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PUNISHMENT UNDER JUVENILE JUSTICE: A COMPARATIVE STUDY IN INDIA AND THE UNITED STATES
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PUNISHMENT UNDER JUVENILE JUSTICE:
A COMPARATIVE STUDY IN INDIA AND
THE UNITED STATES
AUTHORED BY- ANURAG SIGOTIYA
ABSTRACT
Juvenile justice refers to a legal
system designed to manage youngsters, basically under the age of 18.
Previously, there was no distinction between child and adult; both were
treated equally, but with the evolution of law and jurisprudence, it was
accepted that both were different mentally, physically, and in maturity
level, and most of the decisions of the child were dependent upon the adult
member of the family. So, when any offence was committed by the child, the
court tried to deal with rehabilitation rather than punishing him, and that is
how the court tried to provide justice to the juvenile.
This comparative study of India and
the United States helps us to understand how juvenile law evolved during that
time and on what basis punishment is given to juveniles in the two different
countries and the reasons behind such an approach of punishment based on
historical evolution and legal framework.
Through this comparative analysis of
the two countries, we come to know about the difficulty faced by both countries
in dealing with juveniles with the help of case studies and data analysis.
Further, it also describes the similarities and differences in giving
punishment to the juvenile.
The outcome of this paper helps us to
gain a deeper understanding of how juvenile law develops with the change in
society, what are the different majors taken by the two different countries in
dealing with juvenile offenders, and what is the best approach taken by the
country to handle juveniles effectively.
key word -
Juvenile delinquency, Juvenile justice, Rehabilitation
INTRODUCTION
Juvenile
justice refers to the system in which we try to provide justice to a juvenile
who committed a crime unconsciously without knowing the result of the act. This
system is rooted in the concept that juveniles do not have enough maturity and
experience to comprehend what is wrong and what is right. That is the basic
reason the juvenile justice system focuses more on rehabilitation, assistance,
and direction than punishing the juvenile. Furthermore, it is based on the
concept that mistakes are made by human beings, and that is how human beings
begin to learn and grow in their lives. We consider juveniles in the stage of
learning, and sometimes it can be assumed that they can make a mistake. That
does not mean we should punish them; it is better to give them a chance to
restart their lives by providing proper direction, guidance, and
rehabilitation.
Even in the Indian Penal Code 1860,
liability for children is provided in the chapter on "General Exemptions"
under Sections 82 and 83. Where the child is not liable for the offence
committed by him.
The concept of "DOLI
INCAPAX" is provided under Section 82 of the IPC, which states that an
offence committed by a child under 7 years of age is not an offense. It is a
conclusive or irrebuttable presumption of law, which means no evidence can be
given to disprove it. Here, the law presumes that a child is incapable of
committing any offence, and any act committed by him is not considered an
offence.
The concept of "DOLI CAPAX"
is provided under Section 83 of the IPC, which states that an offence committed
by a child above 7 years of age and under 12 years of age is not an offense. It
is an inconclusive or rebuttable presumption of law, which means evidence can
be given to disprove it. Here, the law presumes that if a child does not have
enough maturity to understand the consequences of the act [1]committed,
he is not liable for the offence, but on the other hand, if he is mature enough
to understand the consequences of the act, he may be punished for the act.
Under the juvenile justice act, it is
provided that any offence committed by a person under the age of 18 is an
offence if he is mature enough to understand the consequences of the act, and
he will be sent to Remand Home instead of going to jail. and when he completes
his punishment, his record will be destroyed.
Meaning of Juvenile
A juvenile is described as a minor
who does not reach the age of maturity, which is basically under the age of 18.
If a juvenile commits any offence, they are treated differently from the
ordinary law because it is a highly disputed topic that must be handled gently;
otherwise, it may destroy the life of any juvenile. That is the reason the
juvenile justice system usually focuses on rehabilitation, direction, and
guidance.
