLANS
The
5 Year Plans were launched in 1951 with the establishment of the drafting
commission, and Child Procedures were
developed under these Procedures even if the use of Unions under Juvenile Empowerment has not been a
special head of usage within the 5 Year Plans. Use of the Nation and everything else surrounding
Acts with regard to abandoned and troubled children has remained with the Nations[10].
In agreement with these plans, a legislative body secretary stated: "Since India has a clear communist
objective, the welfare of the family is the only valid justification for money-related movement." Additionally,
the child is the primary payer in the household.
In order to strengthen the nation as a whole, India focused on providing
fundamental necessities for young children.
Chapter III
LEGISLATIVE POLICES
IN INDIA
3.1.Introduction
Additionally, the child is the primary payer in the household. In order to strengthen the nation
as a whole, India focused on providing fundamental necessities for young
children. We tend to get to
know such juveniles during this process and then provide them with treatment. To stop juveniles from abusing
the law, there is a need for individual, group, and completely various tiered activities. Additionally, it tends to be
accomplished by financial development,
practiced preparation programs, and directives that are steps to prevent the juvenile from taking part in illegal and
criminal activities. In order to effectively implement the Juvenile Justice Act, professionals must first get involved
with the juvenile justice system and develop
strong ties with society. Nongovernmental organizations and the Union of local communities will also help to maintain the
Delinquency. In order for juveniles to regain their confidence and feel convinced to adopt society's norms, the
government should give importance to coercive, practical, and long-standing time programs for youth.[11]
By
designating children as a special national resource, the national procedure on
children in 1974 preserved the idea
that social and cultural advancement poses the only national risk. In addition, the nation has provided children
with enough opportunities to advance in their
mental, physical, and social development. Additionally, the Nation
should ensure that children are
protected from abuse, neglect, hardship, and abuse. The socially awkward children who have been punished as
criminals or heretics are housed in secure facilities for teaching,
practice, and recovery. This National Policy
for Children from 1974 also includes a plan
for each juvenile who has a location with many sensitive Sections to understand
with circumstance.
3.2 JUVENILE JUSTICE ACT, 1986
With the exception of the Nation of Jammu and the geographical area, the
Juvenile Justice Act of 1986 is an
unquestionable and even reliable framework for children as of October 2, 1987, throughout all of India. Up until
the J&K Children Act was passed in 1970, the Court Act was in effect in the Nation
of Jammu and Kashmir (J&K). However, beginning October
16, 1973, the J&K Children Act 1970 was only in effect in the
sections of Jammu and Srinagar. It
had policies similar to those of the Childs Act of 1960 as they existed prior
to 1978. With the nationwide adoption
of the Jammu and Kashmir Juvenile Justice Act 1997 (Act VIII of 1997) on January 1, 1998, both the earlier Acts
were superseded. It joins the majority
of the Juvenile Justice Act of 1986 Procedures. The Juvenile Justice Act of
1986 received widespread favor
throughout India. Due to the JJA's uniformity and lack of a remedial basis, it eliminated several
issues that had arisen as a result of consistency's absence.
3.3 THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT,
2000.
The JJ (C&P) Act, 2000 was passed by Parliament and has been in
effect in all of India outside of the
Nation of J&K since the first month of 2001. The JJ (C8cP) Act was born and uprooted upon its return to force. The JJ
(C&P) Act was written specifically to ask India for support with the United Nations Convention on the Rights of the
Child and other fundamental sweeping
instruments. The JJ Act, 2000 was passed to address offenses committed by minors in a way that differs
from the legislation that applies to adults. The Act's very structure favors rehabilitation over the adversarial
style that courts are often used to.
Its execution therefore needed a radical shift in the thinking of those in
positions of power to enforce
it, without which
it would be nearly difficult to accomplish its goals.
The
Juvenile Justice Board will be established under this Act to provide justice
for young people who have broken the
law. After counseling and reprimand, the Board may permit the juvenile to return home [Section
15(1)(a)], order the juvenile to complete community service [Section 15(b)], participate in group
counseling [Section 15(c)], or be fined [Section 15(d)]; or order the juvenile to be released on probation for good
behavior and placed in foster care [Section
15(e)], issue an order directing the juvenile to be placed in a special home
[Section 15(g)] and, taking into
account the circumstances of the case and the nature of the offense, to shorten
the stay in a special
home [Section 15(1)].
