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Five Things to Know About the New Juvenile Justice Act

The fed­er­al bill reau­tho­riz­ing and strength­en­ing the Juve­nile Jus­tice and Delin­quen­cy Pre­ven­tion Act ( JJD­PA ) set new stan­dards for juris­dic­tions to treat youth in ways appro­pri­ate for their age, to reduce dis­crim­i­na­tion and dis­parate out­comes for youth of col­or and to pro­vide a con­tin­u­um of ser­vices, sup­port and opportunities.

Here are five changes in the new ver­sion of JJD­PA prac­ti­tion­ers should understand:

1 . New stan­dards for juris­dic­tions to treat youth in age-appro­pri­ate ways

Each state must sub­mit a three-year plan to be eli­gi­ble for fed­er­al fund­ing under the law, and these plans must now demon­strate that they are guid­ed by sci­en­tif­ic knowl­edge about ado­les­cent brain devel­op­ment and behav­ior .

2 . Man­dates for com­mu­ni­ty-based pre­ven­tion and treat­ment ser­vices and fam­i­ly engagement

The new law incor­po­rates key ele­ments of the Youth PROMISE Act, which estab­lish­es fund­ing for local com­mu­ni­ties to build a con­tin­u­um of pre­ven­tion and inter­ven­tion pro­grams for youth who are involved — or at risk of being involved — in the jus­tice sys­tem. The local boards that devel­op the plans must include a bal­anced rep­re­sen­ta­tion of pub­lic agen­cies and youth- and fam­i­ly-serv­ing non­prof­its, plus at least one youth who has been found guilty by a judge of com­mit­ting a delin­quent act and one par­ent of a youth adju­di­cat­ed in this way.

State plans must engage fam­i­ly mem­bers in the design and deliv­ery of pre­ven­tion and treat­ment ser­vices; pro­mote evi­dence-based and trau­ma-informed pro­grams and prac­tices; reduce the num­ber of young peo­ple locked up while await­ing place­ment in res­i­den­tial treat­ment pro­grams; and pro­vide alter­na­tives to deten­tion for sta­tus offens­es (offens­es not con­sid­ered crimes if com­mit­ted by an adult, such as tru­an­cy or run­ning away).

3 . Stronger core pro­tec­tions for youth of col­or, youth tried as adults and youth who com­mit sta­tus offenses

The new law strength­ens each of the JJDPA ’s four core protections:

• Racial and eth­nic dis­par­i­ties ( RED ) is the term in the new ver­sion of the law that replaces ​ “ dis­pro­por­tion­ate minor­i­ty con­fine­ment ( DMC ).” The JJD­PA pre­vi­ous­ly required states to make efforts to reduce dis­par­i­ties with­out pro­vid­ing any specifics. The new bill requires states to use pol­i­cy, prac­tice and sys­tems-improve­ment strate­gies to reduce dis­par­i­ties by tak­ing actions such as estab­lish­ing coor­di­nat­ing bod­ies to advise states; using data to iden­ti­fy bias in deci­sion mak­ing; and cre­at­ing and imple­ment­ing a work plan with mea­sur­able objec­tives to address the needs iden­ti­fied by the data.
• Sight and sound sep­a­ra­tion required that young peo­ple be sep­a­rat­ed from incar­cer­at­ed adults by both sight and sound when they are housed in the same facil­i­ties. The new law extends this pro­tec­tion to youth await­ing tri­al as adults, giv­ing states three years after enact­ment of the law to comply.
• Jail removal orig­i­nal­ly pro­hib­it­ed hous­ing young peo­ple in adult facil­i­ties while they await tri­al in juve­nile cas­es, except under lim­it­ed con­di­tions. As with the ​ “ sight and sound sep­a­ra­tion” cit­ed above, the new law extends this pro­tec­tion to youth await­ing tri­al as adults, giv­ing states three years after enact­ment of the law to com­ply. An excep­tion will apply for cas­es where a court finds, after a hear­ing and in writ­ing, that it is in the inter­est of jus­tice to house youth in adult jails.
• Dein­car­cer­a­tion of sta­tus offens­es orig­i­nal­ly pro­hib­it­ed incar­cer­at­ing youth charged with sta­tus offens­es. An excep­tion to this pro­hi­bi­tion, how­ev­er, allowed youth to be incar­cer­at­ed if they vio­lat­ed a valid court order ( VCO ) relat­ed to the sta­tus offense. Despite advo­cates’ con­tention that the VCO excep­tion should be phased out entire­ly, Con­gress agreed on a com­pro­mise that main­tains it with tight restric­tions to lim­it its use. Youth can­not be held in deten­tion for longer than sev­en days under VCO ; a court must make sev­er­al spe­cif­ic writ­ten find­ings sup­port­ing the deci­sion; and the order may not be renewed or extend­ed unless there is a new violation.

4 . Addi­tion­al data-col­lec­tion requirements

The new law requires that fed­er­al Office of Juve­nile Jus­tice and Delin­quen­cy Pre­ven­tion ( OJJDP ) and the states col­lect addi­tion­al data to get a bet­ter under­stand­ing of youth in the sys­tem. OJJDP must now col­lect data on eth­nic­i­ty, along with race and gen­der, for its annu­al report on youth tak­en into cus­tody. For state plans, states are now required to col­lect data on:

• the use of restraints and isolation;
• youth who have oth­er dis­abil­i­ties in addi­tion to learn­ing disabilities;
• sta­tus offense charges filed and youth secure­ly con­fined based on sta­tus offenses;
• liv­ing arrange­ments of youth return­ing from custody;
• school-based offens­es;
• preg­nant youth in cus­tody; and
• child abuse and neglect reports relat­ed to youth enter­ing the juve­nile system.

5 . A relat­ed bill, the FIRST STEP Act, will also affect youth

Signed on the same day, the fed­er­al FIRST STEP Act incor­po­rates the Juve­nile Deten­tion Alter­na­tives Ini­tia­tive® facil­i­ty stan­dards on room con­fine­ment, also called soli­tary con­fine­ment. This includes the nar­row set of cir­cum­stances in which room con­fine­ment is allowed, the require­ment that a young per­son be released as soon as he or she calms down and a max­i­mum of three hours iso­la­tion before the facil­i­ty must trans­fer the youth to anoth­er, more appro­pri­ate facil­i­ty. Although the FIRST STEP Act only applies to pris­on­ers in fed­er­al facil­i­ties, it serves as an exam­ple for states inter­est­ed in adopt­ing sim­i­lar standards.

Relat­ed Resource

Read ​ “ Juve­nile Jus­tice Reform Act of 2018 Affirms Pro­tec­tions for Young Peo­ple” from Casey’s blog

Melis­sa Coretz Goe­mann, senior pol­i­cy coun­cil at the Nation­al Juve­nile Jus­tice Net­work, con­tributed infor­ma­tion and analy­sis to this blog.

This post is related to:

• Federal Policy Reform
• Juvenile Detention
• Juvenile Incarceration

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Critical Analysis: Juvenile Justice (Care and Protection of Children) Act 2015

• September 13, 2020
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Table of Contents

The Juvenile Justice (Care and Protection of Children) Act 2015 [1] was passed by the Parliament of India amidst intense controversy, prolonged debates and street protests by child rights groups, as well as some members of Parliament. This legislative note gives an overview of the background and processes that led to the passing of this Act. It discusses the positive provisions in the Act, like change in nomenclatures to remove negative connotations, the inclusion of several new definitions such as orphaned, abandoned and surrendered children, setting timelines for an inquiry by the Juvenile Justice Board, streamlining procedures for adoption, the inclusion of new offences committed against children and mandatory registration of Child Care Institutions. It discusses the controversial provision of “transferring” children between 16 and 18 years accused of “heinous offences” to the adult criminal justice system. It gives recommendations for law reform and better implementation of the law.

Definition of Juvenile [2]

The Children Act 1960 introduced the sex-based definition of the child in the realm of juvenile justice in India for the first time. 16 years was considered to be the right cut-off age for the purpose of juvenile justice in the light of what had been done in other countries.

