Juvenile Delinquency in India

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1. INTRODUCTION

Have you ever watched or heard of a youngster robbing a store, or seen a juvenile threaten or attack someone? I have no doubt that this will surprise you. You may be wondering why a youngster would do such things, or why they would be against the law. But believe me when I say this: it is true.

The future of a nation is mostly dependent on the next generation. The human resource basis of a country decides whether or not it will develop into a developed nation and whether or not its progress will be continuous. Therefore, it is imperative to make investments in the civic education of the populace, particularly the younger generation comprising children, adolescents, and teens. If they are reared with love, care, and moral ideas ingrained in them, they will surely grow up to be law-abiding people. However, they may develop into delinquents at an early age—that is, someone who behaves inappropriately or disregards social norms, laws, and regulations—if they are mistreated, grow up in unfavourable circumstances, or endure abuse.

Young children are sensitive and change their appearance based on the situations they encounter. They might either emerge as shining examples of society or turn into criminals. It becomes vital to prioritize their growth and development as a result. It is important to minimize any factors that may lead to adolescent delinquency and to treat them carefully. This article addresses the definition of juvenile delinquency, the causes of these behaviours and acts, the laws that govern this, and how juveniles are treated. Furthermore, it offers programs or actions aimed at preventing adolescent delinquency.

2. HISTORY OF THE JUVENILE JUSTICE SYSTEM IN INDIA

Lately, wealthy nations such as the United States and the United Kingdom have been part of a worldwide movement that calls for special treatment for young offenders. This pattern initially became noticeable in the 18th century. Juvenile offenders were handled the same as adult criminals before this transition.

On November 20, 1989, the United Nations General Assembly passed the Convention on the Rights of the Child in response to the growing need to protect the rights of young criminals. Aiming to protect the best interests of young offenders, this treaty declares that to facilitate their social reintegration, no court hearings or actions shall be held against them.

The Juvenile Justice Act of 1986 was repealed and replaced with the Juvenile Justice (Care and Protection of Children) Act, 2000, which was introduced by the Indian Legislation in response to this convention.

Under the previous Juvenile Justice Act of 1986 (which replaced the Children Act of 1960), the purpose was to put into practice the ideas outlined in the Standard Minimum Rules for the Administration of Juvenile Justice, which were approved by U.N. member nations in November 1985.

Except for the state of Jammu and Kashmir, this act’s 63 sections and 7 chapters apply to all of India. Its primary objective was to care for, shield from harm, treat, develop, and rehabilitate neglected young offenders. The act’s main objectives were to: Establish a uniform framework for juvenile justice in the nation that protects juveniles’ rights and interests; outline the necessary infrastructure and machinery for juvenile offenders’ care, protection, treatment, development, and rehabilitation; and provide fundamental provisions for the proper and equitable administration of criminal justice in cases involving serious crimes committed by juvenile offenders.

3. MEANING AND CONCEPT OF JUVENILE

When a young person exhibits infantile characteristics, they are referred to as “juvenile.” The act of not fulfilling responsibilities or according to social norms is referred to as delinquency. This might involve breaching the law or engaging in corrupt behaviour. Fairness, equity, and sincere regard for individuals are all components of “justice.” It is about opposing unfair behavior by upholding moral purity and treating people properly. A subset of criminal law known as juvenile justice works to meet the needs of minors who are too young to face full prosecution for their offenses.

Juvenile delinquency is the term used to describe the criminal activity of young people. Juvenile justice is the process of ensuring that kids and teenagers get fair, reasonable, and equal treatment in order to help them grow up to be valuable members of society.

The juvenile justice system deals with issues that people in society and children encounter. Its main goal is to safeguard children by treating them appropriately and establishing an atmosphere that promotes healthy human development. It is a socio-legal strategy for creating circumstances that will aid in the rehabilitation of young offenders.

Juvenile justice laws are in place in almost all civilized nations to treat juvenile offenders fairly and enable them to live morally upright, democratic lives. These laws apply to people under the age of eighteen. Juvenile courts that are kid-friendly are used to administer juvenile justice.

Rehabilitation, as opposed to punishment, is the primary goal of this approach. Through specialized facilities, the juvenile court provides care and compassionate treatment to children and young adults who commit wrongs or become delinquent. Adolescent criminals can then find a way to live respectable lives.

4. AIMS OF JUVENILE JUSTICE

Adolescents are defined as those who are young enough to be classified as adults but not quite. Juvenile Justice oversees how children are treated when they are involved in legal disputes and also looks at the factors that lead to responsible behaviour and how to stop it.

Its cornerstone is the rights of the child.
By restoring the equilibrium to an environment upset by crime, rather than only punishing the offender, it implements the concept of restorative justice.
The child’s best interests come first in this system.
Preventing crimes and injustices against children is the main goal of this approach.

5. JUVENILE DELINQUENCY

When a child, between the ages of 10 and 17, engages in unlawful behavior, it is considered juvenile delinquency. Adolescent misbehavior is also used to refer to children who consistently act dishonestly or disobediently so that they might be seen to be beyond the jurisdiction of their parents and become explicitly subject to legal proceedings. Every state has a distinct legal structure in place to deal with minors who breach the law and juvenile delinquency is sometimes referred to as “juvenile offending.”

The English term “delinquency” comes from the Latin word “delinquer,” which meaning “omit.” The phrase used to characterize the improper behavior, sometimes involving criminal activities, that children and teens display is juvenile delinquency. Simply put, it refers to a child’s departure from accepted social norms and rules, where they typically engage in anti-social behaviour.