The
Child Welfare Committee will be established in accordance with the Act to
handle concerns involving children
and the law. This Act addresses children's fundamental needs and the protection of their human rights
[Section 31(1)]. It also addresses their care,
protection, treatment, development, and rehabilitation. In accordance
with Sections 8, 9, 34, and 37 of
the Act, observational homes may also be established for the temporary
reception, care, protection,
training, development, and rehabilitation of juvenile offenders while the investigation is pending.
The
Act prohibits the execution of death sentences, life sentences, and jail terms
for nonpayment of fines or failure to
provide security. The elimination of the disqualification that results in a conviction for the offense
and the publishing of the juvenile's name, address, etc. in any newspaper, magazine, etc.
[Section 19 and 21] are the two most important
provisions of the Act.
A person
who actually has charge
or control over a juvenile
is punishable under
Section 23 of the Act for cruelty to a juvenile or
child. A violation of Section 26 entails hiring a minor or child for a risky job, keeping them in
servitude, and either withholding their wages or using them for personal gain.
These are all cognizable offenses
in nature.
The
Act also calls for the hiring of a juvenile or child welfare officer with the
skills and training necessary
to work with young people in conjunction with police,
as well as the
establishment of a Special Juvenile Police Unit to improve how officers
interact with young people.
3.4 THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT,
2015
The United Nations
Convention on the Rights of Children, which India adopted
on December 11, 1992, is the focus of the Act. It
outlines procedural safeguards for children involved in legal disputes. It aims to solve issues
with the current Act such
lengthy adoption procedures, a backlog of cases, institutional responsibility, etc. Since
there has been a rise in crimes perpetrated
by children between the ages of 16 and 18 in recent years, the Act also aims to address
this issue.
The Juvenile
Justice (Care and Protection of Children) Act, 2000 is repealed by the Juvenile
Justice (Care and Protection of Children) Act, 2015, which went into
effect on January 15, 2016.
KEY PROVISIONS
1.
Change in terminology throughout the Act from
"juvenile" to "child" or "child in conflict with the
law" to get rid of
the word's negative connotation.
2.
Adding new meanings
for terms such "petty, serious,
and heinous offenses" and "orphaned, abandoned, and surrendered
children;"
3.
Precise dates for the Juvenile Justice Board's (JJB)
investigation; clarity in the roles, duties, and powers of the JJB and the Child Welfare
Committee; The Act requires the establishment
of Child Welfare Committees and Juvenile Justice Boards in each district.
Each must include at least one woman.
4.
Special provisions for heinous offences committed by
children above the age of sixteen years
5.
Separate new chapter
on Adoption to streamline adoption
of orphan, abandoned and surrendered children
6. Inclusion of new offences
committed against children
7.
Child abuse, providing a child with a narcotic drug, kidnapping, and selling a child all carry
harsh penalties. Anyone in a position of authority who fails to notify an abandoned or orphaned kid within 24
hours may face up to six months in jail, a fine of Rs 10,000, or both. The punishment for
failing to register a child care facility is up to a year in prison, a fine of one lakh rupees, or both. Giving
alcohol, drugs, or psychoactive substances to a kid is punishable
by up to seven years in prison, a fine of one lakh
rupees, or both.
8. Mandatory registration of Child Care Institutions
9.
Children who are in legal trouble or who require care
and protection have access to a variety of rehabilitation and social
reintegration programs. To assist them in playing
a positive part in society, children receiving institutional care
are given a variety of services,
including education, health, nutrition, de-addiction, illness treatment, vocational training, skill development,
life skill education, counseling, etc. Among
the many non-institutional choices are sponsorship and foster care, particularly group
foster care, which involves placing children in a family context aside
from their original family and
requires careful selection, qualification, approval, and supervision.
3.5 The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 Empowerment of District Magistrate:
1.
In order to guarantee swift case resolution and
improve accountability, it permits District Magistrate and Additional District
Magistrate to make adoption orders
under Section 61 of the JJ Act.
2.
The District Magistrates have been given more authority to guarantee its successful execution and to coordinate efforts
on behalf of children who are in distress.
3.
After taking into account the District Magistrate's recommendations, all child care facilities must be registered.
4.
The District Manager
(DM) is responsible for conducting an impartial assessment of the performance
of the District Child Protection Units, Child Welfare Committees (CWC), Juvenile Justice Boards,
Specialized Juvenile Police Units, Child Care
Institutions, etc.
Child Welfare Committees (CWCs):
1. The prerequisites for the appointment of CWC members have changed.
2.
To guarantee that only those qualified to serve on the
CWC with the necessary competence and integrity are appointed, disqualification criteria for CWC members have also
been implemented.
