Juvenile justice defines the principles, provisions, and practices for handling minors accused of committing crimes. The intent of these laws is not punitive but protective, aimed at safeguarding children and rehabilitating them. Juvenile justice in India has been subject to evolving legal reforms, transitioning from a welfare-based approach to a more punitive one as concerns about the increasing severity of crimes committed by minors have grown. However, the core principle of juvenile justice remains centered on rehabilitating the child and ensuring their welfare.
 

The Juvenile Justice (Care and Protection of Children) Act, 2015

The Juvenile Justice (Care and Protection of Children) Act, 2015, is the cornerstone legislation governing juvenile justice in India. This Act consolidates and amends previous laws related to juveniles, focusing on:

• Children in conflict with the law (CCL): Minors accused of committing an offense.
• Children in need of care and protection (CNCP): Vulnerable children requiring special care.
   

Age Determination: Any individual below 18 years of age is considered a juvenile. However, in cases of heinous crimes such as murder or rape, juveniles aged 16 to 18 years may be tried in adult courts (Section 15). Rehabilitation and Care: Sections 25–38 of the Act ensure protection, care, and rehabilitation for abused, neglected, or abandoned children. Juvenile Justice Boards (JJBs): Juvenile cases are adjudicated by district-level JJBs, ensuring a child-friendly approach to justice.
 

Guidelines and Rules

The rules under the Juvenile Justice Act, 2015, provide a detailed framework for implementation. They include provisions for establishing Juvenile Justice Boards, Child Welfare Committees, and ensuring child protection during police investigations and trials.
 

Protection of Children from Sexual Offences (POCSO) Act

The POCSO Act focuses on addressing sexual abuse and exploitation of children. It complements the Juvenile Justice Act by imposing stringent punishments on offenders and ensuring child-friendly court procedures.
 

The Indian Penal Code (IPC) and Juveniles

While the IPC does not directly address juveniles, Sections 82 and 83 exempt children under 7 and 12 years, respectively, from criminal liability, recognizing their lack of understanding of the nature of their actions. This principle underpins the rehabilitative approach of juvenile justice.
 

Landmark Case Laws

• Sheela Barse v. Union of India (1986): The Supreme Court emphasized the separation of juveniles from adult criminals and highlighted the need for a child-friendly justice system focused on welfare.
• Kehar Singh v. Union of India (1988): Established that juveniles under 18 cannot be sentenced to death, reaffirming the focus on reformation over punishment.
• Pratap Singh v. State of Haryana (2000): Held that minors aged 16–18 committing heinous crimes could be tried as adults, influencing amendments to the Juvenile Justice Act.
• Bachan Singh v. State of Punjab (1982): While not a juvenile case, it contributed to debates on sentencing minors and amendments to juvenile laws.
• Validity of the Juvenile Justice Act, 2015: The Supreme Court upheld the provision allowing juveniles aged 16–18 to be tried as adults for heinous crimes, balancing welfare and accountability.
• The Nirbhaya Case (2012): This high-profile case highlighted the issue of juvenile crime, leading to amendments enabling minors aged 16–18 to be tried as adults for violent crimes.
  

Challenges and Recommendations

• Need for Awareness and Training: Law enforcement officers, social workers, and Juvenile Justice Board members require specialized training in handling minors sensitively.
• Social Stigma and Family Issues: Juvenile offenders face social stigma, hindering their rehabilitation. Family breakdown, poverty, and lack of education contribute to juvenile delinquency, necessitating a holistic approach.
   

Conclusion:
Juvenile justice is a sensitive legal realm requiring a balance between rehabilitation and accountability. While India has made significant progress, challenges persist in infrastructure and responding effectively to rising juvenile crimes. The ultimate goal is to provide minors with opportunities for rehabilitation and reintegration into society. As society evolves, the juvenile justice system must adapt to changing dynamics of crime, technology, and social conditions while keeping the best interests of children at its core.

Written By: Amit Regar