Children are the heart of every society, bringing joy, curiosity, and endless potential. Their innocence and eagerness to learn shape the future, as they absorb knowledge and experiences from the world around them. A child's imagination knows no bounds, turning ordinary moments into extraordinary adventures.

But what if that child commits any crime?

Introduction
If a child commits any crime that doesn't mean that the child will always be criminal. With every proper care and guidance that child can grow as an important asset for the country. Now question arrive that how a child who commit a crime can get proper care and guidance. Answer to this question is juvenile justice system.

What is definition of juvenile in India?

According to Juvenile Justice Act 1986, a boy who attend the age of 16 and a girl who attend the age of 18, comes under Juvenile Act.

But in Juvenile Justice (Care and Protection of Children) Act 2015, age limit is increased to 18 years with exception that if juveniles in the age group of 16-18 committed any heinous offences, they will be treated or tried as adult
 
History

• The Apprentices Act (1850) and The Reformatory School Act (1897): It was the early attempts to address juvenile issues. It has emphasis on rehabilitation rather than punishment.
• In year 1920, city Bombay (present day Mumbai) establishes the first juvenile court which was a key event in the juvenile justice history of India.
• In year 1960, The Children Act was enacted; aim to provide a comprehensive framework for juvenile justice across India.
• Later on in 1986, the Juvenile Justice Act was introduced replacing the Children Act, 1960 recognizing the need of care and protection not only punishment.

Categories of Children under the law

In Indian law system, Juvenile Justice Act, 2015, categorize children into two parts

• Child in conflict with law: Children who are accused of committing a crime.
• Child in need of care and protection: Children who are victims of a crime.

Later in 2016, the act and juvenile justice model recognized that CCL can be CNCP in the following key provisions. The idea is that sometimes it's not the case that an accused child has no mens rea during the crime committed. They may be forced or influenced by external factors such as militants and goons, which make them incapable of determining whether they are doing right or wrong. Some of the key provisions of the juvenile justice model, 2016, are:

• Rule 57(2), JJ Model Rules, 2016: A child who is found committing an offence under Section 78 (using a child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug, or psychotropic substance) will be transferred to the Child Welfare Committee if the child is in need of protection and care.
• Section 8(3): Rules for police officers apprehending a child alleged to be in conflict with the law. Some of the rules are:
• Police officers cannot use handcuffs or chains on a child, nor can they use coercion or force against the child.
• Police cannot ask the child to sign any statement.
• The Special Juvenile Police Unit or a child-friendly premises (or a child-friendly corner in the police station) must be used for interrogating the child, but they cannot compel the child to confess guilt.
• Provide legal aid to the child.
• Medical facilities, special educators, or any other necessary assistance must be provided to the child.
   

Government Body for Juvenile Justice:

• The Ministry of Women and Child Development is the government body responsible for the Juvenile Justice Act, 2015.
   

Other Government Bodies:

• National Commission for Protection of Child Rights (NCPCR): Ensures the protection of children's rights, including juveniles in conflict with the law.
• State Commissions for Protection of Child Rights (SCPCRs): State-level bodies working for justice and the rights of children.
• Juvenile Justice Boards (JJBs): Established under the Juvenile Justice Act, 2015, these boards handle cases involving juveniles in conflict with the law.
• Child Welfare Committees (CWCs): Helps children who are in need of care and protection.
   

Non-Governmental Organizations (NGOs):

• CRY (Child Rights and You): Established in 1979 by Rippan Kapur, an Air India purser. It works with 102 local NGOs across 19 states in India.
• Bachpan Bachao Andolan (BBA): Founded by Nobel Laureate Kailash Satyarthi. It campaigns against bonded labor, child labor, and human trafficking.
• Udayan Care: Founded by Kiran Modi in 1994 in Delhi. It runs group homes for orphaned children and children at risk.
• HAQ: Centre for Child Rights: Founded in 1998 and registered in 1999, HAQ is a women-led national NGO and policy/research institute. It provides legal aid and advocacy for juveniles.
• Prayas Juvenile Aid Centre: Founded in June 1988 by ex-Delhi DCP Amod Kanth after a fire in Jahangirpuri made many children homeless. It focuses on the rehabilitation of children in conflict with the law.
   

International Organizations Operating in India:

• United Nations International Children's Emergency Fund (UNICEF): Founded in 1946, after the destruction caused by World War II. It provides support for juvenile justice and policy advocacy.
• International Justice Mission (IJM): Founded by U.S. attorney Gary Haugen in 1997, IJM focuses on legal aid for juveniles and protection.

 
Mission Vatsalya
It is a centrally sponsored scheme for the welfare and rehabilitation of children launch in 2021- 22. This initiative was under the Ministry of Women and Child Development (MWCD). It ensures the welfare and protection of child.

This scheme connects with key legislation such as:

• Juvenile Justice Act (Care and Protection of Children) Act, 2015
• Protection of Children from Sexual Offences (POCSO) Act, 2012
• It coordinates with National and State Commission for Protection of Child Rights.
   