Serious offences:
1.
Currently, while examining
the situations of children in dispute with the law, there are three categories (petty, severe, and heinous)
outlined under the Act.
2. Some of the
offenses, it was noted, don't necessarily fit into any of these categories.
3.
It has been agreed that offenses with a maximum
penalty of more than 7 years in prison but no mandatory minimum sentence or one that is
less than 7 years shall be classified as severe offenses under this Act.
CHAPTER-4
JUDICIAL TRENDS
IN JUVENILE JUSTICE
SYSTEM IN INDIA
4.1 INTRODUCTION
The Government and the broader public are both focused on juvenile
problems at the moment. The work that
has been done on these issues thus far, however, is insufficient due to their enormous magnitude. The
government has committed to it. as well as the
entire public to properly raise children who will be the citizens of
future. Children now will lead society's decision-making future keeping the nation's
standing in the globe at the highest possible level. If a child is
misunderstood to require proper knowledge, teaching, thought, planning, or guidance, the general public and the
government both fall short in this situation.
The
Juvenile Justice System in India has been implemented and maintained in large
part thanks to the Apex Court and
several High Courts. When a juvenile offender is arrested, only the "Juvenile Justice
Board" or "Lower Court" prosecutes the case; however, their decisions are not binding on other legal
tribunals. Studying the judicial approach's tendency and objective as seen
in the numerous judgments
handed down by the Hon.
Supreme Court and High Courts about "juvenile delinquency" is crucial.
Indian law maintains a primary focus
on the juvenile justice system,
and the judiciary has made
clear that it places special emphasis on the appropriate application of the law
to the advantage of minors. Various
Indian courts periodically set different judicial trends on juvenile
misbehavior under such such as:
4.2 AGE OF JUVENILE
The age of a person who is participating in or committing an offense will
surely be taken into account by the
court to determine whether or not he is a juvenile. It is seen by The Apex Court that “very young children
should not be sent to prison”. The Juvenile Justice (Care and Protection) Act 2015, characterize the expressions
‘Child’ & ‘Juvenile’ under sections
2(12) & (35) of the Act respectively, which considers “a person who has not completed the age of eighteen years”.
Additionally, Section 2(13) of 2015 Act defines ‘child in conflict with law’ as “a juvenile who is alleged or
found to have committed an offence
and has not completed eighteen years of age as on the date of commission of offence”. The special legal provisions in
India consistently maintain a defensive attitude toward children, and our judiciary has repeatedly upheld this
position. Delinquent children in
India are given particular protection by a number of laws, and the courts uphold
this. In “Emperor v. Wali Mohd. & another”[12]
the Court held that “throwing of stone at a train by
children of 5 and 8 years would ordinarily be protected under
Section 82 and 83 of the
Indian Penal Code and would not be punishable as offence”.
i)
Ashwani Kumar
Saxena vs. State of M.P[13]
The police filed a charge sheet against Ashwani Kumar Saxena and two
others, specifically Jitender and
Ashish, for a crime they allegedly committed on October 19, 2008, at 12.30 am outside Krishna
Restaurant in Chhatarpur that is punishable under Sections 302 of the IPC and Sections 27 of the Arms Act and
Section 34 of the IPC, respectively. It resulted in the death of one Harbal Yadav,
a case for which Sessions
Case No.28/09 was ongoing at
Chhatarpur, Madhya Pradesh, under the supervision of the First Additional Sessions Judge (M.P.). On
November 11, 2008, the appellant filed an application
with the CJM Court in Chhatarpur
pursuant to Sections 6 and 7 of the J.J. Act,
arguing that the criminal court lacked jurisdiction to hear the case because
the appellant was a juvenile on the
date of the incident. The appellant requested that the case be referred
to the JJ Board and that he be granted
bail.
The
C.J.M. court considering ordering a bone test to establish the litigant's age.
Dr. R.P. Gupta, PW-2, requested an
X-ray to determine the age of the litigant's body and believed that the wrist, elbow, knee, and iliac
crest epiphyses were fused. He estimated that the appellant was over 20 years old on April 11, 2008, and his
report, marked P-5, reflected that
conclusion. The court heard testimony from PW-3 Dr. S.K. Sharma, a medical official at the district hospital in
Chhatarpur, who oversaw the appellant's dental
examination to determine his or her age. The age of the appealing party
was determined to be over 21 years
after PW-3 discovered that each of the 32 teeth exists conclusively of all wisdom teeth.
ii)
Deoki Nandan
Dayma v. State of Uttar Pradesh[14]
The court noted that entries in the
student's school record
mentioning their DOB are acceptable evidence for determining
their period of adolescence or whether they are a child or teenager.
iii)
Ravinder Singh
Gorkhi v. State
of Uttar Pradesh[15]
It was observed that the accuracy of a person's birthdate while under the
scrutiny of a court, whether in a
civil or criminal process, would depend on the present circumstances of each case to be resolved based on the
information on the records and in a manner specified
under a regulation. In order to prevent any wrongdoing to the subject of the case, the official
court will be required
to give the juvenile the advantage.
