Author: Sonia Attri, Faculty of Law, University of Delhi
ABSTRACT
Children are vital assets whose well-being shapes a nation’s future. Despite constitutional protections and the National Policy for Children, many in India face neglect and exploitation, worsening juvenile delinquency. Juvenile justice addresses legal issues for those under criminal responsibility. In India, the Juvenile Justice (Care and Protection of Children) Act, 2015, allows prosecuting 16 to 18-year-olds as adults in certain cases. This paper examines the legal inconsistencies and implications of these reforms. It reviews the evolution and current state of the Indian juvenile justice system, assessing its impact and suggesting improvements. The findings may also offer insights for similar systems worldwide, such as Vietnam. The Indian Constitution guarantees children’s rights to survival, development, education, and protection, underscoring the need to safeguard and nurture them as future assets.
INTRODUCTION
The term “Juvenile,” from the Latin “Juvenis,” designates individuals under eighteen. In India, juveniles who commit offenses are governed by the Juvenile Justice (Care and Protection of Children) Act, 2000, in alignment with the UN Convention on the Rights of the Child, 1989.Historically, India had separate legal frameworks for neglected juveniles and juvenile delinquents until 2000, resulting in distinct juvenile justice systems. The legislative approach evolved significantly under influences from international models, particularly those of England and the United States, culminating in the Juvenile Justice (Care and Protection of Children) Act, 2015. However, merging these frameworks has introduced implementation challenges. The Indian Constitution’s Article 39 mandates the protection and development of children, while Article 39A ensures equal justice and free legal aid. Section 304 of the Criminal Procedure Code mandates legal aid from the first court appearance. Adhering to international standards, India established the Committee for Implementing Legal Aid Schemes (CILAS) in 1980 and enacted the Legal Services Authorities Act, 1987, ensuring a statutory basis for legal aid and justice.
HISTORY OF JUVENILE JUTICE IN INDIA
“Juvenile justice,” from the Latin “Juvenis,” signifies a justice system for youth. Historically, this concept emerged from the view that traditional criminal law was inadequate for addressing juvenile delinquency, necessitating specialized interventions and community support. In India, juvenile justice evolved with the Juvenile Justice (Care and Protection of Children) Act, 2000, initially setting the age limit at sixteen. This was amended in 2006 to eighteen, aligning with international standards following India’s ratification of the UN Convention on the Rights of the Child (1992). The system reflects India’s constitutional commitment to child welfare, supported by Articles 15(3), 24, 39(e) and (f), and 45. Other legal frameworks include the Right to Education Act, 2009, and the Child Labour Prohibition Act, 1986, which together ensure comprehensive protection for children.
DEFINITION OF JUVENILE JUSTICE
In India, prior to the enactment of the Children Act, 1960, there was no uniform definition of a juvenile. The Bombay Children Act, 1948 defined a “child” as a boy under 16 years or a girl under 18 years. The Juvenile Justice Act, 1986 defined a juvenile as a boy under 16 years and a girl under 18 years. With the advent of the Juvenile Justice (Care and Protection of Children) Act, 2000, the distinction based on gender was eliminated, setting the age of a juvenile at 18 years for both males and females. Under this Act, a juvenile in conflict with the law is defined as a person who has not reached the age of 18 at the time of the alleged offence. The Juvenile Justice (Care and Protection of Children) Act, 2015 further defines a juvenile as a person under 18 years of age.
JUVENILE JUSTICE AND INCREASING CRIMES IN INDIA
Juvenile justice in India has evolved through six phases: pre-1773, 1773-1850, 1850-1950, 1950-2000, and 2001-2010.The Regulating Act of 1773 empowered the East India Company to legislate, and the Charter Act of 1833 transitioned it to a governing role. Early reforms included the 1850 legislation to segregate juveniles from adults, and the 1919-1920 All India Jail Committee Report furthered this separation. Despite comprehensive child protection laws, juvenile crime in India has surged. The National Crime Records Bureau (NCRB) reported that juvenile offenses made up 1.2% of total crimes in 2012, with an 85% increase in juvenile crime rates from 2001 to 2011. In 2012, 27,936 juveniles were charged with serious offenses, including murder and rape, with 66.6% aged 16 to 18. Cases of juveniles involved in rape rose from 485 in 2002 to 1,175 in 2012.This increase in serious juvenile offenses poses significant challenges for law enforcement under current juvenile justice laws.