According to the Beijing Rules, also
known as the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice, "a juvenile is a child or young person who, under the
respective legal systems, may be dealt with for an offence in a manner that is
different from that of an adult."
JUVENILE
DELIQUENCY
Juvenile
delinquency refers to a minor under the age of 18 involved in criminal activity
and antisocial behavior. In such activities, it's involved theft, drug abuse,
and criminal behavior. The main causes of juvenile delinquency are family
disputes, social changes, peer pressure, financial conditions, mental
conditions, and less access to education. If we are able to provide good
education and financial support, we can reduce the rate of juvenile
delinquency.
REASON
BEHIND THE INCREASING OF JUVENILE DELINQUENCY
The following are some reasons why
juvenile delinquency is increasing.
1: FAMILY DISPUTE
Today's
family disputes have become a major reason to influence juvenile delinquency.
It affects the child mentally, physically, and emotionally. due to which they
turn out to be more aggressive, and then they involve themselves in delinquency.
Domestic violence and a lack of parental guidance also led to juveniles
becoming involved in delinquency.
2: LACK OF EDUCATION
Education
also plays a major role in the development of any minor. Lack of education is a
contributing factor to juvenile delinquency. Minors who do not receive proper
education involve themselves in delinquency.
3- POVERTY
Poverty is also a major factor in
juvenile delinquency. It was often seen that minors who were from poor
backgrounds were easily influenced, which led to delinquent behaviour.
4: FINANCIAL SUPPORT
Lack of financial support also plays
a significant role in juvenile delinquency. Minors who saw poverty very nearly
made money the first priority in their lives, and they were ready to do
anything for money, which led to delinquent behaviour.
5: LACK OF AWARENES
Many minors who don't have proper
awareness about the law and the consequences of the act engage in delinquency
without any fear of the law, which also leads to delinquent behaviour.
HISTORICAL
EVOLUTION OF THE JUVENILE
LAW IN
INDIA
The juvenile justice system has a
long history in itself; from ancient times until now, it's highly changed. In
ancient and mediaeval times, juveniles were treated in the same way as adults.
The punishment that is prescribed for adults is also prescribed for the
juvenile; there is no difference in the law between them.
but during the time when law is
evolved, there is a need to have a different law for both juveniles and adults
because both have a different mental level of understanding and juveniles
cannot be treated in the same way as adults. and now, with the help of
jurisprudence and a new legal system, we draw the line between juvenile and
adult law.
The Apprentices Act of 1850
was the first act of India that dealt with juveniles. This act gives the court
the power to deal with juveniles differently from adults and try to refine them
through rehabilitation rather than punishing them. This act was the foundation
for gently dealing with juvenile cases.
The second act was the Reformatory
Act of 1876. The main object of this act was to add some more provisions
related to juveniles that are beneficial to them.
The third act was the Children's
Act of 1960. This act will make a huge change in the history of juvenile
justice, as its main focus in rehabilitation is providing a good education,
mentorship, and other training programmes. and this act sends juveniles to the
remand home instead of sending them to prison, where juveniles learn how to
behave in society and how to control their aggression.
The fourth act was the Juvenile
Justice Act of 1986. This act made the biggest difference in the age of
juveniles; in the case of boys, it was 16 years, and in the case of girls, it
was 18 years, and this was rectified in the Juvenile Justice Act 2000, where
the age of "juvenile or child" was 18 years for both girls and boys.
JUVENILE
JUSTICE ACT 2000
In the year 2000, India passed a
revolutionary law that is the Juvenile Justice Act 2000, which basically deals
with juveniles who are under the age of 18. This act made a huge difference in
the law made for adults and the law made for juveniles. Before this act,
juveniles and adults were treated by the same law. This act comes to help
youngsters who are immature and committed the offence without knowing the
result of the act by providing direction, guidance and rehabilitation
rather than punishing them so they can become a prudent man for his life and a
harmless person for society.
