This Article is written by Deepika Chaneja, a Fifth-Year Law Student of H.P.College Of Law, H.P.U

INTRODUCTION

Children are the building stone of a society; they are the future generation. This future generation must be in safe hands for a better future development of society at large. Those kids with poor upbringings fall into the trap of heinous acts and crimes. Lack of basic education or knowledge and morals in life can make them turn into evil beings. A child often travels in a diverse pathway different from their age group. The early exposure to the world makes them act or imitate like adults. For a better and developing society or nation, they must focus more on the child which is our upcoming generation. Children are the essence of a country’s future. For the past few years, there has been a surge in the crimes committed by children under the age of 15 to 18 years. There are also times when these young minds are influenced or manipulated to commit illegal acts and crimes. And many other factors which Many other factors lead this is previous lead to such behaviours as biological, social, and family problems, mental health, upbringing, etc., and as we know conviction of criminal offenders is an important act Under criminal justice.[1] No matter who, a criminal has to be punished for it by the court, and the same thing applies to children or minors. But those children won’t be finished like adults cause a special act has been introduced and all these minor offenders would be governed under the Juvenile Justice Act [care and Protection of Children] 2015. The purpose of introducing this act was to treat them as children only and not like adult offenders. And to have a main focus on rehabilitation and character development rather than giving harsh punishments, unless there is an exception. [2]

HISTORY OF DEVELOPMENT OF JUVENILE JUSTICE

The concept of juvenile justice has gone through evolutionary stages throughout its history. With time, development, and technology a lot of changes happen in the behaviours and lifestyle of children. Thus, there is a need for changes and amendments from time to time.

· Before 1773

There was no certain law as juvenile justice. But maintenance of children was all in personal Hindu and Muslim laws. However, Manusmriti and Hedaya provided a certain set of punishments to children for certain offenses.

· From 1773 - 1840

During this time the East India Company came up as a governing body and introduced legislation regarding children.

· From 1843 – 1950

With the objective of reformation of juvenile offenders arrested by police and encouragement of apprenticeship in the working class, ragged schools were established for orphan children in the year 1843.

· From 1950 – 1986

During the partition of the country in 1947, large riots and migration took place leaving so many children homeless. Then Child Bill 1953 was discussed. Later Indian parliament passed its Children Act in 1960 applicable in union territories only. After the Supreme Court notice the difference in children's acts in different states. Therefore, the Union of India was suggested by the Supreme Court to pass uniform legislation for children across the whole country.

· After 1986

This year the Juvenile Justice Act of eight 1986 was enacted by the parliament. It applied to the whole of India aside from the provinces of Jammu and Kashmir. Here this act denied the detainment of children in prison or jail or threatened as adults. The Juvenile Justice Act replaced the Children Act of 1920.[3]

· During 2000

The amendment occurred which aligns the Juvenile Justice Act with the principles of the United Nations Convention on the rights of the child. Under this, the age bar was raised from 16 to 18 years and the process of rehabilitation was emphasized.

· In 2015

Because of the brutal gang rape and murder case of a young woman in Delhi, in 2012 known as the Nirbhaya case, another significant amendment was made to the Juvenile Justice Act. According to this amendment brutal or heinous crimes like rape or murder, if committed by juveniles of 16 to 18 years could be tried as adults.

· In 2021

There was a dedication to making a strong juvenile justice system. So, in 2021 amendment 8 brought provisions regarding adoption and foster care of children in need of protection.[4]

WHO IS JUVENILE

Any person who has not attained the age of majority which means who is below 18 years is considered as juvenile. Cases related to juveniles are heard in juvenile courts, which is a type of civil court with different rules than adult criminal courts. They are not treated as adults and do not get tried in court or punished like adults. Only in rare cases, juveniles can be sentenced as adults even when they are not 18 years old. Earlier there was not so clear distinction between a child in need of care and protection and a child in conflict with the law, as then both were termed juveniles.[5]

CHALLENGES TO JUVENILE JUSTICE SYSTEM

There are a lot of issues and challenges in the commission of the juvenile justice system. Even though we have an act enacted for the care and protection of juveniles still there are a lot of loopholes and gaps in our legal and social system like,

· The treatment of juveniles or children by the police. There is a need for child welfare or special police units in every district and city. The behaviour of police towards the juvenile should be adequate and responsible. They are either busy with criminal investigations or not interested in that matter. A proper superior authority bench must be there to look out for and produce children before the welfare board for care, development, and training. Here the police can investigate the matter without a magistrate’s order but they fail to do so, in cases of child labour, harassment, or any abuse towards juveniles.