FACTORS CONTRIBUTING TO JUVENILE DELINQUENCY
A. Biological Factors: Physical issues, such as speech and hearing impairments or excessive physical aggression, may contribute to delinquent behaviour.
B. Socio-Environmental Factors:
1. Mobility: Relocation to unfamiliar areas can expose individuals to criminal opportunities.
2. Cultural Conflicts: Conflicts between long-term residents and newcomers can lead to increased deviant behaviour.
3. Family Background:
– Family Structure: The family environment significantly influences a child’s development. Inadequate family support often leads to delinquency.
– Broken Homes: Homes with absent or separated parents can create insecurity, increasing the likelihood of engaging in antisocial behaviour.
– Birth Order: Middle children often receive less parental attention, which can contribute to delinquent behaviour.
– Parent-Child Relationship: Poor relationships, including lack of affection and frequent conflicts, can lead to behavioural issues. Children in homes with substance abuse or excessive punishment are particularly vulnerable.
4. Socio-Economic Conditions: Poverty and the resulting social disparities can drive juveniles towards criminal activities. The rich-poor divide often exacerbates this issue.
C. Psychological Factors: Mental health disorders, including depression and difficulties in emotional regulation, can predispose juveniles to criminal behaviour.
D. Other Factors:
– Peer Influence: Associating with delinquent peers can increase criminal behaviour.
– Economic Incentives: Extra money and material desires can motivate crime.
– Revenge: Personal grievances may lead to criminal acts.
– Educational Deficiencies: Poor literacy and educational engagement contribute to delinquency.
– Media Exposure: Overexposure to violent media content can influence behaviour.
– Lack of Values: Absence of moral guidance can lead to antisocial behaviour.
– Early Sexual Experiences: Premature sexual activity may be linked to delinquent behaviour.
– Mental Conflicts: Internal psychological struggles can manifest as criminal behaviour.
JUVENILE DELINQUENCY
The term “delinquency” is derived from the Latin word *decliner*, meaning “to omit” or “fail to perform.” Historically, it referred to failure to fulfil duties and was used by William Coxson in 1484 to denote someone guilty of an offense. Shakespeare also used the term in *Macbeth* (1605). Today, delinquency refers to behaviour that deviates from societal norms. Research indicates that early intervention is crucial in preventing juvenile delinquency. Effective prevention strategies must address not only those who have committed offenses but also those who exhibit disruptive behaviour without legal violations. Identifying and providing treatment for at-risk juveniles is essential. Preventative measures should encompass individual, group, and organizational efforts aimed at deterring criminal behaviour. Economic development programs, vocational training, and educational opportunities can help mitigate juvenile delinquency. Moreover, integrating the Juvenile Justice Act (JJA) with active participation from civil society, including NGOs and local communities, is vital. Emphasizing long-term, beneficial schemes for juveniles can further reduce delinquent activities.
JUVENILE JUSTICE ACT
On December 30, 2000, the President of India enacted the Juvenile Justice Act, 2000, which replaced the Juvenile Justice Act of 1986. This Act provides for the care, protection, treatment, development, and rehabilitation of children who are neglected or delinquent. It introduced the terms “children in conflict with the law” and “children in need of care and protection” and established the Juvenile Justice Board and Child Welfare Committee. The Act prohibits severe penalties such as death or life imprisonment for juveniles and disallows publicizing their personal details. It also addresses cruel treatment of juveniles and exploitation in dangerous jobs, with violations considered cognizable offenses.
