Children who have conflicted with the law and need care and protection.
Children are considered the greatest asset of any society or Nation that is why
children should be grown as responsible citizens, mentally alert, physically
fit, and morally healthy so they can contribute to the betterment of society.
Due to various reasons, children indulge in crime. Juvenile System of law that
is indented to protect the human rights of minor or underage person who have
accused of offences or have been abandoned or neglected by their parents or
guardians. Its aim is for rehabilitation than adult criminal justice. Article 15
of the constitution guarantees special attention to children through necessary
and special laws and policies that safeguard their right.
The Articles 15(3)1 , 39 (e)2 and (f)3 , 454 and 47 of the Constitution of India
confer powers and impose duties on the State to ensure that all the needs of the
children are met and their basic rights are fully protected. The term juvenile
has emerged from the Latin word juveniles which mean young.
And as per juvenile justice act the term juvenile refers to a child below the
age of 18.Fundamental principle of law say that if unequal are brought together
are bought one platform and treated in the same manner that would result in
inequality not equality and children are different from adult. Also children's
are venerable section of society hence juvenile require humane
Putting jails with adult would not help them to rehabilitate rather become
criminals. They don't understand that due to their young age and the potential
consequences of their actions, children should not be subjected to the same
punishments as adults.
Evolution Of Juvenile Justice System In India
Evolution of juvenile justice system in India can be divided into 6 faces
through reference to treatment of children to legislative development the
duration intervention as well as other government policies. Prior to 1773 we
have Hindu law and Muslim law Hindu's used to follow manusmriti where is Muslims
use to follow Sharia law.
Both the laws governed this the society and emphasis on proper upbringing of a
children as the sole responsibility of a parent they have to take care and
protect the children. If they were unable to do that then someone from their
community used to take care of the child. Under the Muslim law if a abandoned
child was found and feel that this child would be harmed then the person who
found the child was under the duty and obligation to take care of the child.
While comparing these two regulations, we see that children were penalized for
crimes in various:
- Nothing in this article shall prevent the State from making any special
provision for women and children.
- that the health and strength of workers, men and women, and the tender
age of children are not abused and that citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength;
- That child are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and that childhood
and youth are protected against exploitation and against moral and material
- Provision for free and compulsory education for children
The State shall Endeavour to provide, within a period of ten years from the
commencement of this Constitution, for free and compulsory education for all
children until they complete the age of fourteen years.
ways. For example, a Hindu child who was caught throwing trash in a public area
had to clean it up whereas an adult had to pay a fee. There is a more detailed
induction in Muslim law that prohibits the execution of children. The other
traditional text so demonstrates that children were considered differently from
adults and that, when actions involving the care or survival of a child were
taken, they were not held entirely accountable.
1773-1849-.After the crown acquired control in 1608, the East India Company was
established as a trade firm. Between 1773 and 1815, numerous committees were
founded with a focus on children in jails. The charter act of 1833 changed the
company's commercial position to that of a governing body. For Bal Krishna
Chandra, this system of child welfare took on various shapes.
The then-governor general is contacted by Ghoshal and J.Narayana Ghoshal in
order to set up residences for young people in need in the important training
city of Calcutta. Since the first ragged school for squatters and orphans was
founded in Bombay in 1843. The intention was to reform the young offenders who
had been detained by luring them into employment through industrial training and
apprenticeship. led to the 1855 apprenticeship act's passage as well. 1850-1919
The printer ship act was passed in 1850 to keep juveniles out of jails, and
according to the report of the all India jail committee, minors were kept apart
from the criminal court system up until 1920. During this time, a number of laws
specifically pertaining to children were passed, the first of which gave minors
a unique status through the apprenticeship act. The age restriction for criminal
culpability of dominance was subsequently set by sections 82 and 83 of the
Indian Penal Code of 1860.
