India's juvenile justice system is a sophisticated framework intended for
coping with the obstacles and requirements of young offenders. This system was
established in place in order to address the special developmental requirements
of juveniles while also emphasizing the need for responsibility, as per the
Juvenile Justice (Care and Protection of Children) Act, 2015. Based on the
notions of rehabilitation and reintegration, the system prioritizes the
protection and welfare of minors while working to create a just and equitable
method of resolving matters affecting them. This study examines the development,
practices, and constraints of India's juvenile justice system, emphasizing the
continuous efforts to develop an increasingly effective and compassionate
juvenile justice system.
Meaning and Concept of Juvenile
The term "juvenile" describes those who are under the age of eighteen and who
are legally recognized as juveniles. The idea of a juvenile is important in the
context of law and justice because it sets an obvious line between children and
adults by emphasizing that children and adolescents have multiple levels of
responsibility, maturity, and judgment. This distinction is based on the
knowledge that juveniles are still developing psychologically, emotionally, and
socially, and that they are in their formative stages. As a result, when dealing
with juvenile offenders, the legal system often resorts to a more therapeutic
rather than disciplinary approach, hoping to help them make beneficial
behavioural adjustments rather than imposing draconian penalties.
The idea of juvenile justice emphasizes the idea that young people who commit
crimes ought to be addressed from a developmental stage-aware perspective. This
theory stems from the idea that because of their lack of maturity and
susceptibility to outside influences, juveniles are less responsible than
adults. As a result, the juvenile justice system works to address both the
offenses committed and the underlying causes of delinquent conduct, such as
problems in the family, financial hardships, and inadequate education.
This corresponds to the practical idea that juvenile justice systems are made to
provide a variety of treatments with an emphasis on social reintegration,
education, and rehabilitation. For example, juveniles may be housed in
reformatories or correctional facilities that prioritize education, career
training, and counselling instead of serving jail terms. Furthermore, legal
frameworks frequently place a high priority on shielding minors from the
severity and stigma of the adult criminal justice system and giving them another
opportunity to become contributing members of society.
The idea also takes into consideration protecting young people who are abused,
neglected, or exploited and making sure they get the help and attention they
need to be healthy. The goal of this multifaceted strategy is to establish a
system that recognizes that the main objective should be to assist in the
positive growth of young people while holding them accountable for their
actions. It does this by striking a balance between the need for justice and
compassion and understanding.
Definition of Juvenile under Juvenile Justice Act of 2015
The definition of "juvenile" under the Juvenile Justice (Care and Protection of
Children) Act, 2015 is based on present understandings about criminal behaviour
and child development. According to this Act, a person is considered "juvenile"
if they have not yet turned 18 years old at the time of the incident or
behaviour that calls for legal intervention. This concept is important because
it establishes the guidelines for the legal processes, safeguards, and
assistance that apply to juveniles who are either involved in or impacted by
criminal activity.
- Age of Juvenility:
According to the Act, anyone under the age of 18 is regarded as a juvenile.
This age limit is based on the understanding that children and teenagers
have unique psychological and emotional traits that impact their ability to
have criminal intent and moral thinking. The Act guarantees that the
judicial system can respond to young offenders in an age-appropriate manner
by categorizing juveniles in this way, which takes into account their
developmental stage.
Differentiation Based on Age and Nature of Offense
The 2015 Act's comprehensive method to treating juveniles according to their age
and the type of offense committed is one of its most important features. The Act
makes a distinction between different juvenile groups in order to identify the
proper course of action:
- Children in Conflict with the Law: Individuals under the age of
eighteen who have been charged with a crime fall under this category. The
Act permits a stricter approach for persons who are suspected of committing
significant or heinous offenses and are between the ages of 16 and 18. Under
the Act, depending on the seriousness of the offense and a Juvenile Justice
Board's ruling, these people may be tried as adults in certain situations.
- Children in Need of Care and Protection: This category includes
minors who are in precarious situations that call for assistance but who are
not necessarily criminals. This covers kids who are abused, abandoned,
orphaned, or who don't receive the necessary care and security. To guarantee
their growth and well-being, the Act requires a number of protective
measures, such as institutional care, foster care, and adoption.