The phrase is broad and can also refer to a youngster acting aggressively. However, the proverb “nullum crimen sine lege” asserts that an action taken by an individual does not qualify as a crime or subject them to punishment unless it is acknowledged or specified by law. This accepted principle of criminal law also applies to international criminal law. Accordingly, unless a kid commits unlawful or illegal conduct that is deemed to be an offense by the current laws of the nation in which it is enacted, he cannot be considered to have committed a crime. This also applies to orphaned, abandoned, or aggressively acting children. Crimes such as murder, sexual assault, theft, abduction, and so forth may fall under this category.

Because juvenile delinquency is a continuous problem in all nations, the United Nations recognized the need for a common vocabulary. This led to the calling of the Second United Nations Congress on the Prevention of Crime and Treatment of Offenders in 1960. “Acts of minors due to which they violate criminal law and indulge in behavior which is objected to and disapproved by society and law of the country in which they reside” was the definition given for the word.

6. CAUSES OF JUVENILE DELINQUENCY

Juvenile delinquency is still a major concern in every nation on the planet and has grown in popularity. It is critical to comprehend the underlying causes and motivations of juvenile delinquency to address this problem and eradicate it from our society.

6.1. ADVANCEMENT OF TECHNOLOGY AND ECONOMIC GROWTH

The way people think has changed as a result of the development of technology as well as the expansion and evolution of civilization. People’s lifestyles are greatly influenced by modernization and westernization. In addition, as industries developed, people began moving from rural to urban regions, which led to the problem of slums, overpopulation, etc. Families had further financial and economic difficulties as a result.
Children either become involved in child labor or participate in deviant behaviours in an attempt to address these issues. The result of this was juvenile delinquency. It has been noted that young people have been tempted to use unethical measures to satisfy their aspirations when living an opulent lifestyle.

6.2. FAMILY ISSUES

Family problems are a significant contributing factor to the rise in adolescent criminality. A youngster develops attachments to their family as their initial social environment. Typically, children pick up knowledge from what they see in their environment. A child’s mental, physical, and emotional development will be hampered by family disintegration, which can also result in juvenile delinquency. Examples of this include ongoing arguments between parents, a lack of love and affection, shattered homes, etc.

A youngster may conduct crimes out of hostility and other bad emotions if they believe they have been abandoned by their parents or other family members. Young children require attention, love, care, supervision, and protection. For children to grow up to be successful, law-abiding adults, families must place a strong emphasis on keeping them from engaging in criminal behaviour and on their personal development. Their parents need to provide them with enough chances so they may grow to their full potential and receive the right kind of education.

6.3. CHANGING PATTERNS IN LIFESTYLE

Another factor contributing to criminal behavior in youngsters is a shift in lifestyle. It is difficult for kids and teens to remodel and alter their family relationships because of the immaterial and ever-changing patterns in people’s lives. They become detached and apathetic as a result of the generation gap, which is the main problem they face. They also lose their ability to discriminate between good and bad, or they become amoral. It appears that they make a mistaken decision and go down the dark or immoral route. The presence of kids might also contribute to delinquent behaviour. Individuals they spend the majority of their time with have the power to mold them into law-abiding citizens or criminals.

The fact that parents and kids don’t often interact is another disadvantage of the lifestyle shift. Children are frequently ignored because parents are either too preoccupied with their work and schedules at the workplace or are juggling their issues. Children may become frustrated, anxious, or aggressive as a result of this. To understand the problems that children experience daily, it is thus essential that parents and children engage with one another and spend some quality time together. Parents must also pay attention to what their kids have to say and show compassion for them by lending a hand when needed.

6.4. BIOLOGICAL FACTORS

Delinquent behavior in children can also be attributed to biological reasons, such as mental and physiological disorders, low IQ, a lack of comprehension, etc. Girls have been shown to often reach puberty early in life and to be more vulnerable to sexual offenses. Another major factor contributing to youth delinquent behavior about sexual offenses like rape is curiosity. This is where parents, educators, and seniors come in. They must teach their kids about the biological distinctions between a male and a female, as well as respond to any queries they may have about other biological processes and the repercussions of doing something illegal or criminal.

6.5. POVERTY

There’s a good likelihood that a youngster who lacks access to fundamental requirements may turn to criminal activity to obtain those necessities. This indicates that a contributing factor to adolescent misbehavior is poverty. When children lack basic needs like clothing, food, housing, education, and other essentials, they may be forced to work for money through deception to fulfill their desires. Due to their inability to get even the most essentials of life, those who live in slums struggle to survive. Another important factor that leads to poverty and, eventually, a rise in the number of juvenile delinquents in society is corruption. The government needs to take action to end poverty and ensure that all of its residents have access to essentials like food, clothes, and shelter. To ensure that kids have a decent life in the future, efforts must be made to give them high-quality instruction and training.

6.6. OTHER FACTORS

Delinquent behavior in juveniles is also caused by other causes, such as child labor, maltreatment throughout childhood, traumatic events, financial difficulties, illiteracy, mental instability, etc.

7. JUVENILE JUSTICE IN OTHER COUNTRIES

7.1. JUVENILE JUSTICE IN THE U.K

In the United Kingdom, it was believed that juvenile misbehaviour was a passing phase that would go away with age. A distinct strategy for handling juvenile offenders was implemented by the nation’s penal reformists. The first major effort to prevent adolescent criminality is said to have been the Ragged Industrial School Movement. An industrial school for children who are homeless, impoverished, and delinquent was established as a result of this initiative.