In that act Section, 2 of the act says “child” means a boy who has not attained the age 16years or a girl who has not attained the age of 18 years. In this act, there are two categories of children. Neglected children and delinquent children have been included. According to JJ 1986, the word “child’ is not defined but instead the word “juvenile” is used.

“Juvenile” means a boy who has not attained the age of or a girl who has not attained the age of 18years. The definition of “juvenile” given herein verbatim the same what has been given for a child in the Children Act 1960. But the Dictionary meaning of the juvenile is a person physiologically immature or underdeveloped characteristic of children.

The Juvenile Justice (Care and Protection of Children) Act 2015 adopted a similar sex-based definition of a juvenile without further explanation. The JJ (C&P) Act 2000 has modified the age to 18, not because of such perceived unconstitutionality in the definition but to bring it in accordance with the definition of the child in the UN Convention on the Rights of the child. Now the new Act so-called Juvenile Justice (Care and Protection of Children) Act 2015 it replaced the old Act

About Juvenile Justice Act [3]

Juvenile Justice (Care and Protection of Children) Act 2015 has come into force and repeals the Juvenile Justice (Care and Protection of Children) Act, 2000. Juvenile Justice (Care and Protection of Children) Act 2015 was passed by Lok Sabha on 7th May 2015; was passed by Rajya Sabha on 22nd December 2015 and received Presidential assent on 31st December 2015.

Juvenile Justice (Care and Protection of Children) Act 2015 provides for strengthened provisions for both children in need of care and protection and children in conflict with law. Some of the key provisions include: change in nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’, across the Act to remove the negative connotation associated with the word “juvenile”;  inclusion of several new definitions such as orphaned, abandoned and surrendered children; and petty, serious and heinous offences committed by children;  clarity in powers, function and responsibilities of Juvenile Justice Board (JJB) and Child Welfare Committee (CWC); clear timelines for an inquiry by Juvenile Justice Board (JJB); special provisions for heinous offences committed by children above the age of sixteen years; a separate new chapter on Adoption to streamline adoption of orphan, abandoned and surrendered children; inclusion of new offences committed against children; and mandatory registration of Child Care Institutions.

Under Section 15, special provisions have been made to tackle child offenders committing heinous offences in the age group of 16-18 years. The Juvenile Justice Board is given the option to transfer cases of heinous offences by such children to a Children’s Court (Court of Session) after conducting the preliminary assessment. The provisions provide for placing children in a ‘place of safety’ both during and after the trial till they attain the age of 21 years after which an evaluation of the child shall be conducted by the Children’s Court. After the evaluation, the child is either released on probation and if the child is not reformed then the child will be sent to jail for the remaining term. The law will act as a deterrent for child offenders committing heinous offences such as rape and murder and will protect the rights of the victim.

To streamline adoption procedures for an orphan, abandoned and surrendered children, the existing Central Adoption Resource Authority [4](CARA) is given the status of a statutory body to enable it to perform its function more effectively.  A separate chapter (VIII) on Adoption provides for detailed provisions relating to adoption and punishments for not complying with the laid down procedure. Processes have been streamlined with timelines for both in-country and inter-country adoption including declaring a child legally free for adoption

The frightful incident of Nirbhaya rape case raised many debates and many prime issues among these were the involvement of the juvenile perpetrator, who was only six months short of becoming an adult . This attracts the law of Juvenile Justice (care and protection act, 2000) and the culprit was sentenced by the court only for three- year confinement. Against this decision of Apex Court, several protests were made, which demanded amendment in the existing Juvenile Justice Law.

The Juvenile Justice law in the country has been heavily debated in the aftermath of the Nirbhaya rape case leading to even  a change in the law as per which children between the ages of 16-18 can now be tried as adults for heinous crimes

Features of Juvenile Justice Act

1 .Definition of ‘child in need of care and protection’ expanded- The definition as per the new Act now also includes a child who is found working in contravention of labor laws, at imminent risk of marriage before attaining the lawful age for the same or who resides with such a person who has or had threatened to injure, exploit, abuse or neglect the child or violate any other law or whose parents or guardians are unfit to take care of him.

2.. CWC is no longer the final authority in cases of children in need of care and protection- The District Magistrate (hereinafter, the DM) shall be the grievance redressal authority for the CWC and anybody connected with the child may file a petition before the DM, who shall consider and pass appropriate orders.

3. Procedure for inquiry- The CWC shall now conduct an inquiry of any child produced before it, as opposed to children for whom production reports are received. The procedure now includes orphaned and surrendered children as well.

 4. An extensive definition of ‘adoption’ provided- an extensive definition of adoption has now been provided and child’s rights have been recognized.

The need of new Juvenile Justice Enactment Act of 2015

The Articles 15(3), 39 (e) and (f), 45 and 47 of the Constitution of India confer powers and impose duties on the State to ensure that all the needs of the children are met and their basic rights are fully protected. SUMMARY CRIMINAL LAW JJ ACT 2015 4/20, It was the need of the time to re-enact the Juvenile Justice Act, 2000 taking into consideration various international conventions.

The concept of the juvenile in India, until the passing of Children Act, 1960; there was no uniformity regarding age limitation of a juvenile delinquent. Bombay Children Act 1948, Haryana Children Act defined “Child” to mean a boy who has not attained the age of sixteen years or girl who has not attained the age of eighteen years. The U.P. Children Act and The East Punjab Act, Andhra Pradesh (Telangana Area) Children Act defined “Child” as a person under the age of sixteen years. Under the A.P. Children Act, 1920 “child” means a person under 14 years.

The Saurashtra & West Bengal defines a ‘child” a person who has not attained the age of eighteen years. Juvenile Justice Act, 1986 defined a juvenile or child to be a person who in case of a boy has not completed the age of 16 years and in case of a girl 18 years of age. The JJ Act, 1986 was repealed by 2000 Act and the distinction with regard to age between male and female juveniles has been done away with by the Government of India in performance of its obligation to the international obligations. Now the age of juvenile in conflict with the law for male and female has been fixed at 18 years.

Juvenile Delinquency [5]        

Juvenile delinquency is one of the most important problems which has attracted the attention of scholars. It exhibits a specific pattern of behaviour. It involves wrongdoing by a child or a young person who is under the age limit specified by law.

As per section 2(k) of the juvenile justice (care and protection of children act 2000), juvenile or child means a person who has not completed eighteenth year of age. ‘juvenile’ in conflict with the law means a juvenile who is alleged to have committed an offence. A juvenile in conflict with law is called a juvenile delinquent.

A delinquent is a person under age who is guilty of anti-social and whose misconduct is an infraction of the law. To a psychologist, any and every child, either sex, between the ages of 15 and 18, who commits a crime, whether apprehended or not, is a juvenile delinquent.

A juvenile delinquent is a person of 15 and 18 years who breaks the law, is vagrant, persists in disobeying orders whose behaviour endangers his moral life as well as others moral life. Delinquency is a type of abnormality which may not be regarded as criminal behaviour. Juvenile delinquency is a type of behaviour of children which is injurious to society and therefore is prohibited

Causes of Juvenile Delinquency – Factors leading to delinquency

There are various opinions expressed regarding causation of delinquency, explanation of delinquency in terms of slum living, broken homes, films or moral deprivation, etc. are failed to provide us with a comprehensive picture about the juvenile delinquency.

There are various factors involved in the causation of delinquency;

•  Bad company.
• Mental conflicts
• Adolescent instability
• Poor recreation
•  Social suggestibility
•  Emotional conflicts.
• Physical condition.
• Motion pictures.

Social causes consist of undesirable conditions at home particularly quarrels between parents, intoxication, the immorality of the parents, poverty and lack of employment, the cruelty of step-parent.