Legal Provisions and Protections
Several provisions are contained in the Juvenile Justice Act, 2015, to
protect the rights and interests of minors. Important precautions consist of:
- Right to a Fair Trial: Children have the right to a trial that takes into account their circumstances, age, and mental health. The proceedings are intended to be more restorative than combative.
- Reintegration and Rehabilitation: The Act places more emphasis on rehabilitation than on punishment. When a juvenile is found guilty, they usually face rehabilitation programs including schooling, counseling, and job training that are designed to help them reintegrate into society.
- Privacy and Confidentiality: The Act forbids the sharing of a minor's identification or other personal information with third parties while they are in court. The goal of this action is to encourage their reformation and stop stigmatization.
- Specialized Juvenile Justice Boards: Under the Act, there will be Juvenile Justice Boards made up of experts with the necessary training and experience specifically handling matters involving juveniles. These boards make sure that judgments are based on knowledge of developmental needs and juvenile psychology.
Recent Amendments and Developments
The Juvenile Justice Act has been amended numerous times since it was passed in
order to better handle new problems and increase its efficacy. Notably,
depending on the age and maturity of the juvenile as well as the nature of the
offense, revisions have improved the standards for deciding whether or not the
juvenile can be tried as an adult.
To sum up, a person is considered "juvenile" if they are under the age of 18 at
the time of an offense or judicial intervention, according to the Juvenile
Justice (Care and Protection of Children) Act, 2015. The Act's all-encompassing
framework, which prioritizes protection, rehabilitation, and the application of
age-appropriate legal measures, represents a progressive approach to juvenile
justice. The legislation seeks to strike a balance between compassion and
accountability by prioritizing developmental needs while offering nuanced
provisions. This creates an environment that encourages the development of
positive change and successful reintegration of young people into society.
Difference Between Juvenile and Child
Definitions and Age Distinctions
The majority of individuals describe a "child" as someone under the age of 18.
This word refers to all those who are in their early years of life, from birth
to puberty. Concerning developmental stages, the term "child" designates an
individual who is still undergoing growth and maturation. Anybody under the age
of eighteen is considered a "child" under the Juvenile Justice (Care and
Protection of Children) Act, 2015, however this broad definition can include
people in different developmental stages, such as infants, toddlers, and
teenagers.
However, in the context of legal systems, the term "juvenile" is more explicitly
used to refer to those who are older than small children but not yet adults. In
most cases, the term "juvenile" designates a person who is in their teenage
years, typically falling between the ages of 10 and 18, depending on the context
and jurisdiction. The notion of a juvenile is distinct from the more general
category of "child" in that it frequently takes into account criminal behavior
and legal accountability.
Legal Implications
In the context of criminal justice, the legal distinction between "juvenile" and
"child" assumes considerable significance. Under the Juvenile Justice (Care and
Protection of Children) Act, 2015, in India among other jurisdictions, the term
"juvenile" refers to an individual who is subject to a particular set of legal
measures intended to handle offenses committed by juveniles. This distinction
influences the way people who interact with the legal system are handled by the
judicial system.
Juveniles who commit crimes, for instance, are typically dealt with under a
different judicial system that prioritizes rehabilitation over punishment. The
legal system acknowledges that juveniles may not completely understand the
implications of their conduct in the same manner that adults do due to their
developmental stage. Because of this, juvenile justice systems are not meant to
apply adult-style punitive measures, but rather to offer programs that are
intended to help young people get better and reintegrate into society.
On the other hand, when the phrase "child" is employed in a legal context,
welfare and protective services are frequently included. Child welfare laws and
services apply to children who are not involved in criminal activity but require
care and protection, such as those who are abused, neglected, or orphaned. These
laws prioritize meeting children's developmental needs and ensuring their
well-being by offering assistance through foster care, adoption, and other forms
of protection.
Developmental and Psychological Considerations
The developmental divide among "juvenile" and "child" refers to several phases
of psychological and emotional development. It is widely accepted that children,
especially those in early developmental stages, have restricted emotional and
cognitive capacities. Since their awareness of societal norms, consequences, and
personal accountability is still developing, it affects how child welfare laws
treat them.
Although they are still in the embryonic stages of development, juveniles are
starting to grasp more complicated ideas like morality, responsibility, and
long-term consequences because they have attained a degree of cognitive and
emotional maturity. This greater maturity has an impact on how people are viewed
and handled in legal situations. The judicial system acknowledges that older
juveniles-especially those who are approaching adulthood-may be better able to
comprehend the consequences of their acts, which may lead to handling their
cases differently.