Renowned social crusader Miss Marry Carpenter is well-known for her tremendous efforts to keep young people from becoming delinquent. She founded a Bristol Ragged Industrial School. In addition, a juvenile correctional facility known as Parkhurst was founded in 1838. A kid under the age of seven cannot commit a crime and, as a result, cannot be found guilty, according to the country’s Summary Jurisdiction Act, of 1879. The Probation of Offenders Act, of 1907, which gave the courts the authority to free minors found guilty of specific offenses, was passed in 1907. The juvenile courts were established in 1908 as a result of the Children Act of 1908.

Furthermore, detention houses were made available for the treatment of minors under the Children and Young Persons Act of 1933. Before the trial, children under the age of seventeen were housed in observation houses. It is noteworthy that the United Kingdom government liberalized juvenile legislation following the passage of the Criminal Justice Act, of 1982, to comply with UN principles.

7.2. JUVENILE JUSTICE IN THE U.S.A

The establishment of state agents in 1869 to oversee the care of minors marked the beginning of the history of juvenile courts in the United States. Probation officers were assigned to this task in 1878. At the moment, every state in the nation has a single juvenile court as well as a dedicated judicial service unit to handle these cases. Each state’s local government contributes financial assistance to these courts. The Juvenile Justice and Delinquency Prevention Act of 1974 was another law established by Congress to address the issue of juvenile delinquency.
The way these courts operate is as follows:

When a child offender is taken into custody by the police, they decide to either retain the youngster in custody or not.
Notifying the court is the police officer’s next responsibility.
The probation officer is also granted a hearing during the trial.
When a kid is under the supervision of a probation officer, it is their responsibility to locate the youngster’s job or education. However, the juvenile is sent to a children’s home or approved school if he disobeys any probationary requirements.

8. WHO ARE JUVENILE DELIQUENTS?

Children who have committed a criminal offense and are typically between the ages of 10 and 17 are considered juvenile delinquents. Rehashed wrongdoers and age-specific guilty individuals are the two main categories of guilty persons.

Rehashed Wrongdoers: Those who commit rehashed crimes are sometimes referred to as “life-course constant wrongdoers.” These juvenile offenders begin as guilty or as implying other isolated behaviors in their pre-adult years. Rehash guilty parties continue to use force or participate in illegal activities when they are 18 years old.
Some criminals claim that juvenile deviant behavior starts in childhood, which makes them eligible for prosecution based on their age. In all cases, the age-specific guilty party’s activities terminate before the kid reaches adulthood, in contrast to serial offenders.

The actions of an adolescent throughout their formative years are frequently a reliable predictor of the kind of guilty party they will become as adults. Age-specific offenders stop being delinquent when they get older, but they still tend to have more mental health issues, abuse drugs, and have more financial difficulties than individuals who never got into trouble as kids.

The accused in the case of Gopinath Ghosh v. State of West Bengal claimed to be far older than the legal minimum age to be a child. Having stated that, the court in this case not only allowed the plea of juvenile status to be made for the first time, but it also forwarded the case to the sessions judge so that the age of the accused could be determined. The Supreme Court supported this tactic in Rajinder Chandra v. State of Chhattisgarh and further stated that the bar of proof for establishing an individual’s age is the degree of possibility rather than proof beyond a reasonable doubt.

9. RISK FACTORS AND PREDICTORS OF JUVENILE DELINQUENCY

Many children become noticeable juvenile offenders at an early age, usually in the range of six to twelve years old. Many teenage behaviors during the pre-high school and early childhood years may be considered typical behavior for children as they push their boundaries and struggle to develop their sense of self. In any event, there are indications that a youngster could be headed in the wrong direction.

Common indications of misbehavior among teenagers that can start as early as preschool include the following:

unusual or modest development in speech and language, two important abilities.
repeated transgression of the values.
Extremely violent behavior directed at various students or teachers.

Research has shown that a child’s likelihood of becoming a conspicuously teenage reprobate is influenced by a variety of life circumstances. The following are the most well-known risk factors for teenage misbehavior, however, they are many and subject to change:

Authoritarian parenting is defined by the application of strict discipline techniques and the reluctance to offer any other justification for punitive measures than “because I said so.”
Peer association is a common consequence of leaving teenagers unattended, which can lead to a youngster behaving out among his peers.
Poor socioeconomic standing
Permissive parenting is defined as not enforcing penalties for misbehavior. I.e. It may also be divided into two smaller groups: indulgent parenting, which includes rewarding disobedience in children, and inattentive parenting, which entails not monitoring a child’s conduct.
Inadequate Academic Achievement
Rejection by peers
ADHD in addition to other mental illnesses

10. EVOLUTION OF JUVENILE DELINQUENCY IN INDIA

10.1. APPRENTICES ACT OF 1850

As far as handling minors who had broken the law was concerned, it was the first piece of legislation approved during the colonial period. The statute states that minors who commit minor offenses will not be imprisoned but rather treated as apprentices, or those receiving training in industry or under any enterprise.

10.2. STAND OF INDIAN CONSTITUTION

Article 15(3), Article 39 clauses (e) and (f), Articles 45 and 47 all demand the need to preserve children’s fundamental human rights and to guarantee that their basic needs are met. The Convention on the Rights of the Child was enacted by the UN General Assembly in November 1989. It set down rules that all member governments had to abide by in order to ensure the child’s enthusiasm. The necessity of reintegrating young victims into society was also underlined.