Children were shielded from the criminal justice system by the established parts
until they had grown cognitive faculties to comprehend the nature of their
conduct. CRPC between 1861 to 1898 in 3 section 298 399 in 562 prescribed for
separate trial for the person below the age of 15 years and required that they
should be confined in reformative than in adult prison.
This change the approach towards treatment of the Juvenile from punishment to
reformation. Whipping act of 1864 also came into force. Juvenile justice act of
1986- -first formal attempt by the Indian government at streamlining and
formulating a specific law for juveniles in India.
Some Important Provision Of 1986 Act Are:
Juvenile Justice Care And Protection Act 2000:
- It defined a Juvenile as a 16 years of age for boys and 18 years of age
- Children Where classified under 2 categories one is Juvenile delinquency
that is children under the prescribed age committed and offence and second
neglected juveniles who needed care and protection from the state and state
- Act prohibited arrested child from being detained in police custody or
in jail under any circumstances.
- Establishment of Juvenile courts and Juvenile welfare boards.
- once the proceedings are completed the neglected juvenile where sent to
Juvenile homes where the juvenile delinquents were kept in special home for
a prescribe period of time.
India had ratified the UN convention on the rights of
the child in 1992 the need to bring the domestic law in conformity with the
newly evolved and developed international standards that India had a great to be
bound by hence years of the effort focus on revamping the Juvenile justice
system law which adopted a new philosophy and new structure and a new
Some Of The Features Of This Act Are:
- Children in conflict with the law means juveniles who have committed an
offence while children in need of care and protection include those who are
being or is likely to be grossly abandoned abused tortured or exploited for
the purpose of sexual abuse or illegal act.
- Also provided for the establishment of separate homes for different age. groups in order to
separate the younger of endorse from the mature of juveniles this was
inconformity with the Beijing rules status on administration of Juvenile
The act contemplates remand homes for
juveniles and child welfare committee in every district and provides for four
types of homes for juveniles -observation homes, special homes, children homes,
shelter homes. The act incorporates the international standards and includes a
provision stating that the child's right to participation in proceedings
pertaining to him or her (sec 12).
This act also clearly recognizes that civil
society needs to be involved significantly if true justice is to be provided to
all children. Special Juvenile police unit was established to effectively handle
juveniles for every police station to have a job in or have child welfare
officer who is supposed to be trained and oriented to treating juveniles with
But there was certain criticism for this act like the act is violative of
the existing human rights standards which have been evolved by the states at the
international level even though its preamble indicates that the law attempts to
be inconformity with the same and incorporate the international standard into
The best interest principle contradicts with the right to
participation principle which is also incorporated in the act reading to a
confusion as to whether or not a child opinion on his or her best interest can
be overwrite adults imposition of the same through the law.
Crucial rides in
international legal standard such as child's right to life, right to equality
and non discrimination right to human treatment and dignity, right against
torture, cruelty, inhumane or degrading treatment or punishment this are
important right but where not incorporated in 2000 act given the fact that many
children face abuse and exploitation in child care institution were important.
Adequate infrastructure facilities failure of many privately run children's
institution to register under the law abuse including sexual abuse in government
run as well as privately run institution and the poor implementation of the
monetary mechanism such as surprise visits to the child care institutions have
further undermine the effectiveness of the law.
Amendment Of 2006-2000:
was amended in 2006 with the intention of establishing a legal framework for the
juvenile justice system in the nation. The amendment act also had the intention
of defining the machinery and infrastructure necessary for the same,
establishing norms and standards for administration of the juvenile system in
India, and establishing links and coordination between the formal system and the
voluntary efforts in the welfare of juveniles.
The 2006 act provide for the
establishment of various kinds of institutions such as:
- Children's homes for the reception of the children in need of care and
- For reception of children in conflict with the law.
- After care organizations this would take care of human health after that
this discharge from children home or special home.
- Observation homes which are made for the temporary reception of
children's during the pendency of any inquiry.
amendment reduce provisions pertaining to adoption in the Juvenile justice act
provides for the court to allow giving a child in adoption to another
irrespective of that persons marital status, irrespective of whether or not the
adopting parents already have a child with the same sex as the child which is to
be adopted to childless couple as well as though who have biological children.