4.3 JURISDICTION OF THE BOARD/COURT
i)
Daljit Singh vs. State of Punjab[16]
It was held in this case that, “Juvenile Justice Act, 1986 is a complete
Code in itself and has sweepingly
overriding effect on any other enactment of the State Legislature or Parliament viz, the Cr. P.C. regarding inquiry/ proceedings or a trial
against a delinquent juvenile
on any criminal charge.”
ii)
IN RE: SESSIONS JUDGE,
KALPETTA (KERALA)[17]
A Bench of the Kerala High Court in managing a clear clash between the ‘Juvenile Justice
Act, 1986’ and ‘Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989’, with respect
to which would prevail over the other, held that the provisions of later Act would
have no overriding effect over the provisions of 1986 Act.
iii) Sunil Kumar vs. State of Haryana[18]
On May 17, 1990, in P.S. Sadar,
Hisar, a FIR was filed
under Sections 376, 366, and 201
IPC against the petitioner/accused.
He was accused of committing rape on the prosecutrix on May 16, 1990, brought to trial, and given a
strict 7-year prison term. Under the supervision of the High Court, a criminal revision petition remained unsuccessful
and was rejected. The petitioner
filed an application while the appeal was pending under the watchful eye of the High Court, claiming that he was a minor
when the offense was committed. Without considering
the issue of the accused's immaturity, the High Court rejected the appeal.
Under the watchful eye of the Supreme
Court, the applicant supported a Special Leave Petition that was also
dismissed following the dismissal of the
appeal.
Sections
7-A and 20 of the Juvenile Justice Act of 2000 were the subject of a review
petition that the petitioner
supported because they were ineffectual and were handled by the Supreme Court. The court determined that the
competent court has the authority to evaluate the petitioner's youth independently of upholding the Supreme
Court's conviction after taking into account
the relevant provisions.
4.4 APPREHENSION AND PRODUCTION OF JUVENILE
i)
Suri & Ors. v. Delhi Administration[19]
It
was determined that no child should be taken to prison since, in that event,
the goal of protecting the child from the
terrible effects of prison life would be defeated. The teenager should be housed in a
separate ward and not allowed to mix with adult prisoners since
doing so would
expose them to negative effects
that might delay their
full recovery.
ii)
Sheela Barse & Anr. Vs Union
of India &
Ors.[20]
This lawsuit was a response to a previous
court order that the district judges had disregarded. The Court mandated the following:
1. The trial of
kids should occur
just in the juvenile courts
and not in the customary criminal courts.
2.
In order to provide total uniformity with regard to
the many provisions identifying with
youth in the entire domain of the country, it would be appealing if the Central Government began parliamentary enactment addressing the issue. The Children's Act that Parliament
may enact should include mandatory provisions for ensuring the social, financial, and mental recovery of
children who are either accused of crimes or
who are abandoned, penniless, or lost, in addition to provisions for
investigating and prosecuting offenses
against children under the age of
16.
iii) Sanjay
Suri & Ors. v. Delhi
Administration[21]
It was determined that no child should be taken to prison since, in that
event, the goal of protecting the
child from the terrible effects of prison life would be defeated. The teenager should be housed in a separate
ward and not allowed to mix with adult prisoners since doing so would expose
them to negative effects that might
delay their full recovery.
4.5 BAIL TO JUVENILE
The Juvenile Justice Board and the court should be able to provide bail
to the juvenile who has been brought
before them because it has been stated in the Act that "Bail is a rule
not the jail." The following instances illustrate the judicial tendency in this area:
i)
“Arvind vs. State[22]
C0urt 0bserved: “the gravity of the offence is not a criteria or
impediment for the release of the juvenile on Bail”.
ii)
Kamil vs. State of Uttar Pradesh[23]
Court observed that, “A juvenile in conflict with law may be released on
bail with or without surety but such
release shall not be possible if there appear to be reasonable grounds
for believing that such release
is likely to bring him into association with any known
criminal or expose him to moral, physical or psychological, danger or his
release would defeat the ends of
justice. Welfare of the juvenile or child is the need of the day and the provisions contemplate a judicial
officer with more sensitive approach-oriented
outlook.”