The Apprentice Act, of 1850, which mandated that children between the ages of 10 and 18 who were indicted in court get professional preparation as part of their rehabilitation process, was the first official statute on adolescent equality in India. This example was introduced by the Reformatory Schools Act of 1897, which allowed children up to the age of 15 to be placed in a reformatory cell. A uniform concept of juvenile justice was subsequently created by the Juvenile Justice Act of 1986. This event was replaced by the Juvenile Justice (Care and Protection) Act of 2000.

11. DIFFERENT STAGES OF LEGISLATION

11.1. JUVENILE JUSTICE ACT,1986

The truth is that local theories surrounding juvenile justice have been keeping up with global trends in this area. India was the first nation to accept the UN Standard Minimum Rules and then adapt its juvenile justice system based on those principles. Other goals were, of course, to establish a consistent legal framework for juvenile justice, to provide a particular strategy for the prevention and management of adolescent misconduct, to describe the machinery and framework for juvenile justice operations, to set rules and norms for the administration of juvenile justice, to build suitable links and collaboration between the formal framework and intentional offices, and to identify particular offenses linked to.

The Act incorporates the fundamental elements of all due processes and participative models, keeping in mind the ultimate goal of comprehending this objective. Undoubtedly, the new legislation places a challenging duty on the state to appropriately allocate resources from various financial development sectors to ensure the prosperity and well-being of teenagers and provide them with a chance to heal from their experiences.

11.2. JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT,2000

The Children’s Acts, which were then available, were implemented through a different system, and their reconstruction was required by the JJ Act of 1986. All the same, the methods employed by several State Governments fell well short of the stated goals due to the lack of a national agreement on the timeline for such a reconstruction. The Juvenile Justice (Care and Protection of the Children) Act, 2000 was re-enacted by the Indian government in order to institutionalize and promote the approach to adolescent equity with respect to the significant sections of the Indian Constitution and international obligations. To address this, a Working Group was established, and on April 1, 2001, the Act was put into effect to manage the children.

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

The objective of the Adolescent Justice (Care and Protection of Children) Act, 2015 is to supersede the Act, which was passed in 2000 and is now in force in India, as well as to provide equal protection for children. This will allow juvenile offenders under the age of sixteen to eighteen to be tried as adults for serious offenses. It was consistently passed by the Lok Sabha on May 7, 2015, and it is presently pending in the Rajya Sabha. The Juvenile Justice Board, which will include analysts and sociologists, will have the authority to determine whether or not a teenage offender between the ages of 16 and 18 should try their luck as an adult under the terms of the Teenage Justice (Care and Protection of Children) Act, 2014. The bill incorporated provisions not seen in the previous protest, such as ideas from the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption. The measure also attempts to make the process of choosing which children are stranded, abandoned, or surrendered more efficient.

The Convention on the Rights of the Child was ratified by the United Nations in 1989 to safeguard children’s rights. In 1992, India ratified this treaty. Furthermore, the Beijing Rules, also known as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985, and the United Nations Guidelines for the Prevention of Juvenile Delinquency, also known as the Riyadh Guidelines, offered a set of guidelines to be followed in cases of juvenile delinquency. The assumption of innocence, the right to a fair trial, effective rehabilitation, appropriate care, refraining from mistreating minors, and other core values are important in this context.

Articles 15(3), 39(e), 39(f), 45, and 47 of the Indian Constitution were all taken into account in the passing of the Juvenile Justice (Care and Protection of Children) Act, 2015.

11.4. OBJECTIVES OF THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT,2015

The Act aims to achieve the following:

The purpose of the Act’s passage was to update and harmonize the laws pertaining to the child categories it covers.
It makes an effort to meet the fundamental needs, safeguard, nurture, development, and care for these kids.
The Act implemented a juvenile-friendly method of adjudication and resolution for cases involving minors.
must make certain that these kids are reintegrated into the community.
To assist juvenile offenders in becoming law-abiding citizens, the Act also includes provisions for aftercare programs and the creation of organizations.

11.5. CATEGORIES OF CHILDREN RECOGNISED UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN)ACT,2015

The Act recognizes two kinds of minors:

Minors who are involved in legal issues.
Young people in need of care and protection

11.5.1. CHILDREN IN CONFLICT WITH THE LAW

The term “Children in conflict with the law” is defined under the Act’s Section 2(13). As per the definition provided in this Section, a child who has not reached the age of eighteen and is suspected of committing an offense falls within the category of children in conflict with the law. In addition, the Act stipulates requirements and mandates that no child of this kind be subjected to any form of abuse, neglect, physical punishment, or other forms of maltreatment. In addition, no derogatory terms such as “arrest,” “remand,” “accused,” etc. may be used about or used in the trial of a minor.

11.5.2. CHILDREN IN NEED OF CARE AND PROTECTION

In Section 2(14), the category of children in need of care and protection is specified. The following kids are within its purview:

A young person who is abandoned and without access to resources.
A youngster who is caught begging or living on the streets, engaged in child labour or engaging in any other conduct that violates labour regulations.
A child who resides with someone else; Someone who has threatened to murder him; Someone who has mistreated, abused, damaged, or neglected him; Someone who has killed, harmed, or exploited any other child and there is a real concern that they would do the same with another child.
A youngster who is physically handicapped and needs no caretaker, as well as one who suffers from mental disease or unsound mind.
A kid who has parents or guardians, but they are not suitable or able to provide for and shield them from harm.
A kid who is abandoned or turned over by their parents, or one who has no parents and no one is prepared to care for them.
A youngster who fled their house and whose parents, after a thorough search, are nowhere to be located.
A youngster who has engaged in illegal or criminal behaviours or who is likely to engage in such behaviour has experienced sexual abuse.
A youngster who is mistreated or used for unethical purposes.
Any young person who suffered harm as a result of a natural disaster, military war, or civil disturbance.
A youngster is coerced by parents, guardians, or other family members into marriage before reaching puberty.