ADOPTION OF JUVENIE JUSTICE ACT, 2015
The Juvenile Justice Act, 2015 repealed the 2000 Act, aiming to create a more comprehensive and efficient juvenile justice system that balances deterrence and rehabilitation. The new law emphasizes that juvenile treatment should differ from that of adults, advocating for a distinct legal framework that supports transformation and reform.
CONSTUTUTIONAL FRAMEWORK AND JUDICIAL PRECEDENTS IN INDIA
The Indian Constitution, as the supreme legal authority, outlines citizens’ rights and the structure of government. Part IV, containing the Directive Principles of State Policy (DPSP), aims to ensure societal welfare and justice, particularly for children. Key constitutional provisions related to children’s rights include:
– Article 21A: Guarantees free and compulsory education for children aged 6 to 14 years.
– Article 24: Protects children under 14 from hazardous employment.
– Article 47: Ensures a decent standard of living and adequate nutrition.
– Article 39: Prohibits human trafficking and forced labour.
A critical issue in juvenile justice is the determination of a person’s age or “claim of juvenility.” This claim is adjudicated by the Juvenile Justice Board (JJB) and can be raised at any stage of legal proceedings, including after the Board’s decision. According to Rule 12 of the Juvenile Justice Rules, 2007, and various court decisions:
– Kulai Ibrahim v. State of Coimbatore: The Court affirmed that the claim of juvenility can be raised at any stage during trial, as per Section 9 of the Juvenile Justice Act, 2015.
– Deoki Nandan Dayma v. State of Uttar Pradesh: The Court recognized school records as valid evidence for determining a juvenile’s age.
– Satbir Singh & Others v. State of Haryana: The Supreme Court emphasized that school records are crucial for establishing a juvenile’s age.
– Krishna Bhagwan v. State of Bihar: The Court ruled that the age for determining juvenility should be based on the date of the offense.
– Arnit Das v. State of Bihar: The Supreme Court revised its stance, deciding that the relevant date for juvenility is when the accused is presented before the competent authority.
In Heeralal v. Union of India, a juvenile convicted of violent offenses was sentenced based on his legal age, a decision upheld by the Supreme Court. In **Satya Deo v. State of Uttar Pradesh**, it was established that juveniles must be treated as such at the time of the offense, even if the crime occurred before the Juvenile Justice Act of 2000. Section 25 of the Juvenile Justice Act, 2015, provides that the 2000 Act continues to apply to cases pending at the time of its adoption.
JUVENILE JUSTICE BOARD
The Juvenile Justice Board is constituted to handle inquiries and hearings involving juveniles in conflict with the law. The Board comprises a Principal Magistrate and two social workers, one of whom must be a woman. The Board operates independently of regular court premises, and its decisions are final.
Special Procedures of the Juvenile Justice Board:
1. Proceedings cannot be initiated based on complaints by police or citizens.
2. Hearings must be informal and confidential.
3. Offenders are placed in Observation Homes post-detention.
4. Trials are conducted by a Lady Magistrate.
5. A juvenile may be presented before a single Board member if the full Board is unavailable.
Doctrine of Doli Incapax
The principle of Doli Incapax, a cornerstone of criminal jurisprudence, addresses juvenile criminal liability. Under this doctrine, individuals under the age of 7 are deemed incapable of committing a crime and, therefore, cannot be prosecuted.
Doli Incapax signifies the incapacity to commit a crime and aligns with Article 40(3)(a) of the United Nations Convention on the Rights of the Child, which mandates that countries specify a minimum age below which children are exempt from criminal liability due to their inability to understand the nature and consequences of their actions.
GLOBAL APPROACHES TO JUVENILE DELINQUENCY
Juvenile delinquency remains a significant issue globally, though approaches to managing it vary by country:
– Norway: Handles juvenile cases through a Municipal Juvenile Welfare Committee, focusing on preventive measures and psychological treatment, in accordance with the Child Welfare Act of 1953.