4.6 FINAL DISPOSITION OF THE JUVENILE CASE
After
the Delhi gang rape case, the Indian Parliament acted in 2012 in response to societal demands and passed the Juvenile
Justice (Care and Protection) Act 2015, which
added new and crucial provisions to the JJ (C&P) 2000 Act. The 2015
Act, which was enacted by Parliament,
aims for overall improvement and reclamation, regardless of whether it pursues strict penalties for
some crimes committed by minors under the age of 18, as well as for certain crimes committed by adults. The
Supreme Court of India and several High Courts have recently put a
lot of effort into understanding the new sanctions in order to promote the cause of juvenile justice. The Supreme
and High Courts' judicial precedents
serve as guiding principles for the subordinate judiciary. At the time of the case's ultimate disposition, the courts
have also made an effort to give the teenager in conflict with the law an opportunity to better himself by
providing proper training and giving
the adolescent's involvement in the quality of living important attention and assurance.
i)
Munna v. State of UP[24]
Regarding children housed in detention institutions, the Indian Supreme
Court issued a number of directives. The top court ruled that a
child shouldn't be mistreated whether
or not they are found guilty
of a crime. When individuals enter prison, they shouldn't have their
fundamental rights violated.
ii)
Ram Suresh
Singh vs. Prabhat
Singh alias Chhotu
Singh &Anr[25].
The court held that t “we
are not oblivious of the fact that it is difficult to lay down a law as to whether in a case of this nature,
the lower or the upper age or the average age
should be taken into consideration. Each case depends on its own facts.
In this case, however, the documents
produced by respondent no.1 were not found to be forged, fabricated or otherwise inadmissible in law. If a document is
proved to be genuine and satisfies the requirement
of law, it should be, subject to just exceptions, relied
upon”.
iii)
Sheela Barse
vs. Secy., Children's Aid Society[26]
Following a writ suit she had filed, the plaintiff contested the Bombay
High Court's ruling. She complained about the operation of the New Observation Home in Mankhurd, which
was maintained and watched over by the Children's Aid Society of Bombay, in the writ petition filed under the watchful
eye of the Bombay High Court. The applicant's
objections were divided into four categories as follows:
1
Delay in sending home or returning to parents of
children for whom the Juvenile Court issued orders for taking home;
2
Not using one's
head while arresting
children and organizing work under the watchful eye of
the juvenile court;
3
Lack of proper
follow-up after the children were confirmed to be
in the observation homes, notably a complaint that the
Child Welfare Officers were not carrying out
their responsibilities, led to the continued incarceration of children
without cause;
4
It was illegal to hold children under such circumstances,
and the situation commonly resulted
in badgering. Despite the fact that without this promise, the condition of the Homes couldn't improve, the court
disagreed with the monitoring of the observation homes. Notwithstanding, the court held that “dedicated workers
have to be found out, proper
training has been given to them and such dedicated workers should be introduced into the children
homes”.
The Court had the following observations:
1
That the Superintendent of the Observation Home and
the Child Welfare Officer (Probation)
should be effectively convinced. They should be well-versed in brain science
and possess a keen sense of
perception, and the effectiveness of the strategy
will depend on these qualities.
2
A judicial officer with special training must oversee
the Juvenile Court. Establishing a
court with a regular judge and designating it as a juvenile court does not
fulfill the requirement of the
resolution. In the unlikely event that things turned out this way, the resolution wouldn't require a juvenile
court. A different type of legal official with
a more sensitive, approach-oriented attitude is considered in the legal
strategy. Any judicial officer would
undoubtedly be unable to handle the special situation involving children
without these.
3
The Court agreed with the appealing party that the
respondent Society should be viewed
as a State for purposes of Article 12 interpretation. Thus, it was suggested to the respondent Society to conduct its
operations in accordance with legal requirements,
as well as to operate in a manner satisfying the requirements of the protected
provisions in Articles
21 and 24, as well as the Directive Principles of State
Policy.
4
The Court further
instructed the State of Maharashtra to swiftly take action to strictly uphold the law, comply with
constitutional obligations, and continue to follow the guidance provided by
the High Court as well as by it
in this judgment.
