An Overview On The Juvenile Justice System in India
An Overview On The Juvenile Justice System in India
An Overview On The Juvenile Justice System in India
SUBMITTED BY
ANGIRA PANDA
This project would not have been completed without the combined effort of my teacher, Mrs.
AMRITAA DUTTA, Assistant Professor-in-Law, Haldia Law College whose support and guidance was
the driving force to successfully complete this project. I express my heartfelt gratitude to him.
I am also thankful to Dr. P. k. Sahoo (Principal) and other faculty members for their
encouragement, support and inspiration both for completion of this work and for the course
study. I am equally thankful to Mr. Samir Kumar Panda (Librarian) and other staff of the
College.
I would also like to extend my gratitude to my parents and all those unseen hands who
helped me out at every stage of my project.
ANGIRA PANDA
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DECLARATION
I am ANGIRA PANDA this project report is my original work and have not been submitted in
any form as a part of any other project.
Information derived from the published and unpublished work of other has been
acknowledgement in the list references in given in the bibliography.
ANGIRA PANDA Place:Haldia Law College Signature
Date: 25/09/2020
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CERTIFICATE
This is to certify that the project on the topic “AN OVERVIEW ON THE JUVENILE JUSTICE
SYSTEM IN INDIA”
Submitted by
During 9th Semester of the B.A.LL.B course on Haldia Law College, under my guidance and
have been completed it successfully.
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CONTENTS
P.G. NO
CHAPTER -1
1.1. Introduction
…………………………………………………………………………………………………
…….06 1.2. History of juvenile justice in
India………………………………………………………………………..06 1.3. Juvenile
justice in
India……………………………………………………………………………………….06-0
7 1.4. Juvenile justice (care and protection of children) act, 2000
…………………………………07 1.5. Juvenile justice (care and protection of children)
act, 2015………………………………...07-08 1.6. Definition of a
juvenile……………………………………………………………………………………….0
8 1.7. Definitions of delinquency
…………………………………………………………………………………08 1.8. Who is
a
juvenile…………………………………………………………………………………………
……..08-09 CHAPTER -2
2.1. Juvenile crimes in India and the law
……………………………………………………………………10 2.2. The causes of
juvenile delinquency………………………………………………………………………10
2.3. Children in conflict with
law………………………………………………………………………………..10-11 2.4.
Constitutional
Provisions…………………………………………………………………………………....11
CHAPTER- 3
3.1. Judicial response
……………………………………………………………………………………………….
..12 CHAPTER-4
4.1.
Suggestions………………………………………………………………………………………
……………….13-14 4.2.
Conclusion………………………………………………………………………………………
……………………14 CHAPTER-5
5.1. Bibliography
………………………………………………………………………………………………………
…15
5
CHAPTER -1
1.1. Introduction
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
person’s 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 programmers for the wellbeing of the children and to mobilize support for programmers
according to the countries conditions, needs and priorities.
There is difference of opinion given by the various authorities in the field and also in the type of offences
and behavior 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 people as a means of secondary preventions, rehabilitations and improved
socialization.
The juvenile justice is one of the step taken by the state so as to attain constitutional vision of India
pertaining care and welfare of children. The provisions of constitution which grants the special status to
the children Article 15(3), 24, 39(e) & (f) and 45, National policy for children 1974, 2013, declare that
children are national asset. Further through constitutional directions many other laws and statutory
provisions have been enacted to protect the rights of children like RTE 2009, child labor prohibition act
1986, JJ act 1986, later JJ(C&P) Act 2000
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Historical development of juvenile justice in India can be International Journal of Law 24 divided into six
phases through reference of treatment of children, legislative developments, judicial Intervention and
other government policies. Prior to 1773, 1773-1850, 1850- 1950, 1950-2000, 2001-2010 Year 1773 was
a benchmark in the Indian legal system as Regulating Act of 1773 granted East India companies the
power to make and enforce laws, the Charter Act of 1833 changed commercialization of company into a
governing body. Between 1773 -1850 many committees were established focusing on children’s in jails,
first law was made in 1850 to keep juveniles out of jails later the Report on All India Jail committee 1919-
1920 segregated children from criminal justice system.
However, due to the absence of a national consensus on the time frame for such a restructuring, the
steps taken by most of the State Governments were still heavily short of the proclaimed goals. The
inadequacy of the juvenile justice personnel, in terms of both quantity and quality continues to be the
weakest part of the operational strategy. In order to rationalize and standardize the approach towards
juvenile justice in keeping with the relevant provisions of the Constitution of India and International
obligations in this regard, the Juvenile Justice (Care and Protection of the Children) Act, 2000 was
(re)enacted by the government of India. The Interim Report of the Working Group of Ministry of Social
Justice and Empowerment (2001-· 02) has drawn attention to some additional inputs incorporated
under the Juvenile Justice (Care and Protection of Children) Act, 2000. The Act with all additional inputs
has been enforced since April 1, 2001, to deal with the children within its purview. The upper age limit of
the children within the purview of the law has been raised. The upper age limit of the boys has been
increased from 16 to 18 years, which would increase the actual coverage by seven times. It was then
mandatory to constitute a ‘National Level Advisory Board’ on juvenile justice, to advice the Central and
State Governments as well as the Voluntary Organizations associated with this work.
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Section 15 of JJ Act, 2000 as per our law for juveniles. The principal ought to have been followed for
trying juvenile offenders is that Juvenility should be decided as per the state of mind and not just the
state of body. In the recent Nirbhaya rape case all the other coaccused are awarded death sentence but
the person who committed the most brutal part of the case has been awarded a mere 3 years of remand
as per JJ Act, 2000 .
In the light of above incident, the bill was introduced in the parliament by Maneka Gandhi on 12th
August 2014. The bill adopts several new features which were missing in the earlier act like it adopts the
concept of Hague convention and cooperation in respect of Inter-country Adoption, 1993. The bill also
seeks to make adoption process of orphaned, abandoned and surrendered children more streamlined.
One of the most criticized step in the new juvenile justice bill 2015 is introduction of “judicial waiver
system” which will allow treatment of juveniles in certain conditions, in the adult criminal justice system
and to punish them as adults. Juvenile Justice Boards (JJB) and Child will be constituted in each district.
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immature. Sometimes the term “child” is also interchangeably used for the term “juvenile”. A juvenile
can be defined as a child who has not attained a certain age at which he can be held liable for his
criminal acts like an adult person under the law of the country. Juvenile is a child who is alleged to have
committed certain acts or omissions which are in violation of any law and are declared to be an offence.
In terms of law, a juvenile is a person who has not attained the age of eighteen years. It has a legal
significance. As per the Juvenile Justice (Care and Protection) Act, 2015, a juvenile shall not be treated as
an adult even if he/she is involved in any criminal acts for the purpose of trial and punishment in the
court of law.
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CHAPTER -2
2.1. Juvenile crimes in India and the law
Youngsters are thought to be blessings from God and are most prominent individual and in addition
national resources. We as people, guardians, watchmen and society in general have an obligation that
youngsters ought to be permitted and given chance to experience childhood in a solid socio-social
condition with the goal that they could wind up mindful residents, physically fit, rationally alarm and
ethically sound. It is the obligation of the State to give level with chances to advancement to all kids amid
the time of their development which would diminish imbalance and guarantee social equity. Kids are
required to be submissive, deferential and have ethics and great quality in them.
Notwithstanding, because of different reasons certain level of kids don't take after settled social and
legitimate decree. Such youngsters are frequently than not get engaged with criminal conduct which is
known as adolescent wrongdoing or adolescent wrongdoing. Wrongdoing by adolescents is an
unforgiving reality in India. Lately adolescents were observed to be associated with most egregious of
the wrongdoings, for example, murder and posse assault. It's an aggravating pattern and society overall
is anguished by such criminal acts by youngsters. Numerous specialists trust that the present law is
insufficient to manage the circumstance and we require changes in it so that for horrifying wrongdoings
adolescents may likewise be attempted and rebuffed as grown-up.
The Place of Safety will have isolate course of action and offices for under trial kids and indicted
youngsters. The Juvenile Justice Board will direct consistent review of prisons implied for grown-ups to
check if any kid is held up in such correctional facilites and take quick measures for exchange of such a
youngster to the Observation Home [Section 8 (3) (m)]. The preparatory evaluation by the Juvenile
Justice Board is to be directed inside three months previously exchanging the case to the Children's
Court. The Act orders that on the off chance that the youngster is attempted as a grown-up by the
Children's Court,
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it might guarantee that the last request incorporates an individual nurture the restoration of tyke,
including follow up by the post-trial agent or the District Child Protection Unit or a social laborer.
The Children's Court should guarantee that the tyke is kept set up of wellbeing till he accomplishes the
age of twenty - one years. When he accomplishes the age and the term is as yet pending, the Children's
court should assess whether he should be exchanged to imprison or on the off chance that he has
experienced reformative changes and could be saved detainment. The Act puts an entire ban on the
death penalty or life detainment without the likelihood of discharge for the kid guilty parties who come
to be dealt with as grown-ups by the adolescent equity organization. The choice whether the kid is to be
discharged or sent to imprison subsequent to accomplishing the age of 21 years will be taken by the
Children's Court.
Part III and Part IV of the constitution of India which deal with “Fundamental Rights” and “Directive
Principles of State Policy” respectively and contain special provisions with respect to care and protection
of the children.
Article 15 (3): It allows the State to make special provisions for children and women.
Article 21-A: The state shall provide free and compulsory education to all children of the age of six to
fourteen years.
Article 23: Prohibits the traffic in human beings and forced labour.
Article 24: Prohibits the employment of children below and the age of fourteen years in factories, mines
and other hazardous employments.
Article 39(e): It directs the State to safeguard the tender age of children from entering into avocations
unsuited to their age or strength.
Article 39(f): Directs the State to give opportunities and facilities for the healthy development of
children and to protect childhood and youth against exploitation and moral and material abandonment.
Article 45: The State provides early childhood care and education to children below the age of six years.
Article 47: It is the duty of the state to raise level of nutrition and standard of living and to improve
health.
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CHAPTER- 3
3.1. Judicial response
This revolutionary interpretation given in the Mohini Jain Case came to be fortified by the Supreme
Court’s subsequent Constitution bench in the Unnikrishnan case . Unfortunately, the Unnikrishnancase
restricted the Right to Education to the primary education level and it was held that higher education
cannot be made a Fundamental Right. Article 45 providing for universal compulsory and free education
up to the age of 14 years has now become a fundamental right with a direct bearing on the status of the
child.
The Supreme Court in its decision in M.C. Mehta v. State of Tamil Nadu dealt with child labour working
in Match Industries at Sivakasi (Tamil Nadu) directed that children should not be employed in hazardous
jobs in factories for manufacture of match boxes and fireworks, and positive steps should be taken for
the welfare of such children as well as for improving the quality of their life. It is clear that we have miles
to go before total elimination of child labour becomes a possibility, although certain judgments of the
Supreme Court have been pathbreakers in the choosen direction. It is hoped that this compilation will be
useful guide for those who are connected with the eradication of child labour and also for persons who
want strict implementation of various legislations that were enacted for the benefit of children.
In Gaurav Jain v Union of India, the Supreme Court held that the children of the prostitutes have the
right to equality of opportunity, dignity, care, protection and rehabilitation so as to be part of the
mainstream of social life without any prestigma attached on them. The Court directed for the
constitution of a committee to formulate a scheme for the rehabilitation of such children and child
prostitutes and for its implementation and submission of periodical report of its Registry.
As guardians of the Constitution, the Hon‟ble Supreme Court of India has made remarkable contribution
towards protection of children. The role of the India Judiciary and the scope of judicial interpretation
have expanded remarkably in recent times, partly because of the tremendous growth of statutory
intervention in the present era. The activism of the Indian Supreme Court to protect the children from
various type of exploitation is commendable. Although the Supreme Court made laudable directions and
suggestions in many instances to protect basic rights of poor children, unfortunately these directions
and suggestions are not followed and implemented by the government machinery effectively. In this
regard, the performance of the Indian Judiciary stands out as a signal contribution to the
implementation of human rights generally and that of Child Rights in particular.
SheelaBarse v. Union of India a social worker had taken up the case of helpless children below age of 16
illegally detained in jails. She prayed for the release of such young children from jails, supply of
information as to the existence of juvenile courts, homes and schools and other necessary directions for
proper looking after of the children in custody.In the judgment, the Supreme Court observed that where
the court comes to a conclusion that the right to speedy trial of an accused has been infringed, the
charge or conviction, as the case may be, must be quashed. The court directed the state governments to
take steps for completing an investigation within three months in cases lodged against children. Further,
it directed the establishment of an adequate number of courts to expedite the trial of children detained
in various jails.
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CHAPTER-4
4.1. Suggestions
Based on our empirical observations and understanding the gravity of the problem being still obtained
in the society while some positive developments are taking place for the effective treatment of those
who unfortunately, due to situational contexts, or otherwise, become delinquents at the time when
they would need love and caress of their near and dear ones, and go to school and play with children to
develop their personality and prepare themselves for their futuristic life. In order to see the incidence of
juvenile delinquency is reduced over the years and society develops and stay free from the thick black
marks of this pathological situation, some suggestions for legislative reformulations, juvenile justice
delinquent’s administration policy and programmers to be evolved for development of children from
underclass categories are made here which may be of some consideration.
Parents should be aware of the psychology of delinquency so that they may treat and handle their
children with understanding and provide them an appropriate environment for the satisfaction of their
basic needs and urges. Parents should keep good relations with their children. The good habits and
moral values developed in early infancy leave permanent impressions on the behavior of adolescents.
Parents, family members and school authorities should keep a close watch on the activities and social
environment of the children and know the company of their children because peer group or friend circle
could lead an innocent child to become a juvenile delinquent.
The headmaster as well as the teachers should be familiar with the psychology of the students i.e. their
interest, motives, aptitude, attitudes, potentials etc. There should be parent-teacher association. The
teacher should report the behavior of the student if he finds it unwanted. The concept of adolescent
behavior and juvenile delinquency should be included in the school curriculum. The school should cater
to the physical, psychological and social needs of an adolescents through different co-curricular activities.
A feeling of future vocational security, positive attitude and sound moral values should inculcated in
them. The voluntary organizations/clubs should educate the localities regarding the harmful effects of
drugs and other substances. They should distribute pamphlets showing how anti-social acts destroyed
individuals.
Through radio and television, interview with the ex-delinquents including their brief life sketches to share
better experiences which will serve as an eye opener to other youths. Government run rehabilitation
centers should provide guidance and counseling with a very subsidized rate which can established to
attract the juvenile delinquents who could not afford to costly NGO run centers. Juvenile Justice
Administration has been the part of judicial processes in case of the juvenile delinquents. As it is the
child criminals are kept in Observation Homes during the course of their trial.
The Trial is conducted in the designated Juvenile Courts before specially nominated Judges. These two
institutions are located separately. For the Trial, the delinquent boy or girl, inmate of Observation Homes,
needs to be brought to the Juvenile Court on date and time as fixed. In the process the child is carried
through open community. Seeing others or feeling of being seen by others which the delinquent child to
not wish to have it for itself, it is better the Trial is conducted in the Observation Homes itself. That is our
suggestion here is to locate Juvenile Court well within the campus where Observation Home is located.
This serves the purpose of serving delinquent child from being affected psychologically. As it is the
Juvenile
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police to not wear uniform. The delinquent child would have developed some concept of it. In order to
not to make the child to get deferred by seeing the police in dress, it has been made mandatory to this
special category employee to not to wear dress. But same where there are problems creeping into the
whole processes. It needs to be debated discussed and decided to have appreciatively introduced to the
Juvenile police to have used the uniform selectively.
4.2. Conclusion
From the above discussion we can say that serious crimes like rape and murder also go unpunished with
the offender wearing the grab of juvenility. Juvenile crimes cannot be stopped only through the proper
implementation and amendments of Juvenile Justice Act. In order to reform the juvenile in conflict with
law, the juvenile system as a whole needs to be reformed first Adolescent violations can't be ceased just
through the best possible usage and alterations of Juvenile Justice Act. So as to change the adolescent in
struggle with law, the adolescent framework in general should be improved first. The rickety states of
perception homes and adolescent equity sheets should be tended to quickly.
The country must strike to give training, human services, sanitation and lodging to each youngster. Aside
from different laws administering kids, there exist numerous different issues at the grassroots level.
Government-supported kids' homes are regularly unfit to suit ignored kids. Kids are infrequently even
kept in prison. In this way, there is an issue in the execution of laws relating to youngsters and the
upkeep of kids' homes because of both an absence of consciousness of tyke rights and India's prospering
tyke populace.
Adolescent wrongdoings can't be ceased just through the correct execution and revisions of Juvenile
Justice Act. It is crucial to make mindful of common society about this sickness that exists in our wiped
out society. Adolescents associated with wrongdoings are not culprits, actually, they are casualties of
society. Adolescent wrongdoing can be ceased at a beginning period, if unique care is taken both at
home and in school. Guardians and instructors assume a huge part in sustaining the brain of a kid.
Rather than marking them as „criminals‟ or „delinquents‟-steps should be taken to give them an extent
of correction and it would be better if the mistakes in their lives (including social and mental) are
conveyed to their takes note. The issue of kid wrongdoing like numerous other social shades of malice is
connected up with the blemishes and maladjustment of our general public. The perfect is bit by bit
increasing more extensive acknowledgment that adolescent reprobate needs the sensitivity and
comprehension of our general public and not the overwhelming hand of the law.
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CHAPTER-5
5.1. Bibliography
BOOKS
1. Law Relating to Women and Children by Dr. S.C.Tripathi & Vibha Arora , Central Law
Publications (CLP) (1 January 2012
2. Law Relating to Women & Children by Dr. S. C. Tripathi , Central Law Publications (1
January 2017)
3. Law Relating to Women and Children by Mamta Rao , EASTERN BOOK COMPANY (1
January 2017
4. Law Relating to Women and Children by Prof. Dr. G.S. Sharma, Asia Law House (1 January
2015)
5. Women & Law With Law Relating To Children In India, by Manjula Batra, ALLAHABAD LAW
AGENCY (1 January 2012)
WEBSITES
1. http://law.yourdictionary.com/rehabilitation on 08-03-2018
2. http://www.lawyersclubindia.com/articles/Rehabilitaionof-Juvenile
Offenders-Steps-Implementations--5606.asp last visit 08-03-2018
4. https://www.syndicatepost.com/empowerment/causeseffects-of-peer
pressure last visit on 03/04/2018
5. http://www.unicef.org/crc
6. http://www.mondaq.com/india/x/273428/Crime/JUVENILE+JUSTICE+ACT+AM
ENDMENT+NEED+O F+HOUR.
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