Author: Siddhika Chaudhary, Lloyd Law College
Abstract
(keywords – juvenile laws, mental capability, degree of crime)
Is age a right criterion for the trial of juveniles?
During the post-independence era, the biggest problem was the youth of India. Crimes committed by minors were creating chaos in the country. Punishing them with the adults who committed heinous crimes would have been wrong as there was a high probability of minors getting influenced by them. Children in the post-independence era were rebellious enough to commit crimes which the law of India couldn’t neglect despite their innocent age.
However, with time, owing to the country’s advanced education system, reforms in juvenile laws have become a need of the hour. Earlier in the 19th- 20th century, the education system was not as advanced as it is now, also. India was not dealing with the trend of westernization. Owing to social media, there is an increasing trend of westernization and modernization which along with a lot of advantages has influenced the youth of the country really badly.
There is a vast difference between a kid of the 19th century and a kid of the 21st century in the aspect of maturity. Looking at the maturity level of the kids of the 21st century, the laws need a change. The most important element of crime is the mental element. An accused is found guilty when his malice intention is proved in a court of law. This text is also about whether they should a minor be tried on the basis of their age or their mental capability of committing the crime.
History of Juvenile Laws
In India, the Apprentices Act (1850) was the first law to address children in conflict with law. The court was provided with options for treating children and youth who had committed offences as apprentices rather than locking them up in prison. The second law that dealt with juvenile offenders was the Reformatory Schools Act (1876). In 1960 another act was passed to provide the care, maintenance, protection, welfare, education, training, trial and rehabilitation of abused and neglected children. In 1891, another act was enacted which provided for the establishment of juvenile courts and probation officers. was enacted which provided for the establishment of juvenile courts and probation officers. However, this act was limited in scope and only applied to the province of Bengal. Ahead of all these laws, there was a need for a single set of rules for the entire purpose. This purpose was served by the Juvenile Justice Act (1986). This act was first amended in the year 2000 as the United Nations Convention on the Child made it necessary to have a law that complied with the Convention’s requirements. This act was finally replaced by the Juvenile Justice Care and Protection of Children Act 2015 to strengthen the legal provisions for the protection, care, and rehabilitation of children and provide for a more child-friendly Justice System. The act focuses on the rehabilitation and reintegration of children in conflict with the law, rather than punishment.
The motive for the establishment of separate laws for juveniles was to ensure that they don’t get badly influenced by adults. Today the 4th Juvenile Justice System of India aims to protect the rights of children and ensure that they receive the care and support they need to lead productive lives.
Need for a change in laws
The purpose of the establishment of the Juvenile Justice System was to provide a child-friendly justice system to children who committed crimes due to lack of maturity. At the time of the establishment of this law, minors were involved in theft-like offences. But in today’s era, 16- 17-year-old children are committing heinous crimes such as rape, murder and get themselves involved in anti-terror activities. The juvenile system establishes a law that children below the age of 18 will not be imprisoned for the offences committed by them. There are minors who drive vehicles at high speed on roads and meet with the accidents causing fatal injuries or even death of the victims. A mere amount of money can’t compensate for anyone’s life. There are heinous crimes such as murders, rapes and bomb blasts where minors are involved but don’t get punishment because the law doesn’t give imprisonment to minors. But the age should be reduced to 16. The law allows a 16-year-old kid to work which makes them fall into bad companies.
The statistics show that most of the minors who commit heinous crimes like rapes and murders are either school dropouts or belong to the family who lack basic needs. The law allows free education for up to 14 years and also restricts children up to 14-15 years of age to work in factories restaurants etc. The intention of the person and his mental ability to understand the capacity and effect of his act should determine the criteria to actually judge a person and not any age limit that the law decides. It would be unfair to that country where the committer of heinous crimes is pardoned just because they don’t fulfil the age criteria.
Juvenile Justice system in rest of the World and India
The Juvenile laws in the US vary from state to state. The minimum age at which a youth is liable to be sentenced as an adult for heinous crimes is 14 years whereas the UK lays down that a child between the age of 10-18 is capable of committing offences and will be tried in separate courts for youth.
In India, various petitions that were brought on public demand requesting that minors should be lowered to 16 years for heinous crimes such as rape and murder, were dismissed by the Supreme Court. The Supreme Court even dismissed the petition submitted by Subramanium Swamy asking the judges to consider mental and intellectual maturity rather than age especially when young ones are involved in such heinous crimes. Even K.T.S Tulsi believes that due to the age bar, many people are taking advantage of such a provision which results in a large number of children committing heinous crimes.
Leading cases where the need of reform is felt
“The longer it takes, we allow more and more young criminals to get away and free to commit crimes again,”
-Tulsi.
1. Nirbhaya Case (2012) – This case led to significant changes in legal and social aspects in the country. The facts of this case state that a 23-year-old girl named Nirbhaya was brutally gang-raped by 6 men. The girl was battling with her fatal injuries and lost her battle on December 29, 2012. One of the perpetrators was a minor who was sentenced to three years in a reform home, the maximum under the Juvenile Justice Act while the adults were sentenced to death. This incident paved the way for the establishment of anti-rape laws to ensure women’s safety.
