Juvenile justice encompasses the legal and social framework established to address the unique needs and circumstances of children and adolescents who are involved in the criminal justice system. Rooted in the understanding that youth are developmentally distinct from adults, juvenile justice systems aim to provide rehabilitative interventions, protective measures, and opportunities for positive growth and development.
Major issues within the realm of juvenile justice include the tension between punishment and rehabilitation, ensuring equitable access to legal representation and due process rights, addressing racial and socioeconomic disparities in the system, preventing recidivism through effective intervention programs, and balancing the protection of public safety with the promotion of the rights and well-being of young offenders.
Additionally, challenges related to the confidentiality of juvenile records, the effectiveness of community-based alternatives to incarceration, and the impact of societal factors such as poverty, trauma, and substance abuse on juvenile delinquency are central to discussions surrounding juvenile justice policies and practices. In essence, juvenile justice seeks to navigate the complex interplay between accountability, rehabilitation, and the protection of young individuals’ rights within the legal system.
Historical Background
The concept of juvenile justice has evolved over centuries. In ancient societies, children were often treated as miniature adults, subjected to the same legal processes and punishments. The modern juvenile justice system began to take shape in the late 19th and early 20th centuries, driven by a growing recognition of the need to treat young offenders differently from adults.
The establishment of the first juvenile court in Chicago in 1899 marked a significant milestone. This court was based on the principle of parens patriae[1], which means the state acts as a guardian for those who are unable to care for themselves, including children.
The focus was on rehabilitation rather than punishment, aiming to guide juveniles towards a constructive path. In India, the evolution of the juvenile justice system has been influenced by both indigenous practices and colonial laws. The roots of India’s juvenile justice system trace back to the 18th century. During this period, India experienced significant colonial exploitation and industrialization, leading to large-scale migration from rural areas to semi-urban and urban slums[2].
Before British rule, juveniles were treated by families and society in general. However, there was no separate system to address juvenile issues, and children were sometimes thrown into prison without trial[3]. After India gained independence in 1947, the country adopted its constitution in 1949. The subsequent years saw the development of a more distinct juvenile justice system.
In 1960, the Indian government enacted the Children’s Act, which aimed to protect children and juvenile offenders. This act covered neglected, victimized, and delinquent children[4]. The Children’s Act of 1960 emphasized welfare, education, mentoring, and training for juveniles. It prevented children from being imprisoned and established observation homes and special school systems[5]. The Juvenile Justice Act of 1986 was a significant milestone. It was influenced by the United Nations Minimum Rules for Administration of Juvenile Justice of 1985 (also known as the Beijing Rules).
In 2000, the enactment of the Juvenile Justice (Care and Protection of Children) Act in 2000, and its subsequent amendments, reflects a progressive approach towards addressing juvenile delinquency, focusing on the care, protection, and rehabilitation of young offenders in India. It established the Juvenile Justice Board to address juvenile cases.
The Act adhered to principles set out in UN conventions, emphasizing rehabilitation over punishment for juvenile offenders. India’s juvenile justice policy is largely governed by the Indian Constitution. Article 15 guarantees special attention to children through necessary and special laws and policies that safeguard their rights. The constitutional guarantees, including the right to equality, protection of life, personal liberty, and the right against exploitation, form the foundation of juvenile justice policy[6].
Legal Regulatory Framework in India
The regulatory framework for juvenile justice in India is primarily governed by The Juvenile Justice (Care and Protection of Children) Act, 2015 taking over from the Juvenile Justice (Care and Protection of Children) Act, 2000. This comprehensive legislation aims to provide a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their rehabilitation.
Key provisions of the Act include:
- Juvenile Justice Boards (JJBs): Established in every district to handle cases involving juveniles in conflict with the law, focusing on rehabilitation and social reintegration.
- Child Welfare Committees (CWCs): Responsible for addressing issues of children in need of care and protection, ensuring their well-being and development.
- Observation Homes and Special Homes: Facilities for the temporary reception and rehabilitation of juveniles, providing education, vocational training, and counselling.
- Aftercare Programs: Initiatives to support juveniles after their release from institutional care, facilitating their reintegration into society.