Societal and Educational Implications
The contrast between "child" and "juvenile" also applies to social and
educational settings. Usually, children attend primary and secondary school,
where the emphasis is on general growth and foundational learning. Children's
educational programs are made to meet all of their developmental needs, which
include emotional stability, cognitive function, and social skills.
Adolescents in particular are frequently active in more sophisticated
educational environments, like high schools or career training programs. They
require education to advance their academic goals, grow their careers, and get
ready for adult responsibilities. Juvenile social services may also deal with
difficulties of identity formation, peer relationships, and the transition to
adulthood because of their higher developmental stage than younger children.
Claim of Juvenility
A claim of juvenility is an acknowledgment made by a party to a lawsuit that
they are considered by law as a juvenile instead of an adult. This assertion is
crucial in deciding how a person accused of criminal activity will be handled by
the legal system and decided upon. It is based on the idea that since children's
developmental stages affect their ability to reason morally and with criminal
intent, they shouldn't necessarily be subject to the same legal procedures and
punishments as adults.
When someone, usually between the ages of 16 and 18, claims they should be tried
under the juvenile justice system instead of the adult criminal justice system,
they frequently assert juvenility in legal contexts. The distinction is crucial
since the adult justice system emphasises punitive measures, whereas the
juvenile justice system is built to focus on rehabilitation and reintegration.
The allegation of juvenility may affect the kind of legal action taken as well
as its possible results, such as the kind of interventions made and the duration
of penalties.
A claim of juvenility is supported by a number of reasons. The person's age at
the time of the alleged offense is the primary consideration. Anyone under the
age of eighteen is considered a juvenile in the majority of jurisdictions,
including India under the Juvenile Justice (Care and Protection of Children)
Act, 2015. However, the court may carry out an extensive investigation to
ascertain whether the defendant satisfies the requirements for being prosecuted
as a juvenile in situations where the claim of juvenility is disputed-such as in
cases involving significant or heinous offenses.
Juvenile claims are handled within a legal framework that usually consists of
multiple stages. First, the person or their legal counsel may offer records or
other papers attesting to the person's age, including birth certificates or
transcripts from school. Psychological assessments might be carried out in
certain situations to gauge how mature and cognizant the person is of their
behaviour. In addition, courts consider case-specific information and expert
testimony when determining whether to regard a person as a juvenile.
However, the court may carry out an extensive investigation to ascertain whether
the defendant satisfies the requirements for being prosecuted as a juvenile in
situations where the claim of juvenility is disputed-such as in cases involving
significant or heinous offenses.
Juvenile claims are handled within a legal framework that usually consists of
multiple stages. First, the person or their legal counsel may offer records or
other papers attesting to the person's age, including birth certificates or
transcripts from school. Psychological assessments might be carried out in
certain situations to gauge how mature and cognizant the person is of their
behaviour. In addition, courts consider case-specific information and expert
testimony when determining whether to regard a person as a juvenile.
Courts may take into account the nature of the offense and the person's prior
behaviour in addition to age verification. For example, if the evidence
indicates that a minor has a level of maturity and responsibility similar to
adults, the court may choose to move the case to an adult court when the minor
is accused of committing violent or serious offenses. This procedure, which is
often called a "transfer hearing" or a "waiver hearing," seeks to strike a
compromise between the requirement for accountability and the understanding of
the person's developmental stage.
The contention of youth impacts on broader debates like justice and recovery.
Juvenile justice proponents contend that treating young felons with an emphasis
on rehabilitation as opposed to punishment is consistent with developmental
psychology and serves to deter future criminal activity. They stress that
adolescents' decision-making and impulse control are impacted by their ongoing
cognitive and emotional development. Thus, rather than using typical punitive
approaches to reduce recidivism, offering a friendly environment with
opportunity for education and counselling may prove to be more successful.
