Juvenile Justice System in India

In the Juvenile Justice system in India, a fitting Latin phrase is ‘Nil Novi Spectrum,’ which means that nothing is new on this earth. Throughout history, there has been a belief worldwide that young people should be treated with leniency because it is commonly thought that they tend to react to frustration and resort to aggression.

In recent years, there has been a significant increase in crimes committed by children aged 15-16. The reasons behind these crimes are often related to early-life experiences, dominant masculinity, upbringing, economic difficulties, and lack of education. It is shameful that children as young as 6-10 years old are now being exploited to engage in unlawful activities. Due to their innocent and easily influenced nature, they can be manipulated at a low cost.

Meaning and Concept of Juvenile

The term “Juvenile” refers to a young person who still exhibits childlike qualities. “Delinquency” means not following societal norms or failing to fulfil responsibilities, which can involve committing crimes or doing wrong. “Justice” relates to fairness, equity, and genuine respect for people. It is about seeking moral righteousness and fair treatment against unfair behaviour. 

The Juvenile Justice System falls within the realm of criminal law and aims to address the needs of young individuals who are not yet old enough to be held fully responsible for their criminal actions.

Juvenile delinquency occurs when young individuals engage in acts that go against society. Juvenile Justice means ensuring just, fair, and equitable treatment for children and young individuals to shape their personalities within society. 

The Juvenile Justice System deals with the challenges faced by children and society. Its primary objective is to protect children by providing appropriate treatment and creating an environment that fosters positive human development. It is a socio-legal approach to establishing conditions for rehabilitating delinquent juveniles.

Almost all civilized countries have implemented Juvenile Justice Laws to treat young offenders in a fair manner, allowing them to lead peaceful, moral, and democratic lives. These laws apply to individuals under the age of 18. Juvenile Justice is administered through child-friendly Juvenile courts. 

The main focus of this system is to emphasize rehabilitation rather than punishment. When a child or young person commits a wrong or becomes delinquent, the Juvenile court takes steps to provide care and gentle treatment through specialized institutions. This way, juvenile offenders can find a path to lead a decent life.

Definition of Juvenile under Juvenile Justice Act of 2015

The word “juvenile” originates from the Latin term “juvenis,” which means “young.” In general, a “child” is someone who has not yet reached the age of 18 and lacks the maturity to fully understand right from wrong. Many countries’ legal systems follow the principle of ‘Doli Incapax,’ which states that a child cannot form criminal intent to commit an offence.

In India, the Juvenile Justice Act of 2015 is a law that falls under the Juvenile Justice System. It defines the terms “child” and “juvenile” as follows:

According to the Juvenile Justice Act of 2015, a “child” is defined as a person who is below 18 years of age. The Act distinguishes between children who are in conflict with the law and those who are in need of care and protection.

On the other hand, a “juvenile” refers to a person who is below the age of 18 and has allegedly committed an offence. The Juvenile Justice Act recognizes that juveniles in conflict with the law require specialized care and protection, and therefore, they are dealt with through a separate juvenile justice system.

It’s important to note that other laws within the Juvenile Justice System in India may define a “child” and a “juvenile” differently. 

For example, the Indian Penal Code (IPC) defines a child as a person below the age of twelve years. 

The Protection of Children from Sexual Offences (POCSO) Act of 2012 defines a child as someone below the age of eighteen years. The POCSO Act also defines a juvenile as a person who has not yet reached the age of eighteen. The definition of a child and a juvenile can vary depending on the specific context and purpose of the law within the Juvenile Justice System in India.

Difference Between Juvenile and Child

A person who is below the legal age of eighteen is considered a minor, meaning they are not fully responsible under the law. When a child is accused of a crime, they are not treated as an adult and are sent to a Child Care Centre. 

On the other hand, a juvenile is someone between the ages of sixteen and eighteen. If a young person within this age group commits a crime, they are considered juvenile offender and may be tried as adults in court proceedings.

In general, both terms refer to young individuals, but their implications in the eyes of the law differ. “Minor” generally refers to young and teenage individuals, while “juvenile” can signify either an immature person or a young offender.

Claim of Juvenility

The “claim of juvenility” question is a highly debated issue among legal professionals and socialists. The determination of juvenility is the responsibility of the Juvenile Justice Board. 

According to the Juvenile Justice Rules, 2007, the Board must consider Rule 12 to decide on the claim of juvenility. It is important to note that the claim of juvenility can be raised before the court at any stage of the proceedings, even after the Board has disposed of the matter.