Historical origin and evolution of Juvenile Justice [6] system in India

Long ago, somewhere, sometime in the history the voice of the great Abraham Lincoln echoed” “A child is a person who is going to carry on what you have started. He is going to sit where you are sitting, and when you are gone, attend to those things you think are important. You may adopt all the policies you please, but how they are carried out depends on him. He is going to move in and take over your churches, schools, universities and corporations, The fate of humanity is in his hands”. [7]

The Problem of Juvenile delinquency [8] is not a product of the modern world of 21 st century as shown by historical evidence that it occurs in all societies simple as well as complex, that is wherever a human relationship is affected between a group of individuals leading to maladjustments and conflicts. In developing countries that form the third world the problem of juvenile delinquency is very serious.

With reference to India, the share of INDIAN PENAL CODE crimes committed by juveniles to total IPC crimes reported in the country during 2003-2005 remained static at 1.0% which marginally increased to 1.1% in 2006  and remained static in 2007. This share marginally increased to 1.2% in 2008 thereafter decreased to 1.1% in 2011 and 1.2% in 2012 and remained static at 1,2% in 2013. However, the juvenile crime rate has shown a mixed trend during 2003-2013 which proves that the shares of the crime committed by juveniles to total crimes reported in the country have also increased in the last three years.

Considering the gravity of the problem and issues involved, analysis indicates that the number of factors for neglect and delinquency are mostly common and correlated. Based on socio-economic and psychological reasons. Poverty, insufficient education, family tensions, emotional abuse, substance abuse, rural-urban migration, lack of strong social and moral; values and joint family system, atrocities and abuses by parents or guardians, degraded educational system, atrocities or abuses by parents or guardians, degraded educational system, the influence of media besides the unhealthy living condition of slums and such other conditions explain the phenomena of juvenile delinquency.

International stands on the Rights of Children

A ‘child’ is defined in the UN Convention on the Rights of the Child (CRC) [9] as a person under the age of 18. This includes infancy, early childhood, middle childhood and adolescents.

The UN convention [10] on the Rights of the Child , 1989 draws attention to four sets of civil, political, social , economic and cultural rights of the Child.

1 .Right to Survival: Which includes the right to life, the highest attainable standard of health, nutrition and adequate standards of living. It also includes the right to name and a nationality.

2. Right to Protection : Which includes freedom from all forms of exploitation, abuse, inhuman or degrading treatment and neglect including the right to special protection in situations of emergency and armed conflicts.

3 .Right to development: Which includes the right to education, support for early childhood development and care, social security and the right to leisure, recreation and cultural activities.

4. Right to Participation: Which includes respect for the views of child, freedom of expression, access to appropriate information, and freedom of thought, conscience and religion.

The convention provides the legal basis for initiating action to ensure the rights of children in Society.

Relevant articles from the UN Convention on the Rights of the Child [11]

Article 34:

State Parties undertake to protect the Child from all forms of sexual exploitation [12] and sexual abuse. For these purposes State Parties shall in Particular take all appropriate national, bilateral and multilateral measures to prevent:

a. The inducement or coercion of a child to engage in unlawful sexual activity.

b. The exploitative use of a children in prostitution or other unlawful sexual practices.

c. The exploitative use of a children in pornographic  performances an materials.

Article 35:

State Parties shall take all appropriate, national, bilateral and multilateral measures to prevent the abduction of. The sale or traffic[13] in children for any purpose or in any form.

Article 36:State Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the Child’s Welfare. Any child primarily on account of his dependence and vulnerability deserves to be looked after by the others. As a child, he needs support and care to survive since nature does not provide to the human infant any protection at all.

The need for survival and protection continues till the child attains maturity and adulthood. The Child is the nursery of all civilizations and human potential has to be provided with various institutional and non-institutional system of development which consists programs pertaining  to education, life skills, nutrition health shelter and most important the right to a childhood.

Article 40: of the U.N. Convention provides that a child who has been accused of having violated the penal law shall have the following guarantees to be presumed innocent until proven guilty according to law, to be informed promptly of the charges against him and to have legal or other appropriate assistance in the preparation of his defence, to have the matter determined without delay by a competent and impartial authority or judicial body not to be a  compelled to confess guilt and to examine the witness. Moreover, the State can establish a  minimum age below which children shall be presumed not to have the capacity to infringe the penal law.

Major problems identified with the Juvenile Justice Act of 2000 [14]

1.No flexible procedure for sentencing,

2. This is a system in which the maximum amount of sentence served by a delinquent who says partakes in an armed robbery in order to feed himself is the same as the one given out to a serial rapists or murderer, just so long both are under eighteen years of age. This is the serious problem identifies with the act.

3. There is no logical or scientific reason which shows that total and complete rehabilitation can be achieved by a delinquent/offender/ child in conflict with the law within a maximum period of three years.

4. The act does mot deal with physical and psychological maturity of a Juvenile.

5.Provisions of Hague Convention on Protection of Children and Cooperation in Respect of Inter Country Adoption [15] , 1993 failed to reflect in the act.

Juvenile Justice (Care and Protection of Children) Act, 2015

The Government even after facing strong oppositions and condemnation from various sections of the Society passed the Juvenile Justice act 2015, which will not allow children in the 16-18 years to be tried as adults if they commit heinous crimes. The bill which was pending in Parliament where the government despite lacking a majority, managed to get it passed. The amendments were prepared in the backdrop of public outcry over the Delhi gang-rape case of 2012 in which a juvenile accused received a  lighter punishment because of his age.

Apart from the hue and cry from society against the act, several members in Lok Sabha also opposed the controversial amendments that provide for treating juveniles between the age of 16-18 years on par with adults for crimes such as rape. It is necessary to understand that rehabilitation and not retribution should be the policy and therefore it is necessary to examine the provisions of the Act carefully to assess its possible impact on society.

Examination of the Act: Analysis of Notable Amendments [16]

• Any child that found committing any crime will now be sent for a  preliminary assessment for a period of three months, up from the earlier one month.
• Clarification is added that the preliminary assessment is not a trial, but to assess the child’s capacity to commit the crime.
• The Act will allow a Juvenile Justice Board, which would include psychologists and sociologists, to decide whether a Juvenile criminal in the age group of 16-18 years should e tried as an adult or not.
• A new clause on fair trial is added, under which the assessment will look into the special needs of the child, under the tenet of a fair trial under a child- friendly atmosphere.
• The Child will not suffer from any disqualification that arises from any conviction under the Act.
• The records of any conviction will be destroyed after the expiry period of the appeal except in the case of heinous crimes.
• Biological Parents giving up children for adoption will be given three months to rethink their decision instead of existing one month.
• This Act introduces foster care in India.
• The aftercare of the child in institutional care will not be restricted to only one time.
• Any child leaving institutional care can now receive financial support for more than one time.
• Disabled children  will be give precedence inter- state adoption.
• Abandoned Children, found by the childcare facilities will be kept for 60 days before being given up for adoption or foster care instead of existing b30 days.
• Any child who has been abandoned by biological parents due to unavoidable circumstances will not be considered to be willfully giving up the child.
• In acting on an appeal against an order passed against the child, the board will now take help of experienced psychologists and medical specialists.
• There will be now proper training of special juvenile unit in the police force.

Brief comparative analysis of Juvenile Criminal Law

France has three stages of criminal minor:

• The infant who does not have his own perception of his acts yet does not commit any offence and consequently can’t be convicted.

2. Minor between 7/8 and 13 years old has its own discernment.No Criminal Punishment but the educative measure can be pronounced against him, since a 2002 law.

3. Minor between the 13 and 18  commit an offence, and punishment can be educational and criminal in special cases.

The YCJA (Youth Criminal Justice Act)  [17] governs the application of criminal and correctional law to those 12 years old or older, but younger than 18  at the time of committing the offence. Youth aged 14 to 17  may be tried and sentenced as adults under certain conditions as described later on in the act. Though all trials will take place in a youth court under the Youth Criminal Justice Act for certain offences and in certain circumstances, youth may receive an adult sentence.