CHAPTER-5 CONCLUSION AND SUGGESTIONS
5.1 INTRODUCTION
Former Secretary-General of the United Nations
Kofi A. Annan says that it is within the family
that children learn the values that will guide them for the rest of their
lives. It is within the family that
they form their earliest relationships, learn to communicate with others and interact with the world around
them. It is within the family that the notion of human rights becomes a reality lived on a daily basis. If
tolerance, respect and equity permeate
family life, they will translate into values that shape societies, nations and
the world. In a similar vein, the
Indian legal system's National Policy for Children has long been a source of comfort and anxiety for
us. The Juvenile Justice System, as acknowledged
by endorsement, is responsible for providing thought, security, therapy, growth,
and convalescence to Juveniles who have committed crimes or been rejected.
5.2 CONCLUSION
Every child has the right to a happy, joyful childhood, to grow up in a
safe environment, to be free from the
complexities and convolutions of life, and so on. However, some unfortunate and predestined children are
deprived of these fundamental rights, leading
them to exhibit undesirable characteristics or turn into juvenile
offenders. However, juvenile crimes
are a terrible reality of today's society. In order to diminish them, legal regulations must be effectively executed,
and awareness and emphasis must be raised both
by the government and the public. Instead of punishing young people who break
the law, the magistrates and police,
who are the main implementers of the system, should have a more reformative perspective and outlook.
‘The
Juvenile Justice (Care and Protection of Children) Act, 2015’ outlines the fundamental legislation for the care and
protection of children in cases of legal conflict, in addition to the adjudication and resolution of disputes. Our
Juvenile Justice System is confined in its application to the ‘children in conflict of law’ &
‘Children in need of
care and protection’. The term
‘juvenile justice’ consists of all facets of a composite system including
the rehabilitation of
children and adolescents who commit offences.
The
notion of juvenile delinquency is not of a very recent origin in India. The
juvenile delinquency is related
to the abnormal attitude or criminal behaviour
of a child. In present
time the instances of juvenile delinquency are growing
day by day with increasing populace and changing way of
life in India.[27] This
increase in juvenile criminality is primarily seen among children
between the ages of 16 and 18, or those
who are still in their
formative years. In this age group, minors are particularly involved in crimes including robbery, theft, riot,
mob-lynching, rape, and injury cases. Juvenile
delinquency is caused by a variety of factors, including personal,
psychological, biological, physiological, peer pressure, physical
limitations, a desire of adventure, and discontent and frustration with family and school.
Neediness, ignorance of parents, lack of
care and supervision, disappointment in school, indifference from society and
so on can be seen as some of the main attributes affecting juvenile crimes.[28]
In
India ‘The Juvenile Justice (Care & Protection of Children) Act, 1986’ was
the 1st enactment under independent
India to deal with the problem of juvenile delinquency but was put
back by ‘Juvenile Justice
(Care & Protection) Act, 2000’
since the old enactment was not able to
give broad extent of ‘Delinquent Juveniles’ & ‘Neglected Juveniles’. ‘The Juvenile Justice Act, 2000’ covers
mainly 2 broad classes such as ‘child in conflict with law’ and ‘child
in need of care and protection’ that the ‘The Juvenile Justice (Care &
Protection of Children) Act, 1986’ ignored. However, after Nirbhaya case,
prompt need of amendments in the act
were felt, consequently ‘The Juvenile Justice (Care & Protection of Children) Act, 2015’ came
into force. There were no procedures for separating
out and categorizing heinous acts prior to the new laws of 2015. The Delhi Gang Rape (Nirbhaya's Case) struck India's
parliament and lawmakers with accusations of
being unable to handle the current situation. The legislators saw the need to
pass the Juvenile Justice (Care and
Protection of Children) Act, 2015, which focuses on the arrangements for "heinous crimes." When it comes to
major crimes like murder, rape, kidnapping, etc., the age restriction is
set at 16.
Moreover,
the child in such matters is taken as a grownup criminal. 2015 Act categorized the crimes in 3 parts as follows:
1. Petty offences- where maximum
imprisonment under IPC is up to
3 years.
2. Serious offences-
where maximum imprisonment under IPC is 3-7 years.
3. Heinous offence-
where maximum imprisonment under IPC is 7 years.
Our law makers need to bring
the appropriate infrastructure and sufficient rules
of procedure to administer and implement
the juvenile justice system.[29]
Limitations observed in JJ Act, 2015 are
as follows:
1-
The obligation of parents in the subject of adolescent
delinquency could not be explained by this statute.
2-
The act fails to give minors procedural protections like the right to speedy
trials.
3-
The act failed
to keep a connection between
various elements pertaining to a child's
welfare, such as child labor, adoption, exploitation, sexual abuse, etc.