Yet, there are many who contend that, regardless of the age of the criminal,
some significant crimes call for a different strategy. Some crimes are so
serious, according to critics of lenient juvenile justice policies, that the
adult legal system should be completely invoked to protect the public and
provide victims with justice. This point of view frequently sparks discussions
about how to handle cases involving young people who commit especially horrific
crimes and where to draw the line between juvenile and adult retaliation
A successful accusations of juvenility has consequences outside of the justice
system. Being judged as a juvenile usually entitles the person to a variety of
rehabilitative services, including educational programs, career training, and
psychiatric counseling, all of which are intended to help them reintegrate into
society. Furthermore, when a person achieves maturity, their juvenile record is
frequently sealed or erased, enabling them to move past their infractions and
take advantage of opportunities without the stigma associated with a criminal
record.
History of Juvenile Justice System in India
The evolution of legal frameworks and attitudes in India's juvenile justice
system is reflected in its history, which has been influenced by global and
societal shifts in values. There have been notable changes in the way juvenile
offenders are handled and incorporated into the legal system along the course of
India's juvenile justice evolution, which may be divided into four major phases.
Colonial Era to Early Independence
The British legal system impacted Indian law during the colonial era, which is
when juvenile justice in India first emerged. During this time, there was little
distinction made between the treatment of juvenile offenders and adults based on
their age or developmental stage; instead, the same guidelines applied to both
groups. Due to a larger colonial approach to criminal justice that prioritized
punishment over rehabilitation, the judicial system was primarily punitive.
The Indian Penal Code (IPC), which was introduced in 1860, marked the first
major step towards realizing the necessity for a unique approach to juvenile
justice. The IPC contained provisions to protect minors from harsh penalties,
like Sections 82 and 83, which created a defences for minors under the age of
seven and those between the ages of seven and twelve who were not cognizant of
the consequences of their actions. However, these provisions were narrowly
focused and did not adequately attend to the developmental needs of juvenile
offenders.
Post-Independence Reforms
As India gained its independence in 1947, the need for a more regulated and
humanitarian approach to juvenile justice became more and more apparent. During
this time, a number of changes began with the intention of improving the
shortcomings of the current legal system. The Juvenile Justice Act of 1986 was a
critical turning point in this process. It was the first comprehensive law
created especially to deal with young criminals and kids in need of protection
and care.
The Juvenile Justice Committee's proposals, which stressed the value of
rehabilitation and chances for reintegration into society for young offenders,
had an impact on the 1986 Act. A number of significant changes were brought
about by this Act, one of which was the creation of Juvenile Justice Boards,
whose job it was to decide issues involving minors. The Act recognized the
necessity for specialized institutions that could provide the right kind of
assistance and supervision, and it also mandated the establishment of specific
facilities for the care and rehabilitation of juvenile offenders.
International Influence and the 2000 Amendments
The UN Convention on the Rights of the Child (CRC), which was ratified in 1989,
gave the global campaign to defend children's rights a boost. India's juvenile
justice system was significantly impacted after it ratified the CRC in 1992.
Subsequent changes in Indian juvenile justice legislation were impacted by the
CRC's tenets, which include the right to rehabilitation, non discrimination, and
the child's best interests.
The Juvenile Justice (Care and Protection of Children) Act, 2000 was introduced
in response to the CRC and growing concerns regarding the efficacy of the 1986
Act. With its emphasis on a child-centred approach and integration of
international norms, this Act marked a considerable revision of the prior
legislation. It took a more all-encompassing approach to meeting the needs of
all kids in challenging circumstances by extending the reach of juvenile justice
to include not only offenders but also children in need of care and protection.
A number of significant reforms were brought about by the 2000 Act, one of which
was the creation of district-level Juvenile Justice Committees to supervise the
Act's implementation and guarantee the preservation of children's rights. under
order to meet the requirements of children under care and protection, it also
required the establishment of Child Welfare Committees. The Act also placed a
strong emphasis on the idea of diversion, which aims to provide alternatives to
formal court processes for minor infractions by providing community service and
counselling.
Recent Developments and the Juvenile Justice Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015 brought about
yet another significant change to the juvenile justice system in India. Growing
concerns regarding the handling of juvenile offenders led to the introduction of
this Act, especially in light of high-profile cases involving serious crimes
committed by children. By balancing accountability and rehabilitation, the 2015
Act sought to allay these worries and represented a sophisticated approach to
juvenile justice.