In other way we can say that it broadened the provision on adoption of children
in need of care and protection, a secular law was available governing adoption
of non Hindus as well as Hindus.
Aftermath Of Nirbhaya Case:
The 2008 act was replaced by a new law that was passed in 2015. The Delhi gang rape 5 Mukesh &
Anr vs. State For Nct Of Delhi & Ors
on 5 May, 2017. case in 2012, in which one
of the defendants was a juvenile who was just a few months shy of 18 years old,
contributed to the panic that led to the juvenile justice act of 2015. He was
sentenced to a three-year stay in a reformatory home after being found guilty
under the juvenile justice statute, and he was freed in 2015.
Some people want
to lower the age of juveniles covered by the law for serious crimes despite not
knowing the philosophy of the juvenile justice system. Salient features of 2015
act-While a juvenile was formerly classified as a person under the age of 18,
youngsters between the ages of 16 and 18 may now be charged as adults if they
commit severe crimes. If a minor (16 to 18 years old) is apprehended after
becoming 21, he or she may be forced into prostitution as an adult.
copy treated by the Juvenile classified into three categories in any offences
which prescribes a minimum of 7 years of imprisonment on serious offences
attracts three to seven years of imprisonment and a petty offence prescribe
three or less years of imprisonment.
Juvenile Justice Board:
Child Welfare Committee:
- By the law, there must be two female social workers, a metropolitan
magistrate, and juvenile justice boards in each area.
- The juvenile justice board will carry out an initial investigation into
an offence committed by a juvenile within a given time frame and decide
whether to send the juvenile to a rehabilitation centre, children's court,
or to have them tried as adults. The board may seek assistance from
psychologists, psychosocial workers, and other experts in order to make this
2015 Act Also Introduced For The First Time Through Section 44:
- The law also mandates the establishment of child welfare comedies in each
district with a chairperson and four other members who have experience in
dealing with children.
- Made an effort to speed up the adoption process for often abandoned and
surrendered children by giving the central adoption resource agency the
authority to create guidelines for adopting children who need care and
protection both inside and outside of the country.
- At least one of the four members must be a woman. The committee makes
the decision of whether a large child should be placed in an institution,
put up for adoption, or receives quicker care.
- The act has made an effort to speed up the adoption process for often
abandoned and surrendered children by giving the central adoption resource
agency the authority to create guidelines for adopting children who need
care and protection both inside and outside of the country.
- While there is no bad to single divorced widowed or spinster men and
women adopting a child a single man is prohibited from adopting a girl
Families would register within the government and volunteered to foster At
least one of the four members must be a woman. The committee makes the decision
of whether a large child should be placed in an institution, put up for
adoption, or receives quicker care.
Heinous crimes (16-18yrs):
There is no need
to subject them to a different or adult judicial system because doing so would
violate articles 14 and 15(3) of the constitution. The current human system is
not only reformative and rehabilitative in nature, but it also acknowledges that
the age of 18 is an extremely sensitive and critical age and requires a greater
The Supreme Court In Their Judgment In Sali Bali Case 6:
'the age of 18
has been fixed. The standing committee submitted these proposals, which the
parliament rejected. on account of understanding of experts in child psychology.
Behavioral pattern that till such an age the children in conflict with the law
should still be redeemed and restored to mainstream society.
Subramanian Swami v/s. Raju 7:
A young woman was sexually and physically abused by five people, and
she ultimately passed away as a result of her injuries, the top court noted in
Judgment. One of the five people detained in connection with the crime was under
the age of 18 on the day it was committed. His case was forwarded to the
Juvenile Justice Board in accordance with the Juvenile Justice Act, 2000
("Juvenile Justice Act" or "Act").