12. JUVENILE JUSTICE BOARD

A Juvenile Justice Board shall be established by Section 4 of the Act to consider cases involving minors. The appointment of board members for each district is at the purview of the state government. What is contained in it:

Either a Metropolitan Magistrate with three years of experience or a Judicial Magistrate of First Class shall serve as the head magistrate.
There should be two social workers, and one of them should be female. Either they hold a professional degree in child psychology, sociology, psychiatry, or law, or they must have seven years of experience working with children in health, education, and welfare programs.

That being said, as stated in Section 4(4) of the Act, an individual will not be qualified for selection by the board for the reasons listed below:

Whether or if he has infringed upon any children’s or human rights.
Is the accused person entitled to a conviction for a crime involving moral turpitude?
Removed or fired from their position with the government.
There was child labor or abuse committed by the individual.

12.1. TERMINATION OF APPOINTMENT

According to Section 4(7) of the Act, a board member may be fired for any of the following reasons:

The board members exploited or abused their positions of authority.
The member missed meetings for three months in a row without explaining.
If a member missed three-quarters of a sitting within a year.
If the member engages in any behavior that disqualifies him.

12.2. POWERS OF THE BOARD

Any district’s Board established under the Act will have the exclusive authority to handle the following proceedings:

Within the Board’s purview
In cases involving minors who are in legal trouble.

The High Court or the Children’s Court may use these powers if they are presented with proceedings under Section 19, whether it be in an appeal, revision, or other situation. An order made by a magistrate outside of his jurisdiction is deemed void ab initio, according to the ruling in the case of Hasham Abbas Sayyad vs. Usman Abbas Sayyad (2007) 2 SCC 355.

The Board may use its authority to undertake an inquiry by the provisions of this Act and may make any orders it considers appropriate under Sections 17 and 18 of the JJ Act, 2015, upon the production of an alleged child in conflict with the law.

The Board also has the jurisdiction to investigate severe offenses under Section 15 of the Act. Within three months following the date of the child’s initial presentation before the Board, this preliminary evaluation must be completed.

12.3. FUNCTIONS OF THE BOARD

Make sure the kid and their parent or guardian are informed participants at all times.
Guaranteeing the defense of the minor’s rights during the arrest, investigation, follow-up, and recovery processes.
Confirm that the kid can receive legal assistance from a variety of legal services providers.
A qualified interpreter or translator should be available if the child is unable to understand the language used during the proceedings.
Ordering a social inquiry into the situation to be conducted by the probation officer, child welfare officer, or social worker. directing them furthermore to submit the report to the Board no later than fifteen days following the date of the initial production.
Adjudicating and resolving by the procedure outlined in Section 14 instances involving minors in legal trouble
Referring cases to the Committee in situations where the kid is said to require care and protection at any point but is accused of being in legal trouble
Finalizing the resolution of the issue and issuing a directive that must contain a personalized care plan for the child’s recovery.
Follow-ups by cops or an NGO are also included in this.
Establishing the suitability of a certain individual to care for a kid who is in legal trouble by conducting inquiries.
Inspecting residential institutions for children in legal trouble once a month and making recommendations for different ways to raise the standard of services offered.
Directing the police to file a formal complaint if a crime is committed against a minor who is in trouble with the law.
Check adult-only jails regularly to see whether any children are being housed there.
Putting quick action in place to move a youngster discovered in an adult jail to an observation home.
Any more duties that the Board may be assigned.

There is never a reason why a youngster in trouble with the law may be detained in police custody or locked up. In the case of Union of India and Ors. v. Re: Exploitation of Children in Orphanages in the State of Tamil Nadu, the Supreme Court declared that Juvenile Justice Boards were not to be “silent spectators.”

13. CHILD WELFARE COMMITTEE

According to Section 27 of the Act, the state government is required to form a child welfare committee in each district. This committee must be given the power to work for the welfare of kids who need to be protected and cared for. The members of such a committee have to be:

An one in charge;
Four more members, at least one of whom ought to be a woman;
The committee members are appointed to three-year terms.

According to the Act, the District Magistrate has the authority to examine the committee’s work and request reviews from it.

According to the Act, he or she would also serve as the grievance redressal authority. The Act stipulates that the following reasons may be used to remove a committee member:

Any member who mistreated or abused their position of authority.
For three months in a row, the member missed meetings without explanation.
If a member missed three-quarters of a sitting within a year.

13.1. FUNCTIONS OF THE COMMITTEE

The duties of the committee are delineated in Section 30 of the Act.

Consider the children that came before it.
To carry out investigations on children’s safety and health.
Should provide the district child protection unit, probation officials, or child welfare officers instructions to look into the situation involving such kids.
To investigate who is caring for these kids and determine if they are qualified to do so.
The committee is responsible for overseeing foster children’s placements.
Help make certain that these kids receive the attention, defense, healing, and restoration they need.
Considering the needs, gender, and disability of the children while choosing the institutions in which to place them.
Once a month, inspect the facilities used to house these kids.
To confirm that the parents’ surrender deed has been executed and to make sure they have enough time to make their choice.
Make certain that the missing or abandoned children get the assistance they require.
An abandoned or turned-in kid may be designated as an orphan by the committee, which will then seek to find a home for them.
The committee can also investigate issues about these kids on its initiative.
It is mandatory for the committee to strive toward the rehabilitation of children who have been sexually abused.
It has the authority to work with the police and other organizations to plan activities that will ensure the well-being of these kids.
The committee’s responsibility is to help abused children get legal representation.