2. Shakti Mills Gang Rape Case (2013) – This case led to an outrage of public questioning female security in the country. The facts of the case state that a 22-year-old photojournalist was gang-raped by 5 men in the compound of Mumbai Shakti Mill on August 22, 2013. One of the accused was a juvenile who was tried separately and sentenced to three years in reform while the rest of them were hung to death under the anti-rape laws introduced after the Nirbhaya Case.
3. Delhi BMW Hit and Run case (2018)- A juvenile was recklessly driving his BMW car at a very high speed. The speed of the car led to an accident which led to the death of Victor. The juvenile was tried under the Juvenile justice system which focused on rehabilitation rather than punishment.
4. Pune Car Accident Case (2024)- A 17-year-old boy was driving a Porche recklessly and was allegedly drunk at the time. While driving and under the influence of toxication, he knocked down two young software engineers. The minor was later granted bail on the surety of Rs. 7500. He was also made to write a 300-word essay on road safety rules. This incident has led to the outrage of the public demanding a reduction in age to 15-16. Also, Rs. 7500 and an essay can never compensate for a human life.
5. Lucknow Murder Case (2019) – Khushboo Gupta, a 16-year-old student was stabbed by her 16-year-old classmate in a private coaching center. The accused claimed that there were some ongoing conflicts between them and his act was a result of ongoing rivalry and enmity between them. There was a controversy about whether he should be treated as an adult or a juvenile. The court decided that he would be tried as a juvenile which meant rehabilitation instead of punitive measures.
Statistics
According to NCRB’s report , in 2019, there were 31618 registered cases against Juveniles under IPC whereas in 2020, despite the Covid pandemic,29768 cases were registered against juveniles. The majority of these cases included theft, assault and burglary. However, there were a significant number of rape and murder cases too. In 2020. 1743 rape cases and 853 murder cases were registered with minor involvement. Apart from that, there has been a significant rise in road accident cases where minors were driving cars or bikes at a very high speed. There are many hit-and-run cases where minors under the influence of alcohol, meet with accidents leading to fatal injuries and even death. A significant portion of juvenile offenders fall in the age group of 16-18 years, having a history of dropping out of school. Most of them are part of some gang with bad influence. The reports state that most of the minors who commit murder-like crimes are part of a gang that makes them do such things and they are aware of the fact that they are minors and will not be punished.
Conclusion
Change is the only constant thing in this world. Change is the law of nature. Everything changes according to the time. Technology has made life easy and comfortable but due to this technology, youth fall into the trap of criminal offences. The educational practices have also changed so has the curriculum of education. Earlier in the 20th century, children were not aware of rapes and crimes. But in the 21st century, they have knowledge of rapes, crimes, and murder and usually get influenced by media and choose the wrong path. Juvenile laws in India need an amendment just like other laws. Juvenile should be judged on the basis of their mental capability of committing a crime. A minor of 16-18 years old knows the difference between right and wrong. He knows that anti-terror activities, rape and murder are heinous crimes. They know the consequences of underage driving and driving drunk. If they still commit a crime while knowing the consequences of their act, must get punished regardless of their minor age. Also, in the case of POCSO, girls putting false accusations on males should be tried with punitive measures. Minors committing heinous crimes should be tried as an adult just like what happened in the Gurgaon School Murder Case. In this case, a 7-year-old Pradyumn Thakur was found with his throat slit in the school’s washroom. Initially, the school bus conductor was accused but the proceedings took a turn when the CBI investigated and accused a 16-year-old boy from the same school. The minor later confessed and the court decided to treat him as an adult and judged him on psychological criteria. Just like this exceptional case, minors should be judged on the basis of their mental capability. The age of minors in juvenile should be reduced to 16 years. There’s a call for more judicial discretion in sentencing, allowing judges to consider the specific circumstances of each case, the offender’s maturity, and the severity of the crime.
FAQS
Q.1. Is there any recent case of Juvenile Crime?
A.1. Yes, there are many case but the most recent one is a 17 year old boy crushed a mother and a child on a road who was also accused of overspending under the influence of alcohol.
Q 2. What is the purpose of juvenile reforms?
A.2. Juvenile reforms aim to rehabilitate and reintegrate young offenders into society rather than impose harsh punishments. They focus on correction, education, and skill development.
Q.3. What is the legal framework for juvenile justice in India?
A.3. The Juvenile Justice (Care and Protection of Children) Act, 2015 governs juvenile justice in India. It provides a framework for handling children in conflict with the law and children in need of care and protection.
Q.4. What is the age limit for juveniles under the Juvenile Justice Act?
A.4. A juvenile is any person below the age of 18 years. However, for heinous offenses (like rape or murder), juveniles aged 16 to 18 may be tried as adults, depending on the nature of the crime.