Where a child under the age of fifteen years is arrested or detained for an offence, which is punishable with imprisonment of fewer than ten years if he was accused of commission of bailable offences. No child under the age of fifteen years shall be arrested under any of the laws dealing with preventive detention or under the provisions of chapter 8 of criminal procedure code. Provided that the child of fifteen years of age or above is arrested, the Court may refuse to grant bail if there are reasonable grounds to believe that such child is involved in an offence which in its opinion is serious, heinous, gruesome, brutal sensational in character or shocking to public morality or he is a previous convict of an offence punishable with death or imprisonment for life. Despite the variance in specific issues across regions, some general comments can be made about the administration of juvenile justice While the majority of the countries have committed in a principle to a comprehensive juvenile justice system, with many having specific legislation for young offenders, there remains a lack of full implementation practice.

Constitutional provisions and safeguards for Children in India [18]

After Independence, the constitutional provisions have inspired the developments in the field of juvenile justice. Part 3 and Part 4 of the Constitution which deals with fundamental rights and Directive Principle of State Policy respectively contain some special provision with respect to children.

Article  15(3): Permits the State to make special Provisions   for Children and women

Article 23: Prohibits the traffic in human beings and forced labor

Article 24: Forbids the employment of children below the age of 14 years in factories, mines and other hazardous occupations.

Article 39 (e): Directs the state to safeguard the tender age of children from entering I to jobs unsuited  to their age and strength forced but economic necessity.

Article 39(f): Directs the state to secure facilities for the healthy development of children and to protect childhood and youth against exploitation and moral and material abandonment.

Article 45: Requires the state to provide free and compulsory education to all the children up to the age of 14 years.

Article 47: states it is the duty of the state to raise the level of nutrition and standard of living Parliament has enacted the 86th Constitutional amendment in 2002 and made Right to education as a fundamental Right.

For over a century, states have firmly believed on the notion threat the juvenile justice system as a weapon to protect the public by providing a system that responds to the Criminal acts of children who are maturing into adulthood. States recognize that children who commit crimes are different from adults: as a class, they are less blameworthy and they have a greater capacity for transformation. To respond to the differences, states have established a judicial system for juveniles and they have created a separate youth-based service delivery system that is provided to adults. It has seen that the countries with economies in transition have witnessed a dramatic rise in the delinquency rates. Most children and young people in conflict with the law have committed minor crimes barring some exceptions.

RECOMMENDATIONS:

• Implementation of the Juvenile Justice Act should be made heavily. Act without hands willing to implement it is ineffective and dangerous. Therefore, the Government should see that the act is properly implemented by the authorities.
• India should not have common Juvenile age for every crime. The System can be made on the lines of USA, UK and FRANCE  to categorize and divide the Juvenile Justice system into different age groups.
• Case of Juvenile should not be transferred to the adult court.
• Every Juvenile Justice board should work with local child welfare organizations to improve their effectiveness in providing abused and neglected children with safe shelters.
• Members of the Juvenile Justice Board  [19]should work with local child welfare organizations to improve their effectiveness in providing abused and neglected children with safe shelters.
• Possibility of creating Non-Judicial Juvenile Justice System should be examined.
• Ensuring and enhancing the quality of the process of the juvenile correctional services would bring about justice to juveniles in conflict with the laws.
• The age with reference to Juvenile should not be reduced at all, because it will have a far-fetching impact on the Criminal Justice System [20]in India which will detrimental to the growth of Justice and Equity.

REFERENCES:

• Bhattacharya S (2000) Juvenile Justice: An Indian Scenario, New Delhi Regency Publications
• Chowdhary R ( 2005)  Law relating to Juvenile Justice in India, Allahabad, Orient Publishing Company 3.R.V Kelkar, Criminal Procedure, Sixth Edition, Eastern Book Comp

Author: Akansh Sharma | Amity University, Chhattisgarh

Juvenile Justice (Care and Protection of Children) Act 2015 has come into force and repeals the Juvenile Justice (Care and Protection of Children) Act, 2000.

Juvenile Justice (Care and Protection of Children) Act 2015 was passed by Lok Sabha on 7th May 2015; was passed by Rajya Sabha on 22nd December 2015 and received Presidential assent on 31st December 2015.

Child in need of care and protection, changes in the procedure for inquiry, the extensive definition of adoption was provided… are few headings under these features. Tap the website, to read more in detail.

[1] Juvenile Justice ( Care and Protection of Children) Act , 2015 has been passed by Parliament Of India amidst intense controversy, debate and protest  on many of its provisions  by Child Rights fraternity.

[2] Juvenile basically means of, for or involving young people who are not yet adults.

[3] Juvenile justice ( Care and Protection of Children) Act 2015 has been passed by the Parliament of India .

[4] CARA is a statutory body of Ministry of Women & Child Development, Government of India.

[5] Juvenile delinquency: The habitual committing of Criminal acts or offences by a young person , especially ne below the age at which ordinary criminal  prosecution is possible.

[6] Juvenile Justice is the area of criminal law applicable to persons  not old enough to be  held responsible for criminal acts .In Most states  the age for criminal  culpability is set at 18 years.

[7]    Wrobleski.M.Henry(2000) an introduction to law enforcement and criminal justice, Thomson learning USA pp 540-541

[8] Juvenile delinquency: The habitual committing of Criminal acts or offences by a young person , especially ne below the age at which ordinary criminal  prosecution is possible.

[9] Children rights  are a subset  of human rights  with particular attention to the rights of special protection and care afforded to minors.

[10] The United Nations Convention on the rights of person with disabilities(UN CRPD) is an international human  rights treaty that affirms  all persons with disabilities must enjoy all human rights and fundamental freedoms.

[11] Rights are a legal, social, or ethnical principles of freedom or entitlement.

[12] In the form of child Pornography, Child Prostitution sale and trafficking of Children.

[13] Trafficking basically for the purpose of sexual exploitation.

[14] Juvenile Justice ( Care and Protection of Children) Act, 2000 . The act provides for a  special approach towards the prevention  and treatment of juvenile delinquency and provides a framework  for the protection, treatment and rehabilitation of children in the purview of juvenile justice system.

[15] International adoption is a adoption in which an individual  or couple becomes the legal and permanent parent of a child  who is a national  of a  different country.

[16] Amendments basically these are types of modifications in any pre-exiting laws.

[17] YCJA is a Canadian statute , which came into effect on April 1, 2003. It covers the prosecution of youths for criminal offences.

[18] Constitutional Provisions is a law that is written in the constitution itself and does not come from a law or statute.

[19] Juvenile Justice detained of a crime are bought before the Juvenile Board.

[20] Criminal Justice is the delivery of justice to those who have committed crimes.

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• juvenile justice act

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Rohit Pradhan

Rohit Pradhan is a distinguished lawyer practicing in the Supreme Court of India, High Court, and various other courts and tribunals in Delhi and the Delhi NCR. He is an esteemed member of the Bar Council of Delhi, with a passion for delivering justice and upholding the law. Rohit's extensive legal expertise and dedication to his profession are well-recognized in the field. Notably, he is the author of the comprehensive legal resource, 'Franchise Laws in India', a book graced with a Foreword penned by none other than the former Chief Justice of India, NV Ramana. Despite his prolific career, Rohit's intent with this website is not to solicit his profession but to impart knowledge and awareness about consumer rights and legalities, thereby empowering citizens to navigate the legal landscape with confidence.

Rohit Pradhan is a distinguished lawyer practicing in the Supreme Court of India, High Court, and various other courts and tribunals in Delhi and the Delhi NCR. He is an esteemed member of the Bar Council of Delhi, with a passion for delivering justice and upholding the law.

Rohit's extensive legal expertise and dedication to his profession are well-recognized in the field. Notably, he is the author of the comprehensive legal resource, 'Franchise Laws in India', a book graced with a Foreword penned by none other than the former Chief Justice of India, NV Ramana.

Despite his prolific career, Rohit's intent with this website is not to solicit his profession but to impart knowledge and awareness about consumer rights and legalities, thereby empowering citizens to navigate the legal landscape with confidence.