14. CLAIM OF JUVENILITY

Whether a child is considered a juvenile under the Act or not, the juvenile board’s first and primary task in each matter that comes before it is to ascertain the child’s age. Any time throughout the trial in any court, as well as after the case has been resolved, the individual may bring up this allegation of juvenility. On the other hand, the topic of juvenile justice and how to establish the age of a minor in a case involving them has been the subject of several court decisions.

The appellant in Kulai Ibrahim @ Ibrahim v. State, represented by I.G. Police, Coimbatore (2014), was found guilty by Sections 148 and 302 of the Indian Penal Code, 1860, and was sentenced to life in prison. The Supreme Court heard an appeal to this conviction because the appellant was a minor when the offense was committed and should not have been found guilty. The Honorable Supreme Court noted that the appellant only brought forth this defense of juvenility in the High Court, not at the trial court. The High Court was forced to deny the plea due to a dearth of evidence in this respect. Nevertheless, it was also noted that the accused has the right to enter this plea at any point throughout the trial by Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000. He may also bring it up after the matter has been resolved.

The Supreme Court held in the 1996 case of Deoki Nandan v. State of Uttar Pradesh that the school certificate is admissible in court and can be used as evidence to show the age of the child. Also, the High Court was forced to overturn the accusations against the accused in Ajay Pratap Singh v. State of Madhya Pradesh (2000) due to the lack of a suitable investigation to ascertain the defendant’s precise age.

The date of the child’s birth as recorded in the school register can be utilized to ascertain the accused’s age and whether or not they are a juvenile, the Hon. The case of Satbir Singh and others v. State of Haryana was decided by the Supreme Court in 2005. In 2015, Panna Lal and Others v. State of Madhya Pradesh involved allegations of murder against four adults and one minor. The juvenile justice board, however, received the case of the minor after it was divided among the other accused parties.

15. REHABILITATION OF DELINQUENT JUVENILES

Rehabilitating and reintegrating young offenders into society as law-abiding adults is the primary goal of the nation’s juvenile justice system. Consequently, it becomes crucial to treat juveniles. No child shall be the victim of cruelty, abuse, or harsh treatment, according to the Act, which also creates institutions for reformation, such as observation homes, refuge homes, etc. To accomplish the goal, the following organizations may be beneficial:

15.1. OBSERVATION HOMES

Juveniles in custody while an investigation is ongoing or a trial is pending are required by Section 47 of the Act to be housed in observation houses. Adolescent patients and children in need of care are treated at these homes.

15.2. SPECIAL HOMES

The state government is required by Section 48 of the Act to create special residences in each district for juveniles and those who have been ordered to live there by the juvenile justice board while they are awaiting trial. The social reintegration of these adolescents and children is the goal of these homes. Nevertheless, the authorities possess the authority to divide up the young people residing in these houses according to their gender, age, kind of offense, and other factors.

15.3. CHILDREN’S HOME

A home for children in need of care and protection may be established by the state government under Section 50 of the Act. Both governmental and non-governmental groups are able to help with this. In addition to working toward the growth, treatment, education, and training of these children, these homes offer them care and safety.

15.4. AFTERCARE PROGRAMMES

When adolescents and children are released from special homes, observation homes, or other facilities created under the Act, the

se programs help and support them to live regular lives. To help these young people develop a source of income, for instance, the government or non-governmental organizations might offer them financial support. In addition, Section 56 of Chapter VIII of the Act allows for the adoption of children who need care and protection.

16. PREVENTIVE PROGRAMMES FOR JUVENILE DELINQUENCY

16.1. EDUCATION

To influence someone’s life, education is crucial. Children and young people may become assets to the nation and help with its growth and development if they receive a high-quality education. Encouraging the next generation with high-quality education and mentoring should be the goal of every administration. These programs provide kids the opportunity to flourish and channel their energy in constructive ways, in addition to assisting them in selecting a future route.

16.2. RECREATIONAL ACTIVITIES

It is true what they say about Jack being a boring youngster—”all work and no play makes Jack a dull boy.” Engaging in enjoyable and leisurely pursuits can aid in children’s development and help to deter criminal behavior. Children may engage in stimulating but enjoyable activities with the aid of these resources, which will also allow them to socialize with classmates, instructors, counselors, businesspeople, motivational speakers, and other notable individuals. They can learn how to distinguish between good and bad with the aid of these folks.

16.3. PARENT-CHILDREN INTERACTION

Naturally sensitive, children are most of the time. Parents’ interactions with them and the amicable atmosphere they foster at home are crucial in enabling their children to freely express their ideas, thoughts, and issues. Because it would be detrimental to their mental development, they must not be mistreated or tormented in any way.

16.4. COMMUNITY SERVICES

Young people need to be involved in community service projects such as providing aid to those in need through NGOs, youth clubs, and scouting. Additionally, it would instill in them the virtues of honesty, integrity, and respect for one another, as well as assist them become responsible citizens.

16.5. ANTI-RAGGING PROGRAMMES OR ANTI-BULLYING PROGRAMMES

The mental health of youngsters was negatively impacted by bullying and ragging. The government intervened in order to stop these acts. To guarantee that schools have an anti-ragging culture and that every school has a counselor on staff, the Central Board of Secondary Education in India released rules to schools. Additionally, in response to the rising number of bullying and raging occurrences at colleges and universities, the Ministry of Human Resource Development established the Raghavan Committee in 2007. The University Grants Commission (UGC) released policies in 2009 to prevent and mitigate the problem of bullying in universities and other higher education establishments. Raiding is now strictly forbidden and penalized as a result of these actions.

