THE JUVENILE JUSTICE LAW

by | Jun 22, 2024

INTRODUCTION

The juvenile justice system in India, under the Juvenile Justice (Care and Protection of Children) Act, 2015, aims to protect, rehabilitate, and reintegrate children in conflict with the law. Recent changes allow juveniles aged 16-18, who commit heinous crimes, to be tried as adults, reflecting a stricter stance on serious offenses. The system focuses on rehabilitation through Juvenile Justice Boards and Child Welfare Committees rather than punishment. The Supreme Court has stressed the importance of a balanced approach, combining reformation with accountability. There is an ongoing need for better implementation and support for juvenile homes. Increasing emphasis is being placed on mental health and educational programs to prevent reoffending.

The Juvenile Justice (Care and Protection of Children) Act, 2015, is the primary legislation in India dealing with children in conflict with the law and children in need of care and protection.

Section Provision Description
Section 2 Definitions Defines terms such as “child,” “juvenile,” “child in conflict with law,” “child in need of care and protection,” etc.
Section 3 General Principles of Care and Protection of Children Outlines principles such as the best interest of the child, presumption of innocence, and institutionalization as a last resort.
Section 4 Juvenile Justice Board Establishment and constitution of Juvenile Justice Boards (JJBs) for handling cases involving children in conflict with the law.
Section 8 Powers, Functions, and Responsibilities of the Board Describes the powers and functions of the Juvenile Justice Board.
Section 10 Apprehension of Child in Conflict with Law Procedures to be followed when a child is apprehended for an alleged offense.
Section 12 Bail of Juvenile Provisions regarding bail for juveniles.
Section 15 Preliminary Assessment in case of Heinous Offences by Child above the Age of Sixteen Years Preliminary assessment of children aged 16-18 years for heinous offenses to decide if they should be tried as adults.
Section 21 Prohibition of Publication of Name, etc., of Juvenile in Conflict with Law Prohibits the publication of names or any other identifying information of juveniles in conflict with the law.
Section 27 Child Welfare Committee Establishment and constitution of Child Welfare Committees (CWCs) to handle cases involving children in need of care and protection.
Section 29 Functions and Responsibilities of the Committee Functions and responsibilities of the Child Welfare Committee.
Section 34 Children’s Homes Provisions for the establishment and management of children’s homes for the care, treatment, education, training, development, and rehabilitation of children in need of care and protection.
Section 56 Adoption Provisions related to the adoption of children.
Section 74 Prohibition on Disclosure of Identity of Children Prohibits the disclosure of the identity of children in any form of media or by any other means.

Recent Amendments (Juvenile Justice (Care and Protection of Children) Amendment Act, 2021)

Section Provision Description
Section 2 (14) Definitions Expansion of the definition of “child in need of care and protection” to include children found to be in difficult circumstances.
Section 27 (1) Child Welfare Committee Increase in the number of members of the Child Welfare Committee from one to five, with stricter qualification criteria.
Section 86 (2) Penalties Enhanced penalties for certain offenses under the Act.

LANDMARK CASES:

Case Name Case Year Case Description
Mukesh & Anr vs State for NCT of Delhi & Ors (Nirbhaya Case) 2012 Involved a minor accused in the gang rape and murder of a young woman in Delhi. The minor was sentenced to three years in a reform home, sparking public outcry and calls for reform in juvenile law. This case led to amendments in the Juvenile Justice Act, 2015.
Abuzar Hossain alias Gulam Hossain v. State of West Bengal 2012 The Supreme Court delineated the process and criteria for ordering an inquiry into juvenility, emphasizing the initial burden on the claimant to produce material that prima facie satisfies the court that an inquiry is necessary.
Salil Bali vs Union of India 2013 The Supreme Court upheld the constitutional validity of the Juvenile Justice Act, 2000, which prohibited the trial of juveniles as adults. This case emphasized the need for reformative justice for juveniles.
Dr. Subramanian Swamy & Ors vs Raju, Through Member Juvenile Justice Board & Anr 2013 The Supreme Court rejected the plea to lower the juvenile age from 18 to 16 years, stressing the importance of a reformative approach for juvenile offenders.
Parag Bhati (Juvenile) through Legal Guardian-Mother-Rajni Bhati v. State of Uttar Pradesh and another 2016 The Supreme Court cautioned against a casual approach in determining juvenility in cases where the accused commits a grave and heinous offense, emphasizing the need for clear and unambiguous evidence to prove juvenility.
Shilpa Mittal vs State of NCT of Delhi & Anr 2020 The Supreme Court ruled that offenses which are not categorized as either heinous or serious under the Juvenile Justice Act should be treated as serious offenses, providing clarity on the treatment of such cases.
Minor Rape Victim’s Case in Uttar Pradesh 2021 A minor was sentenced to a special home for the rape of a six-year-old girl. The case highlighted the effectiveness of the Juvenile Justice Act, 2015, in dealing with serious offenses committed by juveniles.
Gauri Shankar Yadav vs State of U.P. & Anr 2022 The Supreme Court reaffirmed that juveniles should not be tried as adults for offenses committed when they were under 18, emphasizing the reformative approach of juvenile justice.
In Re: Exploitation of Children in Orphanages in the State of Tamil Nadu 2022 The Supreme Court issued directions to ensure the safety and well-being of children in shelter homes and orphanages, emphasizing the need for proper implementation of the Juvenile Justice Act, 2015.
Monish vs State Of U.P. And 3 Others 2023 Highlighted the legislative intent of the JJ Act, 2015, focusing on the reformative and ameliorative approach for juvenile offenders. Emphasized the necessity of adopting interpretations favorable to the accused when multiple conclusions are possible.
Porsche Car Accident Case (Pune) 2023 An intoxicated seventeen-year-old boy driving an overspeeding sports car killed two IT professionals in Pune. The Juvenile Justice Board initially granted bail with conditions like writing an essay and working with Traffic Police but later canceled the bail on May 22, 2023.