- Provision for Heinous Offenses: Juveniles aged 16-18 involved in heinous crimes can be tried as adults under specific conditions
Foreign Reports and Regulations
United States
The United States has a decentralized juvenile justice system with significant variations across states. The Juvenile Justice and Delinquency Prevention Act (JJDPA)[7], is a federal legislation aimed at improving the juvenile justice system. It emphasizes deinstitutionalization of status offenders, separation of juveniles from adults in detention, and addressing disproportionate minority contact.
United Kingdom
The UK’s juvenile justice system is governed by the Children and Young Persons Act[8], the Youth Justice and Criminal Evidence Act[9], and subsequent amendments. The system focuses on rehabilitation, with Youth Offending Teams (YOTs) providing support and supervision for young offenders.
Australia
Australia’s juvenile justice system emphasizes diversion and community-based interventions. The Young Offenders Act[10], in New South Wales, for example, provides for a range of diversionary options, including warnings, cautions, and youth justice conferences, aimed at diverting young offenders from the formal justice system.
Canada
Canada’s Youth Criminal Justice Act (YCJA)[11], emphasizes rehabilitation and reintegration of juvenile offenders. The act promotes the use of extrajudicial measures, such as warnings, cautions, and community service, to address juvenile delinquency.
Who is juvenile?
According to the Juvenile Justice Act of 2015, a juvenile is generally defined as a person who has not yet reached the age of 18 years has allegedly committed an offence, which they can be held legally responsible for their actions as an adult. This age varies between countries but typically ranges from 16 to 18 years. The term ‘juvenile’ is often used interchangeably with ‘minor,’ though there are distinctions based on legal context and specific age thresholds.
Difference between Juvenile and Minors
While the terms ‘juvenile’ and ‘minor’ are often used interchangeably, they carry distinct legal implications. According to Sec.3 of Indian Majority Act[12], a ‘minor’ refers to a person who has not reached the age of majority, which is typically 18 years in many countries. This age signifies the threshold of adulthood and the assumption of full legal responsibilities and rights.
In contrast, a juvenile specifically refers to a young person, often between the ages of 10 and 18, who is subject to juvenile justice systems when accused of committing a crime. They are considered as juvenile offenders who may be tried similar to adults in the court proceedings. The distinction is important because juvenile justice systems are designed to address the unique needs and circumstances of young offenders, focusing on rehabilitation rather than punishment.
Causes of crimes by Juveniles
Understanding the causes of juvenile delinquency is essential for developing effective prevention and intervention strategies. Several factors contribute to juvenile crime, including:
- Family Environment: Dysfunctional family dynamics, including domestic violence, neglect, and lack of parental supervision, can push juveniles towards delinquent behaviour.
- Peer Influence: Adolescents are particularly susceptible to peer pressure, which can lead them to engage in criminal activities to gain acceptance or approval.
- Socioeconomic Factors: Poverty, lack of education, and limited access to opportunities can drive juveniles towards crime as a means of survival or escape from difficult circumstances.
- Substance Abuse: Exposure to drugs and alcohol can impair judgment and increase the likelihood of engaging in criminal behaviour.
- Psychological Issues: Mental health problems, including conduct disorders and trauma, can contribute to delinquent behaviour among juveniles.
Objective of juvenile justice system in India
The primary objective of the juvenile justice system in India is to ensure the care, protection, treatment, and rehabilitation of juveniles in conflict with the law. Key objectives include:
- Rehabilitation and Reintegration: Focusing on rehabilitating juveniles through education, vocational training, and counselling to reintegrate them into society as responsible citizens.
- Restorative Justice: Encouraging reconciliation between the juvenile offender, the victim, and the community, promoting accountability and healing.
- Protective Measures: Providing a supportive and non-punitive environment that shields juveniles from the harshness of the adult criminal justice system.
- Prevention of Recidivism: Implementing measures to prevent re-offending by addressing the underlying causes of delinquency and providing ongoing support.
Judicial Responses
As discussed earlier the development of Juvenile justice system arises from US Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974:
In the Roper v. Simmons[13] case, the Supreme Court ruled it unconstitutional for a youth under 18 years old at the time of his or her crime to receive a death penalty sentence. This reversed the Stanford v. Kentucky[14] ruling, which allowed youth who were at least 16 years or older at the time of their crimes to receive death penalty sentences.
In Graham v. Florida[15], the Supreme Court ruled in the case of Graham v. Florida that sentencing a juvenile to life without the possibility of parole for a non-homicidal crime is in violation of the Eighth Amendment. The ruling requires that states give juveniles a “meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.” In the United States, 37 states and the District of Columbia still allow a juvenile to be sentenced to life for committing a non-homicidal crime. A law passed by the Florida Senate in 2014 states that a juvenile convicted of murder may only be sentenced to life in prison after a mandatory hearing at which his or her age and circumstances are considered. The law also provides the opportunity for judicial hearings to review the sentences of offenders serving sentences for juvenile offenses.[16]
In Miller v. Alabama[17] ruling made it unconstitutional to sentence someone who was under the age of 18 at the time of the crime to mandatory life without parole. The ruling requires a judge to take into consideration the age of the offender before sentencing him or her to life without parole.
In the landmark Nirbhaya Case[18] (2012), involving the brutal gang rape and murder of a young woman in Delhi, sparked widespread outrage and led to significant changes in India’s juvenile justice laws. One of the perpetrators was a juvenile, aged 17, who received a lighter sentence under the then-existing juvenile laws. This case highlighted the need to reconsider the age of juveniles in serious crimes and led to amendments in the Juvenile Justice Act, allowing for the trial of juveniles aged 16-18 as adults for heinous offenses.
In The Shakti Mills Gang Rape Case (2013)[19], in Mumbai, one of the accused was a juvenile. It was ruled out that all the accused were liable for several offences including gang rape, disrobing and unnatural offences. Three of the accused who were adults were hanged till death whereas the minor one was tried by the Juvenile Justice Board and was convicted on 15 July 2015, and sentenced to three years (including time in custody) in a Nashik reform school, the maximum punishment that a juvenile offender can receive under Indian law. This case once again brought attention to the complexities and challenges of dealing with juvenile offenders in cases of serious crimes. The handling of this case underlined the importance of a balanced approach that considers both the rehabilitation of the juvenile and the severity of the crime.
The Ryan International School Murder Case (2017)
On September 8, 2017, a 7-year-old boy studying in class 2 was found murdered with his throat slit inside the washroom of a prominent private school in Gurgaon. The Supreme Court granted interim bail to his school senior, who was arrested for the crime[20]. He was a juvenile at the time of the murder, led to the arrest of a 16-year-old student. Initially treated as a juvenile, the accused was later transferred to be tried as an adult due to the severity of the crime. This case highlighted the complexities and controversies surrounding the trial of juveniles as adults.
Seriousness Of The Issue
Juvenile delinquency poses significant challenges for societies worldwide. The involvement of juveniles in serious crimes raises concerns about public safety, the effectiveness of rehabilitation programs, and the adequacy of legal frameworks. Balancing the need for accountability with the potential for rehabilitation is a complex issue that requires careful consideration and ongoing reform.
Laws Related to Juvenile Justice in India
The Juvenile Justice (Care and Protection of Children) Act, 2015, is the cornerstone of the legal framework for juvenile justice in India. Key features of the Act include:
- Differentiation of Crimes: The Act categorizes offenses committed by juveniles into petty, serious, and heinous crimes, with different procedures and interventions for each category.
- Trial as Adults: Provisions allowing juveniles aged 16-18, who commit heinous crimes, to be tried as adults after a preliminary assessment by the Juvenile Justice Board.
- Rehabilitation and Social Reintegration: Emphasis on non-institutional care through adoption, foster care, and sponsorship, along with institutional care when necessary.
Current Scenario
The current scenario of juvenile justice is marked by ongoing debates about the appropriate age of criminal responsibility, the effectiveness of rehabilitation programs, and the impact of socio-economic factors on juvenile crime rates. The current scenario of juvenile justice varies widely across countries. In India, the implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015, has brought about significant changes, but challenges remain in terms of infrastructure, trained personnel, and societal attitudes.
In a survey conducted by the Tata Institute of Social Sciences (TISS) in 2018 revealed insights into the backgrounds of juveniles in conflict with the law. The survey found that a majority of juvenile offenders had experienced disrupted family environments, lack of educational opportunities, and peer pressure. The data underscored the need for holistic approaches addressing the root causes of juvenile delinquency.
Globally, there is a trend towards more rehabilitative and restorative approaches. However, inconsistencies in the treatment of juvenile offenders, especially in cases involving serious crimes, continue to pose challenges.
Research Reports and Surveys
National Crime Records Bureau (NCRB) Reports
The NCRB regularly publishes data on juvenile crime in India. According to the NCRB report of 2020, there was a noticeable increase in juvenile delinquency, with theft, burglary, and assault being the most common offenses. The report also highlighted that a significant proportion of juvenile offenders came from economically and socially disadvantaged backgrounds.
Data from the latest NCRB report show over 32% jump in cases pertaining to children in conflict with law in Uttar Pradesh[21] and Madhya Pradesh ranked second in juvenile crimes.[22] State of Maharashtra recording highest juvenile crimes in 2022. The latest data from the National Crime Records Bureau (NCRB) ‘Crime in India Report’ reveals that there has been a marginal decrease in juvenile crimes, dropping from 31,170 cases in 2021 to 30,555 in 2022. While this reduction is a positive sign, the need for continuous vigilance and effective intervention remains paramount.[23]
UNICEF Report on Juvenile Justice
A UNICEF report emphasized the need for a child-centric approach in juvenile justice systems. It highlighted the importance of rehabilitation and reintegration programs, stressing that punitive measures are counterproductive and can lead to recidivism.
The report also called for better training for law enforcement and judicial personnel in handling juvenile cases. The arrest, detention or imprisonment of a child should only be used as a measure of last resort and for the shortest appropriate period of time. Laws, regulations, and policies should be adapted accordingly, and professionals trained and community-based alternatives established where they do not exist.[24]
Possible Solutions To Overcome Juvenile Delinquency
- Strengthening Family Support Systems: Programs that provide support and counselling to families can help address the root causes of juvenile delinquency, such as domestic violence and neglect.
- Educational and Vocational Training: Ensuring access to quality education and vocational training can provide juveniles with constructive outlets and future opportunities, reducing the likelihood of engaging in criminal activities.
- Community-based Interventions: Community programs that engage juveniles in positive activities, such as sports and arts, can help divert them from delinquent behaviour and promote social integration.
- Mental Health Services: Providing accessible mental health services can address psychological issues that contribute to delinquent behaviour, offering juveniles the support they need to overcome trauma and behavioural disorders.
- Policy Reforms: Continuous evaluation and reform of juvenile justice policies are necessary to ensure they meet the evolving needs of society and effectively address juvenile delinquency.
The Incredible Tihar Jail Reformation: Kiran Bedi
Possessing a remarkable body of accomplishments, the most notable of which involves prison reforms in one of harshest prisons in Asia, revered by younger girls and women. Kiran Bedi has been is recognized for breaking into what was hitherto considered a male-only field to become the first woman IPS officer. In her greatest achievements when she took charge of first female Inspector General of the prison during her tenure from 1993 to 1995 was the reformation of Tihar Jail.
She also earned moniker of ‘Crane Bedi’. She believed in reformation rather than punishment. Her credo was to give the convicts hope for a better future after they were released from prison, rather than simply imprison them to make sure the prison serves as a reformatory rather than a spot where crime and contamination are recycled. “A Prison reform model should be based on 3Cs – Collective, Corrective and Community,” she says on her personal blog.[25]
Conclusion
In summary, India’s juvenile justice system has evolved over time, emphasizing rehabilitation and protection of children’s rights. It continues to adapt to meet the needs of young offenders and neglected youth. Juvenile justice systems play a crucial role in addressing the complex issue of juvenile delinquency. By focusing on rehabilitation and reintegration, these systems aim to transform young offenders into responsible and productive members of society.
The comparative insight into juvenile justice systems highlights the importance of a balanced approach that considers the unique needs of juveniles while ensuring justice for victims and protecting public safety. In India, the Juvenile Justice (Care and Protection of Children) Act, 2015, provides a robust framework for addressing juvenile delinquency. However, continuous efforts are required to address the underlying causes of juvenile crime, enhance rehabilitation programs, and ensure the effective implementation of laws and policies. International experiences offer valuable lessons and best practices that can inform ongoing reforms and improvements in juvenile justice systems worldwide.
By fostering a compassionate and rehabilitative approach, societies can better address juvenile delinquency, providing young offenders with the opportunity to learn from their mistakes and build a better future.
[1] Sanford J. Fox, Juvenile Justice Reform: An Historical Perspective, 22 STANFORD LAW REVIEW 1187 (1970).
[2] Juvenile Justice in India: Historical Context, RESEARCHGATE, available at: https://www.researchgate.net/profile/Rahat-Hayat/publication/357832166_Bayan_College_International_Journal_of_Multidisciplinary_Research_A_peer_reviewed_international_Journal_Juvenile_Justice_in_India_Historical_Context/links/61e17c448d338833e36b67f3/Bayan-College-International-Journal-of-Multidisciplinary-Research-A-peer-reviewed-international-Journal-Juvenile-Justice-in-India-Historical-Context.pdf (last visited on 13 June, 2024)
[3] Juvenile Justice System in India, LEGAL SERVICE INDIA, https://www.legalserviceindia.com/legal/article-6794-juvenile-justice-system-in-india.html (last visited on 12 June, 2024).
[4] Sayanti Ganguly, A Short History of Juvenile Legislations in India: A Socio- Legal Perspective, QUEST JOURNALS, Apr. 07, 2023.
[5] History and Development of Juvenile Justice System in India, WRITINGLAW, https://www.writinglaw.com/juvenile-justice-system-in-india/ (last visited on 13 June, 2024).
[6] Module 1: Evolution Of Juvenile Justice System in India Part 1, EPG-PATHSHALA, https://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/S001608/P001809/M027674/ET/1520851568JJMODULE1CONTENTS.pdf (last visited on 12 June, 2024).
[7] The Juvenile Justice and Delinquency Prevention Act, 1974
[8] Young Persons Act, 1933
[9] Youth Justice and Criminal Evidence Act, 1999
[10] Young Offenders Act, 1997
[11] Youth Criminal Justice Act, 2003
[12] The Indian Majority Act, 1875, s. 3.
[13] 543 U.S. 551 (2005)
[14] 492 U.S. 361 (1989)
[15] 560 U.S. 48 (2010)
[16] PBS Premiere, Three Supreme Court Cases that have shaped Juvenile Justice, POV, (Aug. 04, 2014), http://archive.pov.org/15tolife/supreme-court-cases/ (last visited on 14 June. 2024).
[17] 567 U.S. 460 (2012)
[18] Mukesh and Anr. v. State for NCT of Delhi and Ors. AIR 2017 SUPREME COURT 2161
[19] The State of Maharashta v. Vijay Mohan Jadhav and Ors. SESSION CASE NO. 846 of 2013
[20] Express News Service, The Gurgaon school murder that shook a nation, THE INDIAN EXPRESS, (Oct. 20, 2022 22:23 IST), https://indianexpress.com/article/cities/delhi/ryan-internationa-school-murder-gurgaon-8221196/ (last visited on 14 June. 2024).
[21] Pathikrit Chakraborty, NCRB report shows 32% rise in crime by minors in Uttar Pradesh, TIMES OF INDIA, (Aug. 30, 2022 22:07 IST), https://timesofindia.indiatimes.com/city/lucknow/ncrb-report-shows-32-rise-in-crime-by-minors-in-uttar-pradesh/articleshow/93887210.cms (last visited on 14 June. 2024).
[22] Sudeept Mishra, In ’22 MP second in juvenile crimes, reveals NCRB report, TIMES OF INDIA, (Dec. 05 08:25 IST), https://timesofindia.indiatimes.com/city/bhopal/mp-ranks-second-in-juvenile-crimes-ncrb-report/articleshow/105740398.cms (last visited on 14 June. 2024).
[23] Sukriti Gupta, Maharashtra records highest juvenile crimes in 2022 reveals NCRB Report, MEDIUM, (Feb. 07, 2024), https://medium.com/@sukritismvd1721/maharashtra-records-highest-juvenile-crimes-in-2022-reveals-ncrb-report-76d0092ea868 (last visited on 14 June. 2024).
[24]UNICHEF, Justice for Children, https://www.unicef.org/india/what-we-do/justice-for-children#:~:text=The%20arrest%2C%20detention%20or%20imprisonment,where%20they%20do%20not%20exist.
[25] Chhavi Bhatia, “The Tihar Transformer: Kiran Bedi”, DNA, (Mar. 22, 2018 06:45 IST), https://www.dnaindia.com/india/report-the-tihar-transformer-kiran-bedi-2596274 (last visited on 14 June. 2024).
Author: Harshita Singh Patel is B.A.LL.B. student at University of Lucknow.