17. RECENT CASE LAWS

17.1. NARAYAN CHETANRAM CHAUDHARY V. STATE OF MAHARASHTRA (2023)

17.1.1. FACTS OF THE CASE

The petitioner in this instance applied to assert the defense of juvenile status, stating that he was underage when the offense was committed. The Indian Penal Code, 1860, sections 302, 342, 397, and 449, in conjunction with 120B, were utilized to determine the appellant’s guilt. There was an argument made that since he was underage when the crime was committed, the death sentence could not be applied to him.

17.1.2. ISSUE INVOLVED IN THE CASE

Should the assertion of juvenility in this instance be accepted or rejected?

17.1.3. JUDGEMENT OF THE COURT

The offender in this instance had previously served more than 28 years in jail, according to the Honorable Supreme Court. He had certain limitations and difficulties when he was a prisoner. Even finding his school certificate to prove his age in support of his juvenile appeal would have been challenging for him. The court additionally noted that he had stated his age on his school certificate as twelve years old, indicating that he was a minor at the time of the offense. The certificate was accepted by the court as evidence of his age as a consequence. As a result, the court determined that the death penalty order issued by the lower court was void because the defendant had already been imprisoned and served his time under the Juvenile Justice (Care and Protection of Children) Act, 2015. This is because no juvenile may be given the death penalty.

17.2. RESERVED ON: 12.04.2022 V. UNION TERRITORY OF (J&K) 2022

17.2.1. FACTS OF THE CASE

In this case, a lower court’s judgment that had granted youth bail was overturned. The petitioners challenged the decision of the lower court, the Kulgam Court of Principal Sessions Judge, in a revision case that they filed with the Jammu and Kashmir High Court. The petitioners contended that the court ignored the legislation about minors and misconstrued the law to render the incorrect decision.

17.2.2. ISSUE INVOLVED IN THE CASE

Whether or whether it is appropriate to set aside the aforementioned ruling that nullified the juvenile’s temporary bail award in this instance.

17.2.3. JUDGEMENT OF THE COURT

According to the petitioner, no requirement under Sections 8, 15, or 18 of the Juvenile Justice (Care and Protection of Children) Act, 2015 must be taken into

account while deciding whether to award a juvenile bond. Furthermore, there is no need for an investigative report to be filed in this context. Furthermore, it was argued that the juvenile justice board’s observations and the protocol that followed them were ignored by the lower court. In this case, the lower court’s decision to rescind the juvenile’s release order was overturned by the Jammu and Kashmir High Court, which held that Section 12 of the Act is unambiguous and simple.

17.3. ANUJ KUMAR V. STATE OF U.P. (2021)

17.3.1. FACTS OF THE CASE

In addition to passing the necessary written exam and physical test, the petitioner filed for the position of constable. After the appointment, however, the Senior Superintendent of Police conducted an investigation into the petitioner’s criminal history. It was discovered that the petitioner had previously been the subject of criminal prosecution, which led to the denial of his appointment. Enraged by this, the petitioner went to court and filed a writ petition to overturn his appointment’s cancelation. He argued that he shouldn’t be barred from the position since, at the time of the criminal prosecution, he was a minor.

17.3.2. ISSUES INVOLVED IN THE CASE

The following concerns pertain to the case:
If the petitioner was underage when he was charged with a crime, was it right that his appointment was denied?

17.3.3. JUDGEMENT OF THE COURT

In this instance, the Allahabad High Court noted that although the petitioner did not claim juvenility during the criminal prosecution, this does not take away from the fact that he was a minor at the time of the trial. The Juvenile Justice Act states that any allegations against him must be dropped, and the criminal prosecution cannot cause him to lose his eligibility in any way. The court decided that the petitioner’s appointment in this case could not be revoked based alone on the possibility of criminal prosecution. A writ of mandamus was also issued by the court against the respondent authorities, along with the following directives:

It was instructed to the respondents to assign the petitioner to the necessary position.
The legislation must be followed when making this appointment.
He needs to be appointed to the same position for which he is qualified.

18. CRITICAL ANALYSIS AND RECOMMENDATIONS

Ordering exquisite laws is not enough; the execution must be completed and brought to a close. The enactment should take into account the financial implications of implementing the legislation as well as the foundation needed to make the law actual under the careful observation of putting the law into effect. Laws are implemented right away, with little discussion on the likelihood or potential of their use. There is subsequently dissatisfaction with the way the laws are being implemented.

19. SUGGESTIONS AND RECOMMENDATIONS

Nowadays, it is acknowledged that the duties of welfare include both protection and children. States now must guarantee developmental chances to children who are living in poverty and exhibiting indicators of social maladjustment through social welfare programs and the JJ Act. However, the main essential concept of many policies has been ignored due to the disjointed execution and malfunctioning of the various institutions under the JJ Act. Therefore, this juvenile justice strategy has to be changed into a juvenile justice “system.” Clarity of thought on the change’s direction is the most important prerequisite.

Creation of Minimum Standards: Merely providing a kid with food, clothing, and shelter will not enable them to grow into a normal human being. Basic standards of care for various community and institutional services for children must be created in accordance with the JJ Act. To provide juveniles with alternative family care that would ultimately lead to their rehabilitation in society, consideration should be given to the credentials, compensation structure, staffing pattern, building architecture, and other relevant criteria.

National Commission for Children: A high-level committee was constituted by the Supreme Court to suggest the creation of a national commission for the welfare of children in response to a public interest petition in the early 1990s that asked for basic facilities for children employed in the pyrotechnics industry in Madras and Sivakasi. The administration has since made many statements reiterating its intention to form one, although one has not yet been established.

Modification Plan: Compared to institutionalization, community-based programs such as probation are less expensive. Additionally, their ability to provide improved treatment and rehabilitation for young people should make them the preferable option. Although there has been some official attention given to children, resources have been diverted to other, more pressing issues and pressure organizations that were deemed vital.

Program of Special Training: It is necessary to create a program of special training in which child psychology and child welfare should be taught to all Board officers, including the Principal Magistrate.

Sports and Other Functional activities: Institutions and observation homes may establish sports and other functional activities to enhance the wellbeing of young people. These initiatives aim to encourage young people to participate in sports and interact with society. With the help of volunteer groups, a few cultural events should be planned in the prisoner’s residences throughout festival seasons.

Education & Schooling: Children in households up until the age of 14 should be required to attend school. They ought to be provided with the greatest resources and possibilities available, much like any boarding school or hostel, with the added requirement that residents of the houses take a course in civics and moral science. For the minor to continue his education, he must be permitted to take a leave of absence and be released under license throughout the test for his well-being. Juveniles should be able to attend reputable schools with sponsorships. Courses on personality improvement had to be set up.

Courses and Seminars: The government should regularly host orientation courses, seminars, and awareness campaigns on juvenile justice so that the staff members can internalize the information that is addressed and shared with them.
Offering Support: The police officer’s inquiry may involve the involvement of a social worker. At least one female police officer needs to be assigned to the juvenile detention facility.

Needed Change: Unless a more powerful child lobby is formed, it might not be able to change the way policies are applied to children, either in terms of locating resources, carrying out legal requirements, or conducting ongoing reviews of child-related policies and practices.

20. CONCLUSION

Any nation’s progress depends on giving its human resources—that is, its next generation—enough attention as they grow and develop. The government must take the initiative to provide its residents with high-quality training and education, and it must also get the same from them. It is necessary to implement several programs to give youngsters who cannot afford school or college tuition access to an education. In addition, additional concerns including the well-being, safety, and health of these kids need to be addressed. Since welfare states make up the majority of the states, rehabilitation, and reform rather than severe penalties must be the main goals for juvenile offenders.

Aiming to address the needs of children who have committed crimes of any type or who require care and protection, the Juvenile Justice (Care and Protection of Children) Act, 2015 includes measures for the growth, treatment, correction, and reintegration of these affected youth. Juvenile concerns are handled quickly and easily since the Act designates certain apparatus and authorities for that purpose. Children who have experienced abuse or harassment of any kind are also intended to be protected. That being said, the Act has to be strictly implemented. The Act’s requirements must be followed by anybody who violates them. Child abuse offenses may decrease as a result of this.

The Indian government has launched several programs in this area, the most well-known of which is Atmanirbhar Bharat, which aims to assist young people in becoming independent and self-sufficient and in using their skills and knowledge for the good of both themselves and the nation as a whole. Numerous other initiatives with a similar goal are Ujjawala, which attempts to reduce the number of child trafficking cases, the National Youth Policy 2021, the National Education Policy 2020, and numerous others.

21. FREQUENTLY ASKED QUESTIONS (FAQS)

21.1. WHAT ARE THE ORDERS INECPTIBLE FROM A JUVENILE JUSTICE BOARD?

The board is not allowed to issue the following directives against a juvenile by Section 21 of the Act:

Order imposing the death sentence on a minor; order sentencing the minor to life in prison;
Any order that, should the youngster fail to pay a fine, punishes a specified duration;
A juvenile’s penalty for not paying the security deposit is ordered.

21.2. IS IT UNFAIR FOR A JUVENILE TO RECEIVE A CONVICTION AND THE RIGHT TO EXERCISE HIS RIGHTS LIKE IT IS FOR AN ADULT?

According to Section 24 of the Act, no minor would be exempt from everything pertaining to his conviction under the Act for whatever offense they may have committed.

21.3. CAN A JUVENILE BE RELEASED ON BAIL?

Sure. The general norm is that, in cases when a juvenile is apprehended by the police and faces bailable or non-bailable offenses, he or she is eligible to bail with or without surety, as stated in Section 12 of the Act. Though the board must document its reasoning, no bail will be granted if there are good reasons to believe that giving it will put the person in danger.

21.4. HOW IS THE JUVENILE JUSTICE SYSTEM DIFFERENT FROM THE CRIMINAL JUSTICE SYSTEM?

There are some distinctions between the criminal justice system and the juvenile justice system:

No chargesheet or First Information Report (FIR) is ever filed in the juvenile court system against the accused, who in this instance is a juvenile or child. Nevertheless, the FIR and charge sheet are essential to start a trial against the accused in the criminal justice system.
In the juvenile justice system, a youngster who is suspected of committing a crime cannot be arrested; nonetheless, the police have the authority to hold an accused person during criminal proceedings.
Juveniles may be housed in special homes or observation homes instead of receiving punishment such as the death penalty, life in prison, or a sentence for a certain amount of time in jail.
The juvenile justice system provides the Juvenile Justice Board the power to hear and rule on issues involving kids, in contrast to the criminal justice system, which grants the courts this ability.
A person charged in the criminal court system may or may not be given 00a bond, depending on the kind and gravity of the conduct committed, even if children are entitled.

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