This article aims to evaluate the efforts being made in India to improve the process of providing justice to juveniles. An attempt will be made to know how successfully this system has helped in the rehabilitation and reintegration of juveniles involved in crime. Juveniles who are found in the vicious circle of crime need to be brought out but they need to be provided with corrective treatment. It is more appropriate to adopt a humane and rehabilitation-based approach with them.
Studies on juveniles in India also revealed that problems such as lack of trained child rights personnel, social stigma, lack of rehabilitation facilities, and slow pace of judicial process are negatively impacting the actual utility of the Act. An attempt has been made to understand what kind of multi-dimensional approach is necessary to make this system more effective. So that juveniles can be rehabilitated in the mainstream of society through justice, education, and counseling. Special emphasis has been laid on the adequacy of juvenile punishment and the reformative principles applicable to them.
INTRODUCTION
There is concern about the juvenile justice system not only in India but all over the world. The increasing crime rate among children has forced all countries to think. As a result it has become important to modify the juvenile justice systems to meet the needs of the present society. Almost all over the world, the age of 18 is considered as a universal criterion of adulthood. If we look at the crimes related to juveniles, there are many juveniles who are involved in heinous crimes like rape and murder. They get exemptions courtesy the juvenile justice laws of the country. However, India is no different. Here too, children or juveniles (as per legal terminology) are considered innocent before the law, and it is believed that they do not have sufficient mental capacity to commit a crime. Juveniles above the age of 16 can be tried as adults. Juveniles who commit heinous crimes are the only ones who can be tried. That too for all other crimes, juveniles will be sent to rehabilitation centers where they will be provided with adequate rehabilitation facilities to reform themselves
When a juvenile commits a crime, it is not only the failure of an individual but also highlights the collective responsibility of society, family and the system. In such a situation, the responsibility of the juvenile justice system is not only to enforce the law but also to give a new direction to that juvenile. However, the report shows that the crime among juveniles has increased at a rapid pace. This clearly shows that there is a need to revise the existing approach of the government in dealing with the crimes through this Act.
Evolution of the Juvenile Justice System in India
The evolution of the juvenile justice system in India has been a long and gradual process since its initial attempts. It has gone through several phases from the British colonial period to the present. During the British rule, there was a consciousness that children should not be treated like adult criminals.
The Apprentices Act, 1850 is considered to be the first legal effort related to juvenile justice. Under this, there is a mention of providing training to orphans or children who have committed