The Juvenile Justice
(Care and Protection of Children)
Amendment Bill, 2021
§ Adoption: Under the
Act, once prospective adoptive parents accept a child, an adoption agency files an application in a civil court to
obtain the adoption order. The
adoption order issued by the court establishes that the child belongs
to the adoptive parents. The
Bill provides that instead of the court, the district
magistrate (including additional district magistrate) will perform these
duties and issue all such orders.
§ Appeals: The Bill provides that any person
aggrieved by an adoption order passed by the
district magistrate may file an appeal before the Divisional
Commissioner, within 30 days of such order.
Such appeals should be disposed within four weeks from the
date of filing of the appeal.
§ The Act provides that there will be no appeal for any order made by a Child Welfare
Committee concluding that a
person is not a child in need of care and protection. The Bill removes this provision.
§ Serious offences: The Act provides that the Juvenile
Justice Board will inquire about a child
who is accused of a serious offence. Serious
offences are those for which the punishment is
imprisonment between three to seven years. The Bill adds that serious offences will also include offences for which maximum
punishment is imprisonment of more than seven years, and minimum punishment is not prescribed or is
less than seven years.
§ Designated Court: The Act provides that
offences against children that are punishable with imprisonment of more than seven years, will be tried in the
Children’s Court (equivalent to a Sessions Court).
Other offences (punishable with imprisonment of less than seven years) will be tried by a Judicial
Magistrate. The Bill amends this to provide
that all offences
under the Act will be tried in the Children’s Court.
§ Offences against children: The Act
provides that an offence under
the Act, which is
punishable with imprisonment
between three to seven years will be cognizable (where arrest is allowed without warrant) and non-bailable. The Bill provides that such offences will
be non-cognizable and non-bailable.
§ Child Welfare Committees (CWCs): The Act provides that states must constitute one or more CWCs for each district for dealing with
children in need of care and protection. It
provides certain criteria for the
appointment of members to CWC. For
instance, a member should be: (i) involved
in health, education, or welfare of children for at least seven years, or (ii)
a practising professional with a
degree in child psychology, psychiatry, law, or social work. The Bill adds certain criteria for a person
to be ineligible to be a
member of the CWC. These include: (i) having any record of
violation of human rights or child rights, or (ii) being a part of the management of a child care institution in a district.[30]
5.3 SUGGESTIONS
The
future of the country will largely depend on the appropriate physical, hygienic conditions, and mental state of today's children
because they will be the nation's responsible
citizens in the future. As a result, the problem is huge, and it has to be
taken into immediate attention. The
goal of the Act cannot be achieved even though the seriousness of the situation is correctly understood and the
response is sufficient in terms of
the activities and promptness of attention. Since juvenile delinquency is a
result of a person's environment, it is vital to take suitable, socially
and legally sanctioned actions to avoid it. The rights to care and
protection, education, food, housing, etc., are not recognized for children.[31]
In order to raise future generations of responsible citizens, society and the government must focus on
children now. Therefore, it is essential that the family and society
participate in efforts to reduce the issue
of juvenile delinquency.
The following recommendations are given in accordance with the study's
requirements to lessen the issue of juvenile delinquency and to improve
our juvenile justice system:
1.
Community Participation needed to be Increased
The majority of children who are brought into this framework will
continue to be institutionalized
until the community takes part in this operation, and "The Juvenile Justice
System in India" must continually stay on operating
in isolation from the
norm. Extra-volunteer
organizations, people, and locations should be seen as special homes, suitable individuals, safe places,
suitable institutions, observation houses, etc. Thais could shorten the gaps between the probation officers and the
community, which are frequently major roadblocks to good and efficient counseling.
2.
Reducing Pendency of Cases and Building Faith in JJS
The JJB and the courts are now dealing
with a sizable number
of cases. To lower this
number, government employees and the judiciary
must exercise extreme diligence.
Juvenile crime victims must have confidence that the judicial system will
be prompt, impartial, and just.
Children who are in trouble with the law and criminal organizations that commit crimes and flee while taking
advantage of drawn-out legal processes need to
be afraid of receiving prompt and efficient justice in the juvenile
justice system.
3.
Shortening Time Limit for Investigation
The amount
of time allotted
to the juvenile police
officers to look into the issue has to
be cut down. It has been observed
that the length of the inquiry procedure hinders the achievement of justice's goals. In order to avoid unnecessary
delay, the final report should be submitted
as soon as is practicable given the type of crime, starting from the date of the complaint. For the sake of
efficiency and openness, a social worker may also be included in the investigation conducted by the police department.