Objective of Mission Vatsalya in Juvenile Justice

Mission Vatsalya works for all aspects of providing a better environment and nourishment for children. This mission helps children to overcome vulnerable situations and provides care and protection. In juvenile justice, the objectives are:

• Reintegration and Rehabilitation: It focuses on justice restoration and helps juveniles reintegrate into society.
• Legal Aid and Counseling: Legal assistance and psychological counseling are provided to juveniles who are in conflict with the law.
• Education: Education, life skills, and skill development are provided to juveniles, enabling them to reintegrate with society and find economic opportunities.
• Immunity from Exploitation: It provides protection to children from exploitation, trafficking, labor, illegal work, and abuse.
• Care: It encourages and focuses on foster care and adoption rather than institutional care to provide protection and care to juveniles.
   

Challenges in Mission Vatsalya:

• Implementation Gaps: Poor execution of the mission in many states due to inadequate infrastructure, untrained personnel, and lack of funds.
• Observation Houses: There is a lack of infrastructure in observation houses, leading to overcrowding of juveniles.
• Rehabilitation Success: Juveniles face problems in reintegrating with society due to social stigma and lack of employment opportunities.
• Coordination Problems: Poor communication between police, judiciary, and child welfare departments affects efficiency.
• Funds: Funds are transferred from the central to the state government, but sometimes they are inadequate or not fully utilized.
• Justice Process: Backlogs faced by the Juvenile Justice Board lead to delays in case resolution.
   

Pune Car Crash Accident

On March 19, 2024, a tragic accident occurred in Pune, Maharashtra, where a 17-year-old boy hit a motorcycle with his car, leading to the death of two IT professionals. The boy driving the car was under the influence of alcohol.
 

Legal Proceedings:

The Juvenile Justice Board granted bail to the boy with conditions of writing a 300-word essay on the topic "road accident" and completing 15 days of community service.
  Now, the question arises: Is this justice or a loophole in Juvenile Justice? A 17-year-old boy, who was drinking alcohol and driving a car, is he considered a juvenile? The Juvenile Justice Act is meant for children who commit crimes without fully understanding the consequences or severity of their actions. These children need proper care and protection. But a 17-year-old who consumes alcohol and drives, aware of the consequences of drink and drive, should he be considered a juvenile? Is the punishment of writing an essay and performing community service adequate?
 

Cons of Juvenile Justice

While Juvenile Justice provides protection, care, and a second chance for juveniles to reintegrate into society, there are some cons:

• Risk of Criticism: The goal of rehabilitation can be undermined when a juvenile is labeled a criminal and tried as an adult. Even after serving their sentence, these juveniles can face societal backlash.
• Determining Heinous Offenders: The lack of clear guidance in Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015, creates inconsistencies in juvenile trials.
• Infrastructure: Overcrowding, poor hygiene, lack of trained staff, and improper education hinder rehabilitation and reform efforts.
• Implementation: States are responsible for implementing juvenile laws, but outdated processes and poor infrastructure create challenges in delivering justice.
• Misuse: In some cases, individuals fake their age to gain protection under juvenile laws. On the other hand, some juveniles are tried as adults due to incorrect age determination.
• Poor Coordination: The lack of coordination between committees, judiciary, and NGOs leads to delays in proceedings and ineffective rehabilitation.

Conclusion
Juvenile Justice in India is an important intersection, taking care of need for child rehabilitation with demand of accountability and public safety. The aim of progressive law Juvenile Justice,2015 is to provide protection, care and chance to reform and reintegrate with society face challenges like, lack of coordination, Improper infrastructure, societal stigma, and improper implementation of laws.

There are many authors and experts who share their thoughts on Juvenile system through their books, blogs and article. "An insight into Indian Juvenile Justice System", written by Vaishali Rathore, is a book which covers evolution of juvenile justice laws of India and critically analyze Juvenile Justice act of 2000 and 2015. It explores various aspects contributing in juvenile justice, referencing scholar theory and landmark decision by judiciary. Case study conducted at an Observatory Home in Rajasthan is a significant feature of book which provides insight into systems functioning.

Many other works of authors are notable. Key Authors and their contribution are:

1. Dr. Ved Kumari: "Juvenile Delinquency: A social-legal study" explores juvenile misconduct from legal and sociological perspectives.
2. Dr. N.V. Paranjape: His book "Juvenile Delinquency and Justice System in India" explore legal framework, role of juvenile justice system and social issues.
3. A.S Shukla: His work revolves around rehabilitation measures for children in conflict with law.

Other notable authors are Atul Jaybhaye Sukanta Kumar, Manish Dwivedi S.P Sharma.
 
Juvenile Justice and other laws not only require legal reforms, but they also require social awareness. As we have seen, Mission Vatsalya is not that effective as it should be because there is lack of social awareness. The compassionate approach, timely intervention and social support enable every child to reform as they are always capable to change. At the last, the strength of society is relying on how their children are treating.

Bibliography:

• https://www.legalserviceindia.com/legal/article-19813-limitations-of-the-juvenile-justice-act-2015.html
• https://wcdhry.gov.in/juvenile-justice-board/
• https://jjcdhc.nic.in/?page_id=14
• https://indiacode.nic.in/show-data?actid=AC_CEN_13_14_000010_201602_1517807328168§ionId=12724§ionno=4&orderno=4
• https://www.indiacode.nic.in/handle/123456789/2148
• https://www.indiacode.nic.in/bitstream/123456789/2148/1/a2016-2.pdf