JUVENILE
JUSTICE ACT 2015
The Ministry of Women and Child
Development suggested an amendment to the Juvenile Justice Act 2000. As a
result, the original Act was revised, and the Juvenile Act 2000 was replaced
with the Juvenile Act 2015.
It happened because of the backdrop
of the DELHI GANG RAPE CASE, which happened in 2012. Among the many offenders,
one was a minor; he was 17 years old, due to which it was difficult to punish
for such a heinous crime. The further ministry of women and child development
also saw the example of increasing the number of crimes, especially between the
ages of 16 and 18. This is the major reason that the Ministry of Women and
Child Development proposed an amendment to the Juvenile Justice Act 2000.
The J.S. Verma Committee was
constituted in order to recommend amendments to the Juvenile Justice Act 2000,
and this committee recommendation stated that it is not inclined to reduce the
age of juveniles from 18 to 16 years, but instead, for heinous offences, a
special category of 16 to 18 years would be created, and under some special
circumstances (heinous crimes), they can be tried as adults.
HISTORICAL
EVOLUTION OF THE JUVENILE LAW IN
THE UNITED
STATE
FIRST JUVENILE COURT
The first juvenile court was
established in "Denver "and Chicago" in the year 899. It is the
foundation of the juvenile court that tigers the demand for juvenile justice.at
the international level. Since that time, the juvenile court has started to
make a difference between adults and juveniles.
Before the establishment of the first
juvenile court, matters relating to the juvenile were dealt with according to
the doctrine of ''parens patriae," which means the state could act as
parents. So, the court is allowed to get involved in the matter relating to the
juvenile and provide justice that is in the best interest of the minor.
After the establishment of the first
juvenile court, the urge to open a juvenile court in another state also arises.
In the year 1925, nearly 50 states opened a juvenile court. The new court will
decide the matter on the basis of the root cause behind the offense. The new
court faces many problems, such as a lack of experience as an advocate in the
matter of juveniles, and judges also criticise the fact that they have huge
power to decide the case.
The first act relating to juveniles
was passed in 1974, which was the Juvenile Justice and Delinquency
Prevention Act (JJDPA). It makes a huge change in the history of juvenile
justice. This act provides proper guidelines and directions relating to the
juvenile and also focuses on the best interests of the juvenile. After this
act, it was reauthorized several times to make a fine law for juveniles.
CASES
1-
Pratap
Singh v. State of Jharkhand and Anr.
In this case, the Hon’ble Supreme Court
held that the maturity of a person is counted from the date on which a wrongful
act was committed and not from the date on which cognizance was taken by the
Magistrate when the dispute related to the maturity of a person.
2-
Jitendra
Singh, Babboo Singh & Anr.v. State of U.P. (lawless Appeal No. 763 of 2003)
In this case, the court decided that
anyone declaring that they were juvenile on the day on which the offence was
committed wedded need to bring this claim before the trial court or the high
court as soon as possible. Still, this does not prevent someone from bringing
up this issue before the Supreme Court if it is not made for some reason. The
JJ Act is salutary legislation, and a procedural defence (analogous to staying
to file a claim for maturity) would not help someone file a claim under the
Act. Still, the onus of substantiation is with the person making the claim in
order to establish a primary base for initiating an exploration into the plea
of maturity.
Comparative Study of Juvenile in India
and United State
The approaches to juvenile justice
and punishment in the USA and India differ significantly in terms of legal
frameworks, the treatment of juvenile offenders, and the philosophy behind
punishment and rehabilitation.
LEGAL
FRAMEWORKS
USA: The legal framework of juvenile
justice in the US focuses on rehabilitation and then the punitive measures
taken by the court on the basis of the acts done by the youngsters.
INDIA: The legal framework of
juvenile justice in India is mostly focused on rehabilitation, guidance, and
directions rather than punishing them because it's based on the concept that
human beings make mistakes, and we need to give them a chance so they can fix
their mistakes and come into society as prudent men.