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Juvenile Justice Act: A Socio-legal Study

By Shraddha Agrawal, Chanakya National Law University

Editor’s Note:  Almost all the countries have developed a juvenile justice system to deal with their young offenders. In India, this issue has been in the highlight lately, with discussions on their problems and related issues at various forums. In this submission, the author has elaborated not only the social implications of delinquency but also the various aspects of the law that deals with juveniles.

INTRODUCTION

Children are recognized world wide as supremely assets of the Nation. The future of the nation lies in the hands of the Children, who have been recognized as the supremely assets of the nation but because of the indifferences of our society in all spheres, these future stake holders are not brought up properly which leads to child delinquency. Child or juvenile delinquency is an alarmingly increasing problem causing a source of concern in all over the world. Children ought to have been the subject of prime focus of development planning, research, and welfare in India but unfortunately, it has not been so. Despite the Constitutional vision of a healthy and happy child protected against abuse and exploitation, and a National Policy for Children, the majority of children in India continue to live without a cared, protected and meaningful childhood.

India is a signatory to UN Declaration on The Rights of the Child, 1959 which defined and recognized various Rights of the children namely: The right to health and care, the right to protection from abuse, the right to protection from exploitation, right to protection from neglect, right to information, right to expression and right to nutrition etc have been defined as basic rights of children by the Convention of the rights of the child. Accordingly, India has adopted a national policy on children in 1974 for achieving the above said rights for its children. The National Policy for Children has reaffirmed the Constitutional provisions for adequate service to children both before and after birth and through the period of growth to ensure their full physical, mental and social development. Through its National Policy for Children the government of India took the responsibility of children’s nurture and solicitude saying that equal opportunities for development to all children during the period of growth should be our aim, for this would serve our larger purpose of reducing inequality and ensuring social justice.

India being a party and signatory to the world Declaration on survival, protection and development of children, 1990 and for the purpose of fulfilling its commitment made at the world summit a national plan of action for children has been formulated by the under the Ministry of Human Resource Development, keeping in mind the needs, rights and aspirations of approximately 300 million children in the country.

Almost all the countries have developed juvenile justice system to deal with their young offenders. In India scene for the children has changed a lot and their problems and related issues have been given attention and are being discussed at various forums. The question of providing proper protection and care to the children of such a big number is a big challenge. A good number of our children on account of socio-economic reasons have adding themselves in the list of delinquent child.

There is need to give specific importance to children in society. Importance of a child is well recognized since ages. Nowadays children are under tremendous social pressure due to new changing social perceptions.

The juvenile justice systems have been designed to respond to the needs of young offenders. One principle role has been to provide specialized preventive and treatment services for children and young persons as a means of secondary preventions, rehabilitations and improved socialization.

 State’s responsibility of Welfare of the children, with the passage of time has shifted to the social organizations and certain philanthropic bodies. To make the people aware of the right of child, United Nations Organization declared 1979 as “International Year of the Child” issuing a general appeal to all the nations to review their programmes for the well being of the children and to mobilize support for programmes according to the countries conditions, needs and priorities.

 A report of UNICEF in 2005 on the state of world’s children under the title “Child under Threat”, speaking regarding India, mentioned that millions of Indian children are equally deprived their right of survival, health, nutrition, education and safe drinking water. This is what is happening to the most of the young children who if properly taken care of, would shine the future of the country. The cache statements “Children are supremely important national asset” [i] and the greatest gift of humanity, [ii] in the present scenario and on ground level realities appear hollow. The children in India require double sided protection. The action is required on two fronts. Firstly, by preventing and arresting the increase in number of the juvenile delinquency, and secondly by giving the delinquent child or a juvenile in conflict with law proper opportunity to reform himself and join the mainstream of the society. Juvenile delinquency is difficult to be defined as to its behavioural connotations.

There is difference of opinion given by the various authorities in the field and also in the type of offences and behaviour which is included in the juvenile delinquency. The concept of juvenile justice was derived from a belief that the problem of juvenile delinquency and related problem of youth in abnormal situations are not only amenable to the resolution within the framework of the traditional process of criminal law. The juvenile justice systems have been designed to respond to the needs of young offenders. One principle role has been to provide specialized preventive and treatment services for children and young persons as a means of secondary preventions, rehabilitations and improved socialization.

State’s responsibility of Welfare of the children, with the passage of time has shifted to the social organizations and certain philanthropic bodies. To make the people aware of the right of child, United Nations Organization declared 1979 as “International Year of the Child” issuing a general appeal to all the nations to review their programmes for the well being of the children and to mobilize support for programmes according to the countries conditions, needs and priorities.

If we can control juvenile delinquency we shall be controlling and checking the future criminals in making an open admitted fact is that tendency among young people to commit crime and indulge in anti social activities is increasing. The future, development and stability of a society depend on the quality of its children. Child welfare is of supreme importance to mankind. Children are the most venerable group in any population and in need of the greatest social care. On account of their venerability and dependence they can be exploited, ill-treated and directed into undesirable channels by anti-social element in the community. The state has to difference of affording proper care and protection to children at all times. [iii]

JUVENILE JUSTICE ACT: AN OVERVIEW

The Juvenile Justice (Care and Protection of Children) Act, 2000 is the primary legal framework for  juvenile  justice in India. The Act provides for a special approach towards the prevention and treatment of  juvenile delinquency  and provides a framework for the protection, treatment and  rehabilitation  of children in the purview of the juvenile justice system. This law, brought in compliance of the 1989 UN  Convention on the Rights of the Child  (UNCRC), repealed the earlier Juvenile Justice Act of 1986 after India signed and ratified the UNCRC in 1992. This Act has been further amended in 2006 and 2010.

The Act is considered to be extremely progressive legislation and the Model Rules 2007 have further added to the effectiveness of this welfare legislation. However, the implementation is a very serious concern even in 2013 and the  Supreme Court of India  is constantly looking into the implementation of this law in  Sampurna Behrua V. Union of India  and  Bachpan Bachao Andolan V. Union of India . In addition to the Supreme Court, the  Bombay  and  Allahabad High Courts  are also monitoring implementation of the Act in judicial proceedings. In order to upgrade the Juvenile Justice Administration System, the Government of India launched the  Integrated Child Protection Scheme  (ICPS) in 2009-10 whereby financial allocations have been increased and various existing schemes have been merged under one scheme.

Introduction to the Act:

This is an act which aims to:

• a)      Consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection (Replace Juvenile justice Act, 1986)
• b)      Provide for proper care, protection, treatment and cater to their development needs
• c)       Provide a child-friendly approach keeping their best interest in mind while dealing with them

This act sources it’s principles / has it’s foundations in:

• a)      The Constitution of India: Article 15(e), 39 (e) & (f), 45 , 47
• b)      United Nations Convention on Rights of the Child (UNCRC), 1989 (Ratified by India in 1992 (with a reservation on child labour eradication alone))
• c)       United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (Beijing Rules)
• d)      United Nations Rules for the Protection of Juveniles Deprived of their Liberty, 1990

About Juvenile in conflict with law:

• Sec 2(l): A Juvenile in conflict with law is defined as one who is below 18 years of age as on the date of commission of the offence.

About juvenile justice board and it’s functioning:

• Sec 4(1): A Juvenile Justice Board (or more than one) has to be established in every district in the country in 1 year (i.e. by 2007)
• Sec 4(2): At least, 1 woman should be there among the 3 members of the board
• Sec 4(3): The Judicial Magistrate (JM) or the Metropolitan Magistrate (MM) should have special knowledge or have received training on child psychology / child welfare & the two social workers on the board should have at least 7 years of active experience working towards issues of children.
• Sec 4(5)(iii): Members shall be disqualified if they do not attend continuously for 3 months or if overall attendance in a year is less than 75%.
• Sec 5(1) & Rule 9(3): juvenile justice board should meet on every working day of a week unless cases are less and such a specific order exists to that effect.
• Rule 9(5): every juvenile justice board session should be at least for 5 hours
• Sec 5(2): In case the board is not sitting, a juvenile allegedly in conflict with law can be produced in front of any single member of the board.
• Sec 5(3): Final disposal of a case in the juvenile justice board requires at least the JM / MM and one social worker to be present
• Sec 6(1): Juvenile justice board is the single exclusive authority for cases of juvenile in conflict with law
• Sec 6(2): A Session’s court or a High court can take appeals or revisions against a juvenile justice board order and exercise the powers conferred on the juvenile justice board by this Act.
• Sec 7: In case, any case relating to a juvenile allegedly in conflict with law comes up in a court, the court shall redirect the same to the juvenile justice board.