The youngster should be tried as an adult in
a regular criminal court, according to a number of petitioners. The Juvenile
Justice Act's meaning is obvious and unmistakable, and it was intended by the
legislature that all people under the age of 18 be placed in one class or group
for the purposes of providing a unique process for their investigation,
prosecution, and punishment for crimes they commit.
This is being done to
advance and put into effect the opinions of the world community that India has
shared by signing the conventions and treaties mentioned. The Constitution does
not prohibit such categorization when the class's broad characteristics are
distinguishable and identifiable and the classification is rationally related to
the purpose being addressed.
The laws of a sovereign country cannot be dictated
by international law or practice, and the Court notes that there is a sizable
body of consensus worldwide that all people under the age of 18 should be recognised as juveniles and given special treatment for crimes they have
committed The object is to ensure their rehabilitation and to enable young
offenders to become useful members of society in later years4 .The provision is
grossly violative of Indian constitution international system which India Hasan
obligation to comply with.
Darga Ram v. State of Rajasthan 8:
The victim, Kamla,
went to sleep with other children in a nearby location. When the complainant,
who is the victim's father, arrived home, he discovered that she was missing,
implying that she may have gone to a relative's home. Searches were conducted at
the homes, but she was not located. The search was extended to the village's
outskirts, where a member of the community discovered the victim's dead body.
During further investigation, it was discovered that Kamla had been raped and
died by having a stone crushed over her head in accordance with section 3029 and
37610 of the IPC.The police for the investigator and arrested dargah Ram was
dumb and illiterate adolescent on 6 Salil Bali vs Union Of India & Anr
July, 2013 7 Dr. Subramanian Swamy And Ors vs Raju Thr.
Member Juvenile Justice
... on 28 March, 2014 8 Darga Ram @ Gunga vs State Of Rajasthan
on 8 January,
2015 9 Punishment for murder. Whoever commits murder shall be punished with
death, or 1[imprisonment for life], and shall also be liable to fine.
Punishment For Rape:
The basis of the injuries found on his private part along
with blood stains. The high court and the session court convicted the appellant
under the IPC section and awarded him life imprisonment. final appeal the print
rays the additional play of juvenility on the date of the commencement of the
crying this is the appellate was illiterate and do not have evident document
like school or any other certificate the code directed the medical college of
Jodhpur for medical examination of the apparent after all the procedures were
done the age of the appellant was found between 33 to 36 years of age.
to Rule 12(3)(b) of the Juvenile Justice Act, 2000, in the absence of a
matriculation certificate, birth certificate from the school, and birth
certificate from the municipal corporation, the court shall make an inquiry and
take such evidence as may be necessary to determine the age of the child.
Section 7A of the Juvenile Justice Act, 2000, which states that whenever it is
argued that the accused was a juvenile on the date of the commission of an
However, the lower court ordered the life imprisonment which the
appellant had already suffered for 4 years. The appellant's hearing and speech
impairments never attracted Section 2(d)(iii) 11 of the JJA, 2000 which protects
physically and mentally challenged children.
The Provision is regressive in nature as it moves to watch the retribution and
incarnation rather than reformation rehabilitation and mainstreaming of the
Juvenile in society. Ncpcr says- in principle are country has one of the most
advanced Juvenile system in the world today with a strong child Central focus
and clear separation between adult and child jurisdictions.
However there is a long way to go in the Juvenile justice system and
implementation and realization of this system children ended of was then what
they were before they entered the Juvenile justice system with abuse and a lack
of access to basic necessities and entitlement and health. The Dominican system
adopts a more restorative approach than the adult criminal system, and the main
objective of the juvenile justice system is to maintain public safety.
It facilitates skill development, rehabilitation, and successful reintegration
of the youth in our community. Adolescents would learn from successful cases of
youth without exposure to this reality or to the severity of adult prisons. As
youth were involved with doing crimes have faced difficulties that made them do
certain crimes. Juvenile just system is important because giving a second chance
and a life for their better future is necessity the main goal of the Juvenile
justice system is to rehabilitation of the young offenders in the country.
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