Age of Responsibility:
USA: In the USA, different states
have different criteria by which a person can be tried as an adult, but the
most common range is 16- to 18-year-old youngsters who can be tried as adults.
For serious crimes, some states permit the transfer of juvenile cases to adult
courts, and for that reason, the age of the juvenile is different in each state
of the USA. For example, in Alaska, the age at which a juvenile case can be
transferred to adult court is 16, in Arkansas, it is 14, in California, it is
16, and in Colorado, it is 15.
India: As per the Juvenile Justice
Act, people under the age of 18 are considered to be juveniles. Under Section
15 of the Juvenile Justice Act 2015, it is described if a minor under the age
of 16 to 18 committed a heinous crime (mean punished by 7 years of
imprisonment) so he can be treated as an adult, which is decided by the
juvenile justice board on preliminary assessment and is based upon the
following things:
1.
Mental
capacity to commit the offence
2.
physical
capacity to commit the offence.
3.
Ability
to understand the consequences of the offence.
4.
Circumstances
under which allegedly the offence was committed.
In the case of BARUN CHANDRA THAKUR
vs. MASTER BHOA 2022
In this case, the consequences of a
child being tried as an adult are described.
•
A
sentence can go up to life imprisonment.
•
The
disqualification attached to the conviction shall be removed for a child tried
by the board, but the same protection would not be available to a child tried
as an adult.
•
Relevant
records of conviction can be directed to be destroyed for those tried before
the board, but such a benefit would not ensure a child tried as an adult.
Punishment vs. rehabilitation
USA: In major state of the United
States, courts give harsh punishment rather than rehabilitation. It was because
of the historical shift that the previously united states also gave preference
to rehabilitation and provided guidance. but due to the change in society
towards modernization, the crime rate done by juveniles was also increasing, so
to keep in mind public safety, the court leans towards the punitive major
rather than rehabilitation.
India: In India, rehabilitation is
the main concern of the courts. Its main aim is to give a new chance to the
juvenile so he will not make the same mistake again. Basically, India is a
developing country. The reason behind the increase in juvenile offences in
India is mainly related to hunger, lack of education, financial support, and
family disputes, so that is why India is more tilted towards rehabilitation.
The United States and India have
distinct approaches to juvenile justice. The United States indicates
state-by-state differences in punitive approaches, whereas India is primarily
concerned with rehabilitation and the well-being of juvenile offenders.
CONCLUSION
By comparing the juvenile justice
systems of India and the united state, we can come to the conclusion that both
systems are, in some aspects, parallel and distinct in dealing with juveniles.
Both nations focus on their first apprehension to deal gently with the juvenile
by providing rehabilitation, guidance, and direction.
In India, the main focus of the
juvenile courts is to provide rehabilitation because they believe that
juveniles are immature and do not know the consequences of the act, and they
can be refined by providing them with education, counselling, and
skill-building programs. In India, courts try to find out the root cause
of the offence and, according to that, give a punishment. Mostly, the root
causes of offences in India are related to child labour, lack of education, and
financial support. That is the reason India is more inclined towards
rehabilitation.
On the other hand, the juvenile
justice system of the United States places less focus on rehabilitation and
more emphasis on punitive measures. It was because of changes in society that
the offences by juveniles also increased, and rehabilitation was not a good
option at that time. So, to keep in mind the security of the society, the
United States was more tilted towards the punitive major. In every state of
united state, a distinct age is given to transfer the case to adult court,
where punishment is the main concern of the court.
This study reflects how juvenile law
evolved according to the needs of society and how it's going to help youngsters
to refine themselves. Apart from this, both countries have different
preferences for dealing with juveniles, but both countries use a balanced
strategy to provide the best option for the juvenile. which, in the opinion of
all the courts, is rehabilitation.
Article Information
PUNISHMENT UNDER JUVENILE JUSTICE: A COMPARATIVE STUDY IN INDIA AND THE UNITED STATES
Authors: ANURAG SIGOTIYA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/12/27
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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