The 2015 Act brought about some major changes, one of which was the ability for
minors between the ages of 16 and 18 to be tried as adults in cases involving
grave or horrific crimes. This was a reaction to worries that some young people
ought to be subjected to a greater degree of accountability because of the
seriousness of their offenses. But the Act also kept rehabilitation and
reintegration front and centre, stressing how critical it is to give young
offenders chances to turn their lives around.
Along with these additional provisions, the 2015 Act strengthened foster care
and adoption procedures and established specialized institutions to better
safeguard and care for children in need. It reaffirmed children's rights and
made sure that minors are treated with dignity and in a way that meets their
developmental requirements during court hearings.
Along with these modifications, the 2015 Act required that juvenile offenders
receive counselling, education, and vocational training in order to highlight
the significance of rehabilitation and reintegration. In order to guarantee
adherence to legal requirements and the successful execution of rehabilitation
programs, it also built a framework for the observation and evaluation of
juvenile justice facilities.
Ongoing Challenges and Future Directions
Notwithstanding the notable advancements in India's juvenile justice system,
there are still issues to be resolved. Concerns remain over things like the
suitability of the facilities, the application of restorative techniques, and
the requirement for continuous training for those working in the juvenile
justice system. There is constant discussion about how well the legal system
balances accountability and rehabilitation, especially when it comes to
significant crimes.
Future developments in juvenile justice in India are probably going to include
more efforts to make rehabilitation programs more successful, raise the standard
of care given to young offenders, and make sure the CRC's tenets are completely
incorporated into the legal system. The Indian juvenile justice system will need
to change to meet the needs of young people while keeping an emphasis on justice
and protection as cultural attitudes and international standards change.
India's juvenile justice system has evolved from harsh methods to one that is
more complex and restorative. The evolution of juvenile justice in India shows
an increasing realization of the need to meet the special requirements of young
offenders and ensure their successful reintegration into society, starting from
the early colonial period and continuing through the adoption of historic laws
and current revisions.
Juvenile Justice Act, 2000
The Juvenile Justice (Care and Protection of Children) Act, 2000 marked a
significant step forward in India's approach to juvenile justice by introducing
comprehensive reforms targeting both juvenile offenders and children in need of
care and protection. Passed in line with international standards, particularly
those established by the United Nations Convention on the Rights of the Child,
the Act, 2000, was a landmark legislation that provided for a more child-centric
approach to child justice and better rehabilitation.
It emphasised the reintegration of juvenile offenders and the protection of the
rights of children in vulnerable situations. Key provisions of the law include
the establishment of a Juvenile Justice Board (JJB) to hear cases involving
juvenile offenders, ensuring that cases are handled by professionals trained to
meet the developmental needs of juveniles. The law also requires the
establishment of a Child Welfare Committee (CWC) to oversee the care and
protection of orphaned, abused or abandoned children.
The 2000 Act also introduced the principle of diversion, encouraging
alternatives to formal court proceedings for minor offences, such as counselling
and community work, to prevent the stigma and long-term consequences of a
criminal record on offenders. With its emphasis on rehabilitation and
reintegration into society, the Act represents a progressive move towards
recognising the potential for change in young people and emphasises the
importance of addressing the root causes of juvenile delinquency.
Overall, the Juvenile Justice Act, 2000 has played an important role in laying
the foundations for a more humane and effective juvenile justice system in
India, although further amendments are needed to address the ever-evolving
challenges and concerns.
Juvenile Justice Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015 represents a
fundamental reform of the juvenile justice system in India, to meet the
contemporary challenges and align the framework with international standards.
Enacted to improve the effectiveness of juvenile justice, the 2015 Act has
introduced significant changes to balance the principles of rehabilitation with
the need for accountability, particularly in cases involving serious or heinous
crimes.
One of the most notable features of the 2015 Act is the provision that allows
juveniles between the ages of 16 and 18 to be tried as adults for serious
crimes, such as murder or rape, if the Juvenile Justice Board (JJB) deems it
necessary after a thorough assessment of the seriousness of the offence, the
maturity of the juvenile and the gravity of the offence. The change reflects
public concerns about the handling of serious crimes committed by juveniles
while still focusing on rehabilitation.
The law also strengthens protection for children in need of care and protection,
emphasizing the establishment of specialized organizations to care for children
and the implementation of foster care and adoption processes. It enhances the
rights of children by ensuring that legal proceedings are conducted in a manner
that respects the dignity and developmental needs of the child.