About institutions for juvenile in conflict with law:

• Sec 8(1): observation homes are to be established in each district or group of districts for temporary reception of juvenile allegedly in conflict with law during pendency of inquiry.
• Preliminary inquiry
• Classification based on age (7-12, 12-16 &16-18), considering physical / mental health and degree of offence
• Sec 9(1): Special homes are to be established in each district or group of districts for reception and rehabilitation of JICWL which implies that orders have already been passed by a juvenile justice board in such cases.
• Sec 9(4): The juveniles shall be classified based on age, considering physical / mental health and nature of offence.

About process relating to juvenile allegedly in conflict with law:

• Sec 10(1): No juvenile for any reason can be lodged in a police lock-up or in jail.

JUVENILES: WHO ARE THEY?

A “Juvenile” or “Child” means a person who has not completed eighteen years of age.

According to International Law, a ‘Child’ means every human being below the age of 18 years. Today this is a universally accepted definition of a child which comes from the United Nations Convention on the Rights of the Child (UNCRC).

Under the Indian Laws,

Section 2 (k) of the Juvenile Justice (Care and Protection of Children) Act,2000 defines “juvenile” or “Child” as a person who has not completed eighteenth year of age.

Definitions of Juvenile/Child under various national legislations:

• Child Labor (Prohibition and Regulation) Act, 1986.

Section 2 (ii), “Child” means a person who has not completed the age of 14 years.

• Child Marriage Restraint Act, 1929.

Section 2 (a), “Child” means a person who, if a male, has not completed twenty one years of age, and if a female, has not completed eighteen years of age.

• Immoral Traffic (Prevention) Act, 1956.

Section 2 (a), “Child” means a person who has not completed the age of sixteen years.

Children/Juveniles need care and protection?(CCNP)

According to Section 2 (d) of Juvenile Justice Act, a child in needs of care and protection means:

• child who is found without any home or settled place or abode and without any ostensible means of subsistence.
• Child who is found begging or who is either a street child or a working child.
• Child who resides with a person, whether a guardian of the child or not, and such person has threatened to kill or injure the child or abused and there is a reasonable likelihood of the threat being carried out or has killed, abused or neglected some other child or children and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person.
• Child who is mentally or physically challenged or children suffering from terminal or incurable disease having no one to support or look after.
• Child who has a parent or guardian, such parent or guardian is unfit or incapacitated to exercise control over the child.
• Child who does not have parents and no one is willing to take care of or whose parents have abandoned him or who is missing or run away child and whose parents cannot be found after reasonable inquiry.
• Child who is being grossly abused, tortured or exploited for the purpose of sexual abuse or illegal acts.
• Child who is found vulnerable and is likely to be inducted into drug abuse or trafficking.
• Child who is being or is likely to be abused for unconscionable gain.
• Child who is a victim of any armed conflict civil commotion or natural calamity.

Juvenile/Child in conflict with law?(JICL)

Section 2 (l) of the Juvenile Justice Act, 2000 has defined “juvenile in conflict with law” as a juvenile who is alleged to have committed an offence and has not completed eighteenth year of age as on the date of commission of such offence. [iv]

JUVENILE DELINQUENCY

Juvenile can be defined as a child who has not attained a certain age at which he, like an adult person under the law of the land, can be held liable for his criminal acts. Delinquency is a kind of abnormality. When an individual deviates from the course of normal social life his behaviour is called ‘Delinquenct’. When a juvenile, below an age specified under a statute exhibits behaviour which may prove to be dangerous to society and / or for him, he may be called a Juvenile delinquent. Juvenile delinquents are those offenders including boys and girls who are under 18 years of age. A Juvenile delinquent is a young person incorrigible or habitually disobedient.

Act of delinquency may include: Running away from home without the permission of parents, Habitual behavior beyond the control of parents, Spending time idly beyond limits, Use of vulgar languages, Wandering about rail roads, streets market places, Visiting gambling centre ,Committing sexual offences, Shop-lifting, Stealing etc.

A grave problem such as juvenile delinquency can’t he solved by means of legislation and government efforts alone. As far as India is concerned in many of the states Children Acts have not been effectively enforced. Some of these Acts themselves have defects. Official machinery is not effectively used for controlling this problem. Government as well as private agencies must work hand in hand with all sincerity and seriousness to find on effective remedy for the problem of juvenile delinquency.

The first legislation on juvenile justice in India came in 1850 with the Apprentice Act which required that children between the ages of 10-18 convicted in courts to be provided vocational training as part of their rehabilitation process. This act was transplanted by the Reformatory Schools Act, 1897 and later came The Children Act of 1960. The Juvenile Justice Act, 1986 was the primary legal framework for juvenile justice in India. The Act provided for a special approach towards the prevention and treatment of juvenile delinquency and also provided a framework for the protection, treatment and rehabilitation of children in the purview of the juvenile justice system. The law replaced the Children Act, 1960.

Juvenile Justice Act, 1986 was applied uniformly throughout India except state of Jammu and Kashmir. Prior to this law each state had its own enactment on juvenile justice with there being differences in the way juveniles were treated by different state legal systems. In a landmark step, the Government of India, repealing the juvenile justice Act 1986, introduced juvenile justice (Care and Protection of Children) Act in 2000 and further, amended , it in 2006, so as to make it responsive to the emerging needs in the tiled of juvenile justice, and making it, compatible with UNCRC standards. The Juvenile Justice Act, 2000 aims at consolidating and amending laws relating to juveniles in conflict with law, and children in need of care and protection by providing proper care, protection and treatment by catering to their developmental needs, by adopting child friendly approach in adjudication and disposition of matters in the best interest of children, and for their rehabilitation through various institutional mechanisms established.

The concept of juvenile justice was derived from a belief that the problems of juvenile delinquency and youth in abnormal situations are not amenable to resolution within the framework of the traditional processes of criminal law. The term ‘juvenile justice’ has been given different meanings in different contexts.

The juvenile justice system thus performs the welfare cum criminal justice functions, in this duality of its roles; the system strives to achieve explicit social goals such as the provision of minimum standards of child care. The system also functions to safeguard the right of children as per the United Nations Declaration of the Rights of the child.

The central functions of the juvenile justice system are: to provide for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of matters relating to, and disposition of delinquent juveniles in the light of the avowed policy of providing opportunities to such Children to become useful citizens for any country.

Crime and the Treatment of Offenders identified three models of juvenile justice system on the basis of contemporary approaches to dealing with juvenile offenders namely; The due procedural model, The social welfare model, and The participatory process model.

The juvenile justice movement appears to have owed more to the slowly changing conceptions of childhood which came to maturity during the seventeenth and eighteenth century. The concern for the children had grown during the nineteenth century on account of the recognition of special needs of children. By the end of nineteenth century these ideas were firmly backed by legislation, and thus courts for children were required to be set up to give expression to humanitarian beliefs.

The present Juvenile Justice legislation in India has tried to move out of the derogatory nomenclature and introduced the concept of ‘children in conflict with law’ and ‘children in need of care and protection’.