In the case of Kulai Ibrahim v. State of Coimbatore, the court recognized that the accused has the right to raise the question of juvenility during the trial or even after the case has been disposed of, as stated in Section 9 of the Juvenile Justice Act, 2015.

In the case of Deoki Nandan Dayma v. State of Uttar Pradesh, the court ruled that the entry in the school register mentioning the date of birth of the student can be considered as evidence to determine the age of the juvenile or to establish whether the accused is a juvenile or a child.

Similarly, in the case of Satbir Singh & others v. State of Haryana, the Supreme Court emphasized that the date of birth recorded in the school records should be taken into consideration by the Juvenile Justice Board when determining whether the accused is a juvenile or not.

However, in the case of Krishna Bhagwan v. State of Bihar, the court stated that for the purpose of trial before the Juvenile Justice Board, the relevant date to consider the age of the juvenile should be the date on which the offence was committed.

But in a subsequent case, Arnit Das v. State of Bihar, the Supreme Court overturned its previous decision and held that the date to decide the claim of juvenility should be the date on which the accused is brought before the competent authority.

History of Juvenile Justice System in India

In recent times, there has been a global movement advocating for special treatment of juvenile offenders, including in developed countries like the U.K. and U.S.A. This movement originated around the 18th century. Before this movement, juvenile offenders were treated the same as adult criminals. 

In recognition of the need to protect the rights of juvenile offenders, the United Nations General Assembly adopted the Convention on the Rights of the Child on November 20, 1989. This convention aims to safeguard the best interests of juvenile offenders and states that there should be no judicial proceedings and court trials against them in order to promote their social reintegration.

In response to this convention, the Indian Legislation repealed the Juvenile Justice Act of 1986 and introduced a new law called “The Juvenile Justice (Care and Protection of Children) Act, 2000.” 

The previous Juvenile Justice Act of 1986, which replaced the Children Act of 1960, aimed to implement the guidelines outlined in the Standard Minimum Rules for the Administration of Juvenile Justice adopted by U.N. member countries in November 1985. 

This act consisted of 63 sections and 7 chapters, applicable throughout India except for the state of Jammu and Kashmir. Its primary objective was to provide care, protection, treatment, development, and rehabilitation for neglected juvenile delinquents. The main goals of the act were:

• Establishing a uniform framework for juvenile justice in the country that protects the rights and interests of juveniles.
• Outlining the necessary machinery and infrastructure for juvenile offenders’ care, protection, treatment, development, and rehabilitation.
• Providing basic provisions for the proper and fair administration of criminal justice in cases involving serious crimes committed by juvenile offenders.

Juvenile Justice Act, 2000

The Juvenile Justice (Care and Protection of Children) Act was initially enacted in the year 2000 to provide protection for children. This act underwent two amendments, first in 2006 and later in 2011, in order to address gaps and loopholes in its implementation.

However, in recent years, there has been a significant increase in cases of juvenile crimes. The horrific incident of the “Delhi Gang Rape Case” brought attention to the shortcomings of the existing law.

The Act was found to have inadequate legal provisions, and the malfunctioning juvenile system also contributed to the prevention of juvenile crimes in India. As a result, the Act was replaced by The Juvenile Justice (Care and Protection) Act in 2015.

Juvenile Justice Act, 2015

The Juvenile Justice Act of 2015 replaced the Juvenile Justice Act of 2000 in order to establish a more robust and effective justice system that incorporates both deterrent and reformative approaches. 

The new act recognizes that the approach towards juveniles should be different from that of adults. It emphasizes the need to provide juveniles with space for transformation, reformation, and improvement, which requires a specialized justice system.

The Juvenile Justice (Care and Protection of Children) Act, 2015 introduced several key features. It defines a child as someone below 18 and distinguishes between a “Child in Need of Care and Protection” and a “Child in Conflict with Law.” 

The act classifies offences into heinous, serious, and petty categories. It allows for juveniles between the ages of 16 and 18 to be tried as adults after considering their mental capacity.

The act also introduced the establishment of Juvenile courts, dedicated to handling juvenile offenses. Additionally, it expanded the scope of the definition of a “Child in Need of Care and Protection.” 

This includes situations where the child’s guardians are unfit or uninterested in caring for them, when the child is engaged in labour in violation of labour laws, or when there is a risk of marriage before reaching the lawful age.