In addition, the 2015 Act provides for comprehensive rehabilitation measures,
including education, vocational training and psychological counselling, to
facilitate the successful reintegration of juvenile offenders into society.
Overall, the Juvenile Justice Act, 2015 marks a significant development in
India's approach to juvenile justice, attempting to address the complexities of
modern juvenile crime while respecting the principles of fundamental rights and
child protection.
Present Juvenile Justice System in India
As a means to meet the requirements of juveniles who run afoul of the law,
India's juvenile justice system is an essential part of the nation's legal
system. The system has changed dramatically over time, reflecting a change in
viewpoint from punitive to restorative and rehabilitative justice. This change
is indicative of a growing understanding of children's special developmental
requirements and the value of supporting their reintegration into society.
The Juvenile Justice (Care and Protection of Children) Act, 2015, is the main
piece of legislation governing juvenile justice in India. The Juvenile Justice
(Care and Protection of Children) Act, 2000 was superseded by this Act, which
includes a number of improvements aimed at improving juvenile welfare. The 2015
Act seeks to guarantee that children are treated with respect and dignity
throughout the judicial process by striking a balance between the ideals of
justice, protection, and rehabilitation.
The 2015 Act's creation of a two-tier structure for managing juvenile matters is
one of its main characteristics. It makes a distinction between kids who are in
trouble with the law and kids who need care and protection. minors who are
neglected, abandoned, or in other vulnerable situations fall under the former
category, whereas minors who have committed crimes fall under the latter. This
division guarantees that the interventions are customized to meet the unique
requirements of every group.
Instead of using punitive measures, the Act specifies a variety of corrective
procedures for children who are in legal trouble. A youngster may receive
counselling, be placed in a juvenile home, or be required to perform community
service, depending on the seriousness of the conduct. With provisions for legal
representation and the presence of a guardian or social worker during
proceedings, the Act also underlines the significance of a fair trial.
The emergence of district-level Child Welfare Committees (CWCs) and Juvenile
Justice Boards (JJBs) is one of the 2015 Act's major revisions. While CWCs
concentrate on children in need of care and protection, JJBs handle situations
involving adolescents in legal trouble. In order to guarantee that choices are
made with the child's best interests and rights protected, both bodies are
essential. The Act additionally suggests steps to deal with the problem of young
people committing horrible acts. The case may be sent to an adult court if a
minor, between the ages of 16 and 18, is found guilty of a major crime like
murder or rape, albeit this is an uncommon and exceptional occurrence. This
clause seeks to reconcile the understanding of the developmental distinctions
between adults and adolescents with the requirement for accountability.
Considering these changes, there are still difficulties with the juvenile
justice system's application in India. The system's efficacy may be harmed by
problems including poor infrastructure, scarce resources, and uneven enforcement
of the law. Furthermore, society views on young criminals can occasionally be
severe, which affects how these kids are viewed and handled.
Continuous efforts are required to enhance the resources, training, and
infrastructure available to those employed by the juvenile justice system in
order to address these issues. For the system to work properly, there must be
increased community support and involvement, as well as greater understanding of
and sensitivity to the needs of juveniles.
Even though India's juvenile justice system has come a long way toward adopting
a more compassionate and restorative mindset, additional changes and
enhancements are required to guarantee that all children's needs are met and
their rights are upheld.
Development of Juvenile Justice System
The evolution of the juvenile justice system has changed dramatically over time,
mirroring a more general change in the focus of juvenile justice from punitive
to restorative and rehabilitative. Legislative changes and historical turning
points have influenced how cultures see juvenile delinquency and the welfare of
kids who are in legal trouble. These developments can be linked to this
progression.
Historically, common misconceptions about children and delinquency have had a
significant impact on how juveniles are treated within the court system. In the
past, juvenile offenders frequently faced severe punishments similar to those
meted out to adults. There was limited understanding of the need for specialized
interventions catered to the developmental requirements of young people, and the
idea of distinguishing juvenile and adult criminals was not well developed.
The development of autonomous juvenile courts in the late 19th and early 20th
centuries marked a significant turning point in the evolution of the juvenile
justice system. The establishment of the nation's first juvenile court in
Chicago in 1899 established the stage for a more specialized approach to
juvenile justice. This court did not just focus on punishment; it also attempted
to create a more rehabilitative environment. Juvenile justice systems around the
world were influenced by the tenets of these early juvenile courts, which
included the notion that children are essentially different from adults and
should be treated differently.
With the enactment of the Juvenile Justice Act of 1986, India's juvenile justice
system officially got underway. This was a big step in the right direction
toward a more organized method of dealing with young offenders. A legislative
framework for handling children in legal trouble and those in need of care and
protection was established by this Act. It popularized the idea of juvenile
facilities and courts solely for handling cases involving juveniles. The Act
reinforced the value of rehabilitation and reintegration and stressed that the
wellbeing of the child should come first rather than just punishing them.
Another important development was the Juvenile Justice (Care and Protection of
Children) Act of 2000. By combining international human rights criteria and
complying with the United Nations Convention on the Rights of the Child (CRC),
this Act expanded the purview of juvenile justice. It highlighted a more
all-encompassing strategy for child welfare, emphasizing not just the judicial
system but also the social and psychological facets of recovery. To guarantee a
more specialized and child-centric approach, the Act incorporated provisions
including the establishment of Child Welfare Committees (CWCs) and Juvenile
Justice Boards (JJBs).
The 2015 Juvenile Justice (Care and Protection of Children) Act is India's most
recent and major reform. This Act was a reaction to changing public perceptions
and the requirement to deal with fresh issues pertaining to juvenile justice.
While adding a few additional sections, it kept the 2000 Act's main ideas. The
option to try minors who are between the ages of 16 and 18 who have committed
horrible crimes as adults is one significant shift, however this is only
intended to be used in extreme cases. The construction of a stronger framework
for the care and protection of children, including expanded responsibilities for
JJBs and CWCs, was another priority of the 2015 Act.
The juvenile justice system nevertheless faces difficulties in spite of these
developments, such as poor infrastructure, uneven application of the law, and
prejudices in society. The system's continuous evolution entails tackling these
issues and making adjustments in response to fresh perspectives on juvenile
justice and development procedures.
Specific Provisions of the Legal Code and Relevant Case Laws
Sections 82 and 83 of the Indian Penal Code (IPC), 1860 address the exclusion of
juveniles from criminal prosecution. In the case of Kakoo v. Union of India, the
Supreme Court reduced the prison term of a 13-year-old boy who had committed
rape against a 2-year-old girl, considering Sections 83 and 84 of the IPC, which
stipulate that juveniles should not be treated as adults. The court highlighted
that when dealing with juveniles, both reformative and humanitarian
considerations must be taken into account.
In contrast, in
Heeralal v. Union of India, a child who had made threats
and committed murder was convicted by the court, which emphasized the child's
legal age. The Supreme Court also dismissed the petition in this case.
Similarly, in
Satya Deo v. State of Uttar Pradesh, it was established
that a child should be recognized as a juvenile at the time of the offense if
they were under 18, even if the crime occurred before the Juvenile Justice Act
of 2000 was enacted. Section 25 of the Juvenile Justice Act, 2015 specifies that
the provisions of the 2000 Act will still apply to ongoing cases from before the
2015 Act's passage.
In
Salil Bali v. Union of India, there was a proposal to amend the
Juvenile Justice Act to reduce the age from 18 to 16 years and to try juveniles
involved in serious crimes like rape and murder as adults. The Supreme Court
rejected this petition, affirming that the Juvenile Justice Act adheres to sound
principles and aligns with the Indian Constitution. This stance is supported by
various international guidelines, including the Beijing Rules and the Riyadh
Guidelines, which advocate for separate justice systems for juveniles.
Conclusion
The Juvenile Justice System is designed to offer special treatment and
protection to young offenders, recognizing that children are not as mature as
adults and may not fully grasp the nature and repercussions of their actions.
Instead of focusing on punishment, the system prioritizes reform and
rehabilitation, always considering the best interests of the child.
In India, the Juvenile Justice Act of 2015 replaced earlier legislation to
enhance the juvenile justice framework. It introduced measures such as
classifying offenses, creating juvenile courts, and broadening the definition of
children in need of care and protection. The Act emphasizes the care,
protection, development, and social integration of juvenile offenders.
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