There are many theories of juvenile delinquency. Some are: Biogenic Theory, Psychogenic Theory, Psychoanalytical and Psychiatric Theory, Medico-Biological Theory, The classical Theory, Multi-causal Theory

There are mainly following causes in juvenile delinquency: Biological, Socio Environmental, Psychological., Physiological or Personal. A few other causes of delinquency [v] may also be mentioned as Bad Company, Adolescent instability and impulses, Early sex experiences, Mental conflicts, Excessive social suggestibility, Love of adventure, Motion pictures, School dissatisfaction, Poor recreation, Street life, Vocational dissatisfaction, Sudden impulses, Physical condition.

There are various programmes and strategies which may be undertaken to control and prevent juvenile delinquency. Broadly the programmes can be categorised under two heads Individual Programme and Environmental programme.

Police has also important role to play to control juvenile delinquency. There are following major areas of police dealing with Juvenile namely; Discovery, Investigation of Delinquency, Case disposition, Protection of juveniles, and Delinquency prevention.

The approach of the Supreme Court towards juvenile has been very liberal. It was way back in 1977, when Supreme Court in a case [vi] held that penalty of death should not be imposed on a person below 18 years of age. Borstal Acts and Reformatory Schools Acts had the children guilty of offence punishable with death or life imprisonment in their focus. Though the judicial opinion was not uniform on the issue when these Acts could apply to such children [vii] . The Supreme Court with a view to advance the cause of justice has allowed the plea of juvenility being raised for the first time before it [viii] . In Pratap Singh vs. State of Jharkhand and another [ix] , the Supreme Court had to decide on conflicting views expressed in Arnit Dass and Umesh Chandra’s case(supra). The Constitution Bench of Supreme Court to which the matter was referred overruling the decision in Arnit Dass’s case upheld and re-affirmed its view taken in Umesh Chandra’s case holding that the relevant date for determination of age of juvenile is the date of an offence and not date of his production before the court. The Supreme Court and the High Courts have lent in favour of jurisdiction of the Board in preference to the jurisdiction of any other court.

Regarding apprehension and production of the juvenile also the Supreme Court has been very sensitive. In Sheeela Barse and Anr. (I) v. Union of India [1] , the Supreme Court directed the District Judges in the country to nominate the Chief Judicial Magistrate or any other Judicial Magistrate to visit there respective jails and ascertain how many children below 16 years of age were confined and what were the charges against them.

CONCLUSION AND SUGGESTIONS

The  Ministry of Women and Child Development  started contemplating bringing several desired amendments in 2011 and a process of consultation with various stake holders was initiated. A draft Bill in this regard was prepared and was pending before the  Ministry of Law and Justice  for scrutiny and was put up on the official website of Ministry of Women & Child Development in June 2014 for public inputs. The  Delhi gang rape case  in December 2012 had tremendous impact on public perception of the Act. Contrary to the reality, Media highlighted that the juvenile allegedly involved in this case was the “Most Brutal” of all accused persons. Eight  writ petitions  alleging the Act and its several provisions to be unconstitutional were heard by the Supreme Court of India in the second week of July 2013 and were dismissed, holding the Act to be constitutional. Demands for a reduction of the age of juveniles from 18 to 16 years were also turned down by the Supreme Court, when the  Union of India  stated that there is no proposal to reduce the age of a juvenile.

Many experts and activists viewed post December 2012 Delhi Gang Rape responses as creation of media sensationalisation of the issue, and cautioned against any regressive move to disturb the momentum of Juvenile Justice Legislation in the Country. However some sections in the society felt that in view of terrorism and other serious offences, Juvenile Justice Act of 2000 needed to be amended to include punitive approaches in the existing Juvenile Justice Law, which so far is purely rehabilitative and reformative. In July 2014, Indian Express reported that Pakistan-based terrorist organization  Lashkar-e-Toiba  had asked its members to declare their age to be below 18 years. This would ensure that they are tried under the Juvenile Justice Act instead of the  Indian Penal Code  (IPC). The maximum punishment under the Act is three years.

  Edited by Kanchi Kaushik

[i] Laxmikant Pandey vs. Union of India , 1984(2) SC 244, 249

[ii] Bandhua Mukti Morcha vs. Union of India (1997) 10 SC 551-553

[iii] See, the Object and Reasons Appended to the Children Act, 1960.

[iv] http://dpjju.com/index.php?option=com_content&view=article&id=52&Itemid=11

[v] Healy and Bronner. “A Delinquent & Criminals’ – Their making and unmaking p. 179.

[vi] Raisul v State of UP , AIR 1977 (SC) 1822.

[vii] AIR 1965 (MP) 122, AIR 1937 (Nag) to 74 (DB) 1968 Crl.L J. 1178,1961, Mad. L J (Crl.) 705)

[viii] Gopinath Ghosh v. State of West Bengal , 1984 Cri. L.J. 168 (SC) JT 2005(2) SC 271

[ix] (1986) 3 SCC 596

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• IAS Preparation
• UPSC Preparation Strategy
• Juvenile Justice Act

Juvenile Justice Act - UPSC Polity Notes

The Juvenile Justice Act (JJA) pertains to provisions for children found in conflict with the law in India. It also gives provisions for children in need of care and protection.

The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2018 had been introduced in the Lok Sabha. Its aim is the amendment of the Juvenile Justice (Care and Protection of Children) Act, 2015. This is important legislation in India that is also relevant for the GS Paper-II of the IAS exam .

Table of Contents:

Juvenile Justice (Care and Protection of Children) Amendment Bill, 2015

Salient Provisions of the JJA, 2015

The JJA, 2015 replaced the Juvenile Justice Act, 2000.

Given below are a few salient points about the Juvenile Justice Act:

Reasons for amending the 2000 Act:

• The government amended the existing law dealing with children in conflict with the law citing implementational issues and procedural delays with adoption, etc. 
• The government also cited figures from the National Crime Records Bureau to show that there had been a hike in the number of juveniles committing crimes, particularly in the age bracket of 16 to 18 years.
• In the 2000 Act, there was no distinction between children in conflict with the law and children in need of care and protection. The amended act changed that.
• The 2000 Act also did not have provisions for the reporting of abandoned or lost children to the appropriate authorities, in order to ensure their protection and care.
• The amendment in the 2000 law came about because of public outrage at the infamous Delhi gang-rape case (Nirbhaya Case) in 2012. One of the offenders in the case was a 17-year-old.
• The legislation strives to achieve a balance between child rights and justice by not sentencing juveniles to the death sentence and life imprisonment.

History of Legislation Concerning Children in Conflict with the Law

• The Apprentices Act, 1850, was the first law enacted in India dealing with children in conflict with the law. This law allowed the courts to treat children who had committed petty crimes as apprentices instead of sending them to prisons.
• The second law that dealt with juvenile offenders was the Reformatory Schools Act, 1876.
• The Indian Jails Committee (1919-20) also made some recommendations with regard to children in conflict with the law.
• In 1960, the Children Act was passed to provide for the care, maintenance, protection, welfare, education, training, trial and rehabilitation of neglected and delinquent children.
• The Juvenile Justice Act, 1986: This was the first central law on juvenile justice that provided a uniform law for the whole country in this respect.
• In 1992, the government of India ratified the  United Nations Convention on the Rights of the Child which made it expedient to have a law that conformed to the standards of the Convention.
• Hence, the JJA, 1986 was repealed and the Juvenile Justice (Care and Protection of Children) Act, 2000 was enacted.

Juvenile Justice Act Features

The JJA, 2015 introduced many changes to the existing law based on the requirements of the day in terms of reforming the laws and making the juvenile justice system more responsive to the changing circumstances of society. The Act seeks to hold the child accused of crime accountable, not through punishments, but through counselling.