BIBLIOGRAPHY
1-
BOOKS
·
(3rd ed., 2012)
R. N. Choudhary, Law relating
to Juvenile Justice
in India
·
(Edn.) 2001. LFink.
Major Problems in the Gilded
Age and the Progressive Era: Documents and essays
·
First Published 2004.
Ved Kumari, The Juvenile Justice System in India from Welfare to Rights, Oxford University Press, New Delhi.
2-
ARTICLES AND JOURNALS:
·
Yogesh Snehi, ?State and Child Justice: Stories of
Delinquent Juveniles in Economic and Political Weekly,
Vol. 39, No. 41, 9
October 2004, pp. 4512?4515
·
International Journal of Interdisciplinary and Multidisciplinary Studies
(IJIMS), 2014, Vol 1,
No.6, 64- 70.
·
Dr.Yogender, Juvenile Delinquency system in india:
an Appraisal, Academic
views & reviews, vol.no.6 (No. ii & iii) July – December, 2016
·
Kaldate, S.V., Juvenile delinquency in developing
countries, Indian Journal of Criminology, 6 (2), 1978, 100.
·
Galting, F.P., Aggression among delinquents and non-delinquency:
A review. Britisli Journal of Criminology, 12 (2), 1972.
·
Prof. Najmi, Mohd. Juvenile Delinquency ? Its Causes and Remedies, 25 CBI Bulletin, 1991.
3- ACTS AND STATUTES
·
Juvenile justice act, 1986
·
The juvenile justice
(care and protection of children) act, 2000.
·
The juvenile justice
(care and protection of children) act, 2015
·
The juvenile justice
(care and protection of children) amendment bill, 2021
4- WEB SITES
·
https://prsindia.org/billtrack/the-juvenile-justice-care-and-protection-of-
children-amendment-bill-2021
[1] Dr.Yogender, Juvenile
Delinquency system in india: an Appraisal, Academic
views & reviews,
vol.no.6 (No. ii & iii) July
– December, 2016
[2] Ibid.
[5] Article 1 of the
UN Convention on the
Rights of Child, 1989.
[6] Section 7(2) 0f the Juvenile Justice
(Care and Protection) Act, 2015
[7] Galting, F.P., Aggression among delinquents and non-delinquency: A review. Britisli
Journal of Criminology, 12 (2), 1972.
[8] Sec A.M. vs Jeery
Ruttier, 360 F.3d 787 (7th Cir. 2004)
[9] For a discussion of social tension
during this era, see. Fink.L.
(Edn.) 2001. Major Problems
in the Gilded Age and the Progressive Era: Documents and essays (2nd Ed.) Boston: Houthon
Miffin.
[10] Kaldate, S.V., Juvenile delinquency in developing countries, Indian Journal of Criminology, 6 (2), 1978, 100.
[11] International Journal
of Interdisciplinary and Multidisciplinary Studies
(IJIMS), 2014, Vol 1, No.6, 64- 70.
[12] AIR 1936 (Sind) 185
[14] 1997 i0 SCC 525
[15] AIR 2000 SC 2648
[17] 1995 Cri.L.J.
330
[19] (AIR 1988 SC 414)
[21] (AIR 1988 SC 414)
[23] 1994 Cri. LJ 1491
[24] AIR 1982 SC 806.
[26] (1987) 3 SCC 50
[27] First
Published 2004. Ved Kumari, The Juvenile Justice System in India from Welfare
to Rights, Oxford University Press,
New Delhi.
[28] Yogesh Snehi,
?State and Child Justice: Stories
of Delinquent Juveniles
in Economic and Political Weekly,
Vol. 39, No. 41, 9 October 2004, pp. 4512?4515
[29] (3rd ed., 2012) R. N. Choudhary, Law relating to Juvenile Justice
in India
[30] The Juvenile Justice
(Care and Protection of Children) Amendment Bill, 2021. (n.d.).
PRS LEGISLATIVE RESEARCH. Retrieved December 4, 2022,
from https://prsindia.org/billtrack/the-juvenile-justice-care-and- protection-of-children-amendment-bill-2021
[31] Prof. Najmi, Mohd. Juvenile
Delinquency ? Its Causes and Remedies, 25 CBI Bulletin, 1991.
Article Information
JUVENILE JIUTICE IN INDIA: JUDICIAL TRENDS BY – ABHISHEK BENJWAL
Authors: ABHISHEK BENJWAL
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/20
- Volume 2
- Issue 7
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