DRAWBACKS OF JUVENILE LAW IN INDIA

  1. Ambiguity in Age Determination:
    • Issue: Determining the exact age of the juvenile can be challenging and subject to manipulation.
    • Solution: Implement stricter guidelines and use a combination of birth certificates, school records, and medical tests for accurate age determination.
  2. Lenient Punishments for Serious Offenses:
    • Issue: The Juvenile Justice Act is seen as too lenient, especially for juveniles committing heinous crimes.
    • Solution: Ensure that juveniles aged 16-18 who commit heinous offenses are evaluated rigorously to decide if they should be tried as adults, while maintaining a focus on rehabilitation.
  3. Inadequate Rehabilitation and Reintegration Programs:
    • Issue: Lack of effective rehabilitation and reintegration programs for juvenile offenders.
    • Solution: Enhance and expand vocational training, education, and psychological support programs within juvenile homes to ensure better reintegration into society.
  4. Overburdened Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs):
    • Issue: These bodies are often understaffed and overburdened, leading to delays and inadequate attention to cases.
    • Solution: Increase funding, staffing, and training for JJBs and CWCs to improve their efficiency and effectiveness.
  5. Lack of Public Awareness and Sensitization:
    • Issue: There is a general lack of awareness and sensitivity towards juvenile justice issues among the public and law enforcement.
    • Solution: Conduct public awareness campaigns and training programs for law enforcement officers, judiciary members, and the public to foster a better understanding of juvenile justice.
  6. Insufficient Monitoring and Evaluation:
    • Issue: There is a lack of regular monitoring and evaluation of juvenile justice institutions and programs.
    • Solution: Establish regular audits and evaluations by independent bodies to ensure compliance with the Juvenile Justice Act and improve the quality of services provided.
  7. Inconsistencies in Implementation Across States:
    • Issue: There are inconsistencies in how the Juvenile Justice Act is implemented across different states.
    • Solution: Standardize implementation guidelines and ensure uniform training for officials across all states to achieve consistency in application.
  8. Inadequate Legal Representation for Juveniles:
    • Issue: Juveniles often do not receive adequate legal representation.
    • Solution: Ensure that every juvenile in conflict with the law has access to competent legal aid and representation throughout the legal process.
  9. Misuse of the Juvenile Justice System:
    • Issue: There are instances where the system is misused by juveniles or their guardians to evade harsher punishments.
    • Solution: Introduce stricter scrutiny of claims of juvenility, especially in cases involving serious crimes, to prevent misuse.
  10. Stigma and Social Reintegration Challenges:
    • Issue: Juveniles face significant stigma, which hampers their reintegration into society.
    • Solution: Implement community-based programs and awareness campaigns to reduce stigma and encourage societal acceptance of rehabilitated juveniles.

RECOMMENDATIONS FOR IMPROVEMENT

  • Policy Reforms: Regularly update the Juvenile Justice Act to address emerging challenges and incorporate best practices from around the world.
  • Capacity Building: Invest in capacity building for all stakeholders involved in juvenile justice, including judges, police, probation officers, and social workers.
  • Collaboration with NGOs: Partner with NGOs and civil society organizations to provide better rehabilitation and reintegration services.
  • Data and Research: Conduct comprehensive research and maintain data on juvenile crimes and rehabilitation outcomes to inform policy decisions.

By addressing these drawbacks and implementing the suggested solutions, the juvenile justice system in India can be made more effective, ensuring both the protection of society and the rehabilitation of juvenile offenders.

SOURCE – THE TIMES OF INDIA

 

Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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