• The Act amended in 2015 changed the nomenclature of ‘juvenile’ to ‘child’ and ‘child in conflict with the law’.
• The Act defines orphaned, surrendered and abandoned children.
• A heinous offence is one that attracts a maximum punishment of 7 years imprisonment under any existing law.
• A serious offence is one that attracts imprisonment of 3 to 7 years.
• A petty offence is one that attracts a maximum of 3 years imprisonment.
• This is a judiciary body before which children detained or accused of a crime are brought. 
• This acts as a separate court for juveniles since they are not to be taken to a regular criminal court. 
• The Board comprises a judicial magistrate of the first class and two social workers, one of whom at least should be a woman. 
• The Board is meant to be a child-friendly place and not intimidating for the child.
• The State Governments set up these committees in districts in accordance with the provisions of the Act.
• The Committees have the power to dispose of cases for the care, protection, treatment, development and rehabilitation of children in need of care and protection, as well as to provide for their basic needs and protection.
• The Act provides for an efficient and organized system for the adoption of orphaned, surrendered and abandoned children.
• It also makes it compulsory for all childcare institutions to be registered.
• An important provision of the amended Act is that it provides for minors in the age group 16 – 18 years to be treated as adults in the case of heinous crimes.
• The Act also gives the Central Adoption Resource Authority (CARA) statutory status.
• The Act distinguishes between children in conflict with the law and children in need of care and protection. 
• Under the previous Act, any minor, regardless of the crime committed, could be convicted only to a maximum of 3 years. Under no circumstances could the minor be tried in an adult court or sent to an adult jail, or given a penalty longer than 3 years. However, this changed with the 2015 amendment. All children below the age of 18 would be treated equally except for one departure from the norm. That is, in the case of heinous crimes. Any minor of the age group 16 – 18 and who has been accused of committing a heinous crime can be tried like an adult. For this, the Juvenile Justice Board would assess the child’s physical and mental capacities, his/her ability to comprehend the consequences of the crime, etc. and determine whether the child can be treated as an adult.

Given below are links to other important Acts, policies, organisations and initiatives taken for the welfare of children. UPSC aspirants can refer to the links below for exam preparation:

Who is a Juvenile?

As per law, a juvenile is any individual below the age of 18.

• According to laws in India, any child below the age of 7 cannot be convicted under any law for any crime.
• Under earlier laws, the distinction between children in conflict with the law and children in need of care and protection was vague, as both were termed juveniles.
• In the amended law (2015 Act), the terms are ‘children in conflict with the law’ and ‘children in need of care and protection’; so that the distinction is clear.

Juvenile Justice Act, 2015 – Positives

There are many positives in the 2015 JJA. It was enacted to correct the deficiencies in the previous legislation. Some of the important benefits of this Act are:

• There is a clear distinction between children in conflict with the law and children in need of protection and care.
• It makes the registration of all children’s homes mandatory, bringing in more transparency and efficiency in the system.
• It seeks to reduce crimes committed by children between the ages of 16 and 18.
• By including the provision for 16 to 18-year-olds to be tried like adults in case of heinous crimes, it provides justice to the victims of such crimes.

Juvenile Justice Act, 2015 – Negatives

The amended JJA also has certain negatives associated with it. Some of the problems in the law are discussed below.

• Many psychological studies point out the vulnerability of the 16 – 18 age group children because of hormonal and physical changes. Considering offences committed in this age as crimes and putting them in adult jails can cause further damage. In such environs, the minor will come into close contact with professional criminals, which can hamper their rehabilitation.
• Some opine that treating minors between 16 and 18 years differently is a violation of Article 14 of the Constitution, which guarantees every citizen the right to equality .
• India ratified the UN Convention on the Rights of the Child in 1992. According to this Convention, any individual below the age of 18 is to be treated like a child. This is in contravention of the amended law that gives provisions for treating 16 – 18 year-olds like adults.
• A psychological assessment is to be made to assess whether the minor can be treated as an adult or not. However, this can be subjective and not entirely scientific.
• The argument to include 16 – 18-year-old minors in a special bracket was based on the data from the National Crime Records Bureau (NCRB). This data is itself questioned by many, and also, many of the cases were in the FIR stage and under preliminary proceedings only.
• Most children who commit crimes are from the economically weaker sections of society. In order to reduce crime among children, there is a need to provide a better environment for the nurture of children who grow up in slum areas. Also, there is a need to foster a culture of open communication between parents and children among all classes.

Prevention is better than cure. There is a need to ensure that children do not turn to crime at all, in the first place. Also, minors who do get into crime should be held accountable depending on the circumstances. Rehabilitation is of utmost importance to prevent children in conflict with the law from becoming future liabilities to society.

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Juvenile Justice Act – Indian Polity:- Download PDF Here

UPSC Questions related to Juvenile Justice Act

Who is a child under the juvenile justice act.

Any individual under the age of 18 is a child.

Can a 6-year-old go to jail?

In India, No. In addition, as per Section 83 of the IPC, “Nothing is an offence which is done by a child who is above 7 years of age and under 12 who has not attained the sufficient maturity of understanding in order to judge the nature and consequence of his act on that particular occasion.”

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The Juvenile Justice (Care and Protection of Children) Act, 2015

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OJJDP FY24 Byrne Discretionary Community Project Grants/Byrne Discretionary Grants Program - Invited to Apply

Download PDF, 337.39 KB

With this solicitation, OJJDP seeks to support projects designated for funding in the Consolidated Appropriations Act, 2024 (Public Law No. 118–42) to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation).

This funding is for discretionary grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than for compensation). Funding shall be used for the OJP-Byrne projects, and in the amounts specified in the table titled ‘‘Community Project Funding/Congressionally Directed Spending’’ included in the explanatory statement, which is incorporated by reference into Public Law No. 118–42. Note that this solicitation is only for OJP-Byrne projects to be administered by OJJDP. Separate solicitations will be open and invitations sent for projects to be administered by OJP’s Bureau of Justice Assistance (BJA), National Institute of Justice (NIJ), and Office for Victims of Crime (OVC).

Eligibility

OJJDP sent an invitation to apply to all eligible recipients, which are limited to those identified in the Congressional Joint Explanatory Statement (JES) for the projects designated for funding in the Consolidated Appropriations Act, 2024 . A list of the projects designated for funding in FY24 can be found here: FY24 Appropriations . The legal name (or “doing business as” name) associated with the applicant’s unique entity identifier (UEI) as registered in the System for Award Management (SAM) must coincide with the recipient listed in the JES.  

 Solicitation Webinar

On April 30, 2024, at 1 p.m. ET, Bureau of Justice Assistance personnel will hold a webinar to provide a detailed overview of this solicitation and allow interested applicants to ask questions. Register to participate .

Supplemental Information

• April 30, 2024 Solicitation Webinar

Similar Opportunities

• OJJDP FY24 Mentoring Programs for Youth in the Juvenile Justice System
• OJJDP FY24 Emergency Planning Demonstration Program for Juvenile Justice Residential Facilities
• OJJDP FY24 Second Chance Act Addressing the Needs of Incarcerated Parents and Their Minor Children

An official website of the United States government, Department of Justice.

Here's how you know

Official websites use .gov A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS A lock ( Lock A locked padlock ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

OVC FY24 Byrne Discretionary Community Project Grants/Byrne Discretionary Grants Program - Invited to Apply

Download PDF, 274.12 KB

OVC seeks applications to support projects designated for funding in the Consolidated Appropriations Act, 2024 (Public Law 118-42) to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation).

Eligible Applicants

OVC sent an invitation to apply to all eligible recipients, which are limited to those identified in the Congressional Joint Explanatory Statement (JES) for the projects designated for funding in the Consolidated Appropriations Act, 2024 . A list of the projects designated for funding in FY24 can be found here: FY24 Appropriations . The legal name (or “doing business as” name) associated with the applicant’s unique entity identifier (UEI) as registered in the System of Award Management (SAM) must coincide with the recipient listed in the JES.

Application Mechanics Weekly Webinars

We encourage all potential applicants to register for the weekly “Application Mechanics: Submitting an Application Weekly Training Webinar,” held every Wednesday from 2:30 to 4:30 p.m., eastern time. Visit the JustGrants Resources website to learn more and register. Participation in these webinars is optional.

Similar Opportunities

• OVC FY24 Tribal Victim Services Set-Aside Formula Program—Invited to Apply
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