– Turkey: Addresses juvenile delinquency with a focus on family and socio-cultural factors. Despite low overall rates, issues such as theft and violence are concentrated among 16-18-year-olds, influenced by factors like unemployment and poor housing.
– Japan: Prioritizes rehabilitation over punishment. The Juvenile Act of 1948 promotes reintegration through counselling and social support rather than incarceration.
– Australia: Utilizes a child-centered approach with community-based interventions and rehabilitation programs under the Youth Justice Act 1992.
– United Kingdom: Employs Youth Offending Teams (YOTs) to provide tailored support and prevention programs aimed at reducing reoffending.
In response to rising juvenile delinquency globally, the United Nations developed guiding principles for juvenile justice systems. Notably, the 7th U.N. Congress on Prevention of Crime and Treatment of Offenders, held in September 1985, played a crucial role in this regard.
India, a U.N. member, addressed these international concerns by enacting the Juvenile Justice Act, 1986, which reflects the global commitment to improving juvenile justice systems.
JUVENILE JUSTICE AND CURRENTB TRENDS
Juvenile delinquency in India, while less severe compared to Western nations, remains a significant issue. Factors such as family cohesion, religious values, and moral principles contribute to the lower rate of delinquency. However, modern influences and aspirations have led to a noticeable rise in juvenile offenses. India’s approach to juvenile justice is guided by three core principles:
1. Correction Over Trial: Young offenders should be corrected rather than tried.
2. Reformation Over Punishment: The focus should be on reform rather than punishment.
3. Community-Based Treatment: Juveniles should be managed outside of traditional courts through institutions like the Juvenile Justice Board, Observation Homes, and Special Homes.
Under Indian law, any violation of criminal law by individuals under 18 years is classified as an offense in conflict with the law, falling under the Juvenile Justice Board’s jurisdiction.
Current Trends
The definition of a child in India impacts how offenders are treated in the legal system. In line with international norms, children are considered incapable of criminal intent (doli incapax) and are not tried as adults. Those aged 7-12 who lack the maturity to understand the nature of their actions are not deemed criminally responsible under the Indian Penal Code (IPC), 1860.Recent data from the National Crime Records Bureau (NCRB) indicates a rise in juvenile crime, particularly among those aged 16-18 years. In response to increasing juvenile involvement in serious offenses, the Juvenile Justice Bill of 2014 was introduced, leading to significant amendments in the 2015 Act. This legislation allows for juveniles aged 16-18 involved in heinous crimes like murder and rape to be tried as adults if deemed appropriate by the Juvenile Justice Board.
CONCLUSION
India’s juvenile justice system has evolved to protect and rehabilitate minors, with significant advancements marked by the Juvenile Justice (Care and Protection of Children) Act, 2000, and its 2015 revision. Despite progress, challenges persist in integrating frameworks and addressing rising serious juvenile offenses. Upholding constitutional protections and statutory measures like the Legal Services Authorities Act is essential for ensuring justice. Continued reform and implementation improvements are necessary to effectively meet the needs of juveniles and contribute to global juvenile justice standards.
FREQUENTLY ASKED QUESTIONS
1. What is the age range for juveniles under Indian law?
Juveniles are individuals under the age of eighteen.
2. What is the primary legislation governing juvenile justice in India?
The primary legislation is the Juvenile Justice (Care and Protection of Children) Act, 2000, with amendments in 2015.
3. How does the Juvenile Justice Act align with international standards?
The Act aligns with the UN Convention on the Rights of the Child, 1989, ensuring protection and rehabilitation of juveniles.
4. What are the main objectives of the Juvenile Justice Act?
The Act aims to protect, rehabilitate, and reintegrate juvenile offenders, distinguishing between neglected children and those who commit offenses.
5. How does Indian law address legal aid for juveniles?
Article 39A of the Indian Constitution mandates free legal aid, and the Legal Services Authorities Act, 1987, provides a statutory framework for ensuring access to justice.
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