The act also addresses adoption, recognizing the rights of adopted children. Its primary goals are to consolidate laws relating to children in conflict with the law and children in need of care and protection. It aims to cater to their basic needs by providing proper care, protection, development, treatment, and social integration. 

The act adopts a child-friendly approach in the adjudication and disposal of matters in the best interest of children. Rehabilitation of juvenile offenders is emphasized through various child care houses and institutions.

Present Juvenile Justice System in India

In line with other countries, India has established legal provisions that specifically address the rights and protection of juvenile offenders, aiming to address the issue of juvenile delinquency. The Juvenile Justice System in India is built on three key assumptions:

• Young offenders should not be brought before regular courts but should instead be guided and corrected through various means.
• Juvenile offenders should not be subjected to punishment by the courts; instead, they should be given an opportunity to reform and reintegrate into society.
• The trial process for children in conflict with the law should focus on non-penal treatment, utilizing community-based social control agencies such as Observation Homes and Special Homes.
• These principles form the foundation of the Juvenile Justice System in India, emphasizing rehabilitation and reintegration rather than punitive measures for juvenile offenders.

Development of Juvenile Justice System

The Juvenile Justice System worldwide is based on the understanding that children are not fully developed and lack the maturity of adults. This is supported by the legal principle of “doli incapax,” which states that children do not have the capacity to form criminal intentions. As a result, children cannot be held accountable for their illegal acts.

The concept of maturity extends beyond cognitive development and includes the interaction between a child and their environment. A child’s cognitive abilities are shaped by their environment, which influences their understanding and interpretation of the world. The definition of youth and child varies across different statutes, and there is no general consensus on the specific age of adulthood.

The new Juvenile Justice legislation reflects a policy shift towards a more progressive approach. The act adopts the philosophy of parens patriae, emphasizing institutionalized care and protection. The focus is on the reformation and socialization of young individuals, with punishment being seen as an exception rather than the norm. Juvenile Justice Systems differ significantly from ordinary criminal courts, as they employ informal hearings.

On July 28, substantive amendments were made to the existing Juvenile Justice Act of 2015. The Juvenile Justice Care and Protection of Children Amendment Bill 2021 was passed by both the Rajya Sabha and Lok Sabha during the budget session of 2021, receiving support from both the opposition and the ruling party. Once it receives the President’s assent, the new amendment bill will come into force.

Specific Provisions of the Legal Code and Relevant Case Laws

Sections 82 and 83 of the Indian Penal Code (IPC), 1860 indeed deal with the exclusion of juveniles from prosecution. In the case of Kakoo v. Union of India, the Supreme Court reduced the prison sentence of a 13-year-old boy who had raped a 2-year-old girl. 

The court considered Sections 83 and 84 of the IPC, which specify that juveniles cannot be treated as adults. It is well-established in law that when dealing with juveniles, the court must take into account both reformative and humanitarian perspectives.

However, in the case of Heeralal v. Union of India, a child threatened an adult by chopping him into pieces and stabbing another individual to death. The court convicted him, citing the fact that the boy was of legal age. The apex court also rejected the petition.

In the case of Satya Deo v. State of Uttar Pradesh, it was held that a child should not be denied the right to be treated as a juvenile at the time of the commission of an offence if they were under the age of 18, even if the offence occurred before the implementation of the Juvenile Justice Act of 2000. Section 25 of the Juvenile Justice Act, 2015 states that the 2000 Act will continue to apply to cases that were pending prior to the passage of the 2015 Act.

In the case of Salil Bali v. Union of India, there was an argument to amend the current Juvenile Justice Act to lower the age from 18 to 16 years and to try juveniles who commit heinous crimes such as rape and murder as adults. 

The Supreme Court rejected the petition, stating that the Juvenile Act is based on sound principles and is in accordance with the Indian Constitution. Several international instruments, including the Beijing Rules and the Riyadh Guidelines, recognize child rights and allow for separate criminal justice systems for juveniles.

Conclusion

The Juvenile Justice System aims to provide special treatment and protection for juvenile offenders based on the understanding that children are not fully mature like adults and may not fully comprehend the nature and consequences of their actions. The system focuses on reform and rehabilitation rather than punishment, considering the child’s best interests.

The Juvenile Justice Act of 2015 in India replaced the previous legislation to strengthen the justice system for juveniles, introducing provisions for the classification of offences, the establishment of juvenile courts, and expanding the definition of children in need of care and protection. The Act emphasizes juvenile offenders’ care, protection, development, and social integration.