· The purpose of this Act to rehabilitate, train, educate, and reform gets defeated cause the juvenile Justice board has a very wide blanket to ‘release’ the juvenile to home after group counselling, advice or admonition, community service, to release on probation for good conduct, order to pay fine, and to send them to a special home. Even when the juvenile justice board sends a child to a special home. Even when the juvenile justice board sends a child to a special home under section 15 (1)(g), The period of stay may get reduced, which will result in the release of maximum number of children without being properly educated, corrected, and trained. Search loopholes and vague powers are the unreasonable nature of the board.

· Generation to generation wise the age of majority differs and mostly gets reduced. The things that were not known or accessible to adults in past are easily known by today’s kids. The use of tech and machines have led to early learning of new and inappropriate things to children. Therefore, there is a problem with age criteria under the law. Under 2015's amendment the legal age was increased from 16 to18 years which is not suitable in present time.Under Indian Penal Code, 1860 a child below 7 years of age is considered doli incapax, which means he can’t be held for any offence as a child of that age has no maturity or understanding, and a child from 7 to 12 years of age is called doli capax, that means he can be held liable for that offence committed by him. Therefore, we can say that a child above 12 years is big enough to acknowledge the consequences of his acts, and to be held liable. But still even after the Commission of heinous crimes a juvenile can get absolved from his liability.[6]

· Under juvenile Justice Act, the juvenile justice board and the child welfare committee has great authority and no person has any right to challenge the orders given by the board and the committee before any quote. This was done so as no child is neglected, but it resulted in the discharge of wrong doors without any reconsideration of that matter. and such a provision is against the right to appeal which denies justice.

· There is no proper or flexible procedure for Sentencing.

· As the act focuses majorly on rehabilitation and reformative but by mere reformative theory we cannot prevent crimes in society. Not every offence by juvenile be taken under reformative procedure. As offences differs in different cases it must be dealed in accordance to that. Crimes like murder or rape should face penal consequences. many a times the Juveniles are provoked or encouraged into these heinous offences as they have very lenient punishments. A strict action is to be taken against such cases.

· There is no such logic or proof that within a maximum period of three years or total rehabilitation can be achieved by offender or child in conflict with law.

· This act does not deal with any psychological or physical maturity of any juvenile.

· The biggest loophole is the maximum of amount of sentence given to a juvenile. A juvenile offender who committed a heinous crime like murder or rape serves the same amount of sentence as given to a delinquent who partakes in armed robbery or theft in order to feed himself or his family.

Such loopholes and gaps make the legal system slow which results in delays and justice denied. All these issues must be brought up into consideration to provide a proper justice to the victim of any crime.

JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

This juvenile justice [care and protection of children] act, 2015 displaced the juvenile justice [care and protection of children] act, 2000, Indian juvenile delinquency low and allowed for juvenile in conflict with law in the age group of 16 to18 years, entangled in heinous crimes, to be tried as adults. It also introduced a generally available adoption law for India, which overtakes the Hindu adoption and maintenance act [1956] and the guardians and wards act open racket 1890] but not by replacing them. all the crimes related to juveniles will be tried by juvenile justice board so as to determine if the crime was commissioned as ‘child’ or ‘adult’. A proper training will be introduced for special juvenile units in police force.[7] There will be no death or life imprisonment to any juvenile. it focuses on reducing any delays in the process as a case should be completed within four months at the first production of a child and juvenile justice board. After recording a reason in writing it may get extended to two or more months. The juvenile justice board has several authorities like engaging a child into social work, counselling, social welfare, group activity so as to teach them teamwork, cooperation with each other in society. If a grave crime has been conducted by a child then he would be sent to reform house for three years which may also get extended if needed.

DIFFERENCE BETWEEN JUVENILE JUSTICE ACT 2000 AND 2015

The juvenile justice [care and protection of children] act, 1015 was introduced so as to make amendments regarding many matters, and therefore a lot of changes or differences can be seen in both of these on comparison.[8]

· Under Act 2000 there was no such criteria as to consider juveniles of 16 to 18 years as adults on Commission of any heinous crimes by them.

· It brought up the matter of child rights as there should not be any life imprisonment or death sentence against any juvenile.

· It focuses on differentiating between child in need of care and protection from child in conflict with law.

· In 2000 Act there was no such provisions regarding adoption but 2015 act made an accessible adoption law for India.

· There was no provision for reporting of abandoned or lost child in 2000 act but later this provision was made in 2015 act.

· 2015 act also highlights the powers and functions of juvenile justice board and child welfare Commission.[9]

CONCLUSION

As we know children are the upcoming future to a nation and their welfare and care is the upmost priority to any nation. So as to lead a successful generation the society requires a great responsibility towards Children’s Health, education, environment, care, background, etc. A child is born innocent, it’s the upbringing and society which moulds its nature and character. But due to various reasons, these children have turned into juvenile delinquents. A child may get influenced on its own or may be encouraged into such. So as to have a stop on this exploitation of children a law or act was to be introduced. And earlier times there was no such proper law but provisions regarding maintenance of children in personal laws was there. Then later the juvenile justice [care and protection of children] act, 2000 came into existence. It has also gone through a lot of amendments from time to time. There are a lot of factors which influence a child’s behaviour like their familybackground or history, economical status, a child’s mental and physical health both, the surrounding, the society they live in, the community they belong to, the culture or custom they follow, their beliefs or religion, the social norms, etc. But as children are considered the nurturing birds and must be cared therefore provisions regarding rehabilitation, reformative care and protection are the upmost priority rather than punishing or treating them as criminals.[10]

References

[1] Anmol Singh khanjar, “An actual study of juvenile justice system in india”(2018) ipleaders (https://blog.ipleaders.in/juvenile-justice-system-india/) 15th September 2024.

[2] Sidhida verma s, “History and development of juvenile justice system in india”, writinglaw (https://www.writinglaw.com/juvenile-justice-system-in-india/) 15th September 2024.

[3] Seema rani,mohd wazid khan, “Juvenile delinquency in india:an analysis”(2023) ResearchGate (https://www.researchgate.net/publication/372890583_Juvenile_Delinquency_in_India_An_Analysis) 15th September 2024.

[4] Samridhi M, “Juvenile justice system in india:evolution and defects”(2023) lawoctopus (https://lawctopus.com/clatalogue/clat-pg/juvenile-justice-system-in-india-evolution-and-defects/) 15th September 2024.

[5] Anita mishra, “Rights of juvenile in juvenile justice system in india”, legalserviceindia (https://www.legalserviceindia.com/legal/article-7163-rights-of-juvenile-in-juvenile-justice-system-in-india.html) 15th September 2024.

[6] Arafat khan, “The law related to juvenile justice system in india:a critical analysis”, legalserviceindia (https://www.legalserviceindia.com/legal/article-9482-the-law-related-to-juvenile-justice-system-in-india-a-critical-analysis.html) 15th September 2024.

[7] Juvenile justice (care and protection of children) act,2015.

[8] Juvenile justice (care and protection of children) act 2000.

[9] Sushant agarwal, “critical analysis of juvenile justice act, 2000”(2020), ipleaders (https://blog.ipleaders.in/critical-analysis-of-juvenile-justice-act-2000/) 15th September 2024.

[10] Ana khan, “Challenges to juvenile justice laws in india”(2018), ipleaders (https://blog.ipleaders.in/juvenile-justice-2/) 15th September 2024.