Author: Mudit Bhati, Banaras Hindu University
INTRODUCTION
The set of laws relating to the conception of juvenile justice is a very controversial content and should be handled with utmost respect. Juvenile justice is a very sensitive conception in the field of law which deals with the protection of children and guarding their fundamental rights. As a result, a large amount of legislation had been espoused at all levels, be it national or international. Juvenile justice system is a field which deals with numerous important issues including the behavioral aspects and liberty of a juvenile. The foremost aim of it is to rehabilitate and connect juveniles into Society, and the practices and approaches varies from country to country in several ways including the age of juvenile, legal traditions, cultural and societal attitudes, and numerous further other ways. Juvenile justice system is a set of rules and laws which deals with children who are criminated of a crime or delinquent offence. The aim of juvenile justice system includes pretensions like diverting young offenders from criminal liability, development of a delinquent juvenile, and further other pretensions.
WHO IS A JUVENILE?
‘Juvenile’ refers to any existent who is a minor, it means that anyone who has not attained the age of maturity is a juvenile. The age of determining a juvenile varies from country to country. For illustration, in countries like Taiwan and Japan, anyone who has attained the age of 20 is a major, however, the age of 18 is generally considered as the age of maturity. The Beijing Rules, also known as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, specifies a juvenile as “A child or young person who, under the respective legal systems, may be dealt with for an offence in a manner which is different from a major person.”
JUVENILE JUSTICE SYSTEM IN INDIA
The Juvenile justice system in India is governed by The Juvenile Justice (care and protection) act, 2015. This act allows the juveniles involved in criminal offences like murder, rape, etc. to tried as a mature person based on the decision of JJB (Juvenile Justice Board). Apprentices act of 1850 was the first act passed during colonial period to deal with children who had done something in conflict with the law. Apprentices act, 1850, says that the child who had committed some petty offence shall not be transferred to captivity but to treat them as apprentices. The Juvenile Justice Act of 2000 was replaced by the Juvenile Justice Act of 2015. Section 7A of Juvenile Justice act says that, an criminated person can raise the ‘claim of juvenility’ at any stage before any court indeed after the disposal of case. In India, section 82 and 83 of the Penal Code, 1860 and section 20 and 21 of Nyaya Sanhita, 2023 observes ‘doli incapax’ for children of age group 0 to 7 and 7 to 12 respectively. ‘Doli incapax’ is very important legal term which means that a child is incapable of having the intention to commit an offence. In the case of Gopinath Ghosh v. State of West Bengal, the indicted had given his age as much as the age specified for being a child. However, in this case, the court not only allowed the plea of child status to be raised for the first time but also appertained the matter to the sessions judge for the calculation of the age of the accused. Article 15(3), Article 39(e) and 39(f), Article 45 and 47, of Indian constitution guarantees the necessities of kids and securing their fundamental human rights.
INTERNATIONAL PERSPECTIVE ON JUVENILE JUSTICE
Under the English law, the doctrine of ‘doli incapax’ (incapable of committing any offence) was the defense of infancy unless such a presumption was rebutted. Some countries follow this doctrine, and thus children below a particular age are confined from the liability for the commission of an offence. Still age varies from country to country. However, until the late 19 century, the conception of Juvenile Justice was not given much importance as demanded, now it has become a field of law which contains a number of legislation and international treaties. The juvenile justice system at international level focuses on offences committed by the juveniles and has handed the measures to cover the interests of the juveniles from abuse of law. To cover the interest of the juveniles, nearly every country has espoused measures within their legal framework. The UNCRC (The United Nations Convention on the Rights of the Child) was a keystone on emphasizing children’s rights that includes their protection, education, etc. ICCPR (International covenant on civil and political rights, 1966) says that sentence of death shall not be imposed for crimes committed by individuals below 18 years of age. The Beijing Rules espoused in 1985 provides guidelines for managing juvenile justice system. Developing countries faces challenges in enforcing comprehensive juvenile justice system due to inadequate funding and infrastructure. The Havana Rules (which are also known as The United Nations Rules for the Protection of Juveniles Deprived of their Liberty, 1990) lays down the standard for the management of the juvenile justice system. The Vienna guidelines of 1997, were espoused for the protection of children and it was addressed not only to the states, but also NGO’s and media.
CONCLUSION
Juvenile Justice is a very sensitive topic, so it should be treated in a respectful manner. The Juvenile Justice systems in the whole world share common goal of guarding the fundamental rights of children but these diverge in perpetration due to socioeconomic factors, legal traditions, and cultural attitudes. Nearly every country has handed separate laws for the offence committed by a juvenile and it is essential for the betterment of any state. Hence, Juvenile Justice covers all spheres of juvenile’s life and is not confined to any particular set of regulations.
FAQS
What is the function of Juvenile Justice system?
The purpose of Juvenile Justice system is to rehabilitate and reform young offenders, rather than punishing them. It focuses on providing guidance, education, and resources to prevent future offenses and promote positive societal reintegration.
Can Juvenile be tried as adults?
Definitely yes, Juveniles can be treated as adults in cases involving serious crimes like murder, rape, etc. And the decision depends on factors like severity of offense, juvenile’s age, etc.
What are the rights which juveniles have in the juvenile justice system?
Following are rights which juveniles have:
a. Legal representation
b. Remain silent
c. Have their records kept private in most cases
d. Have their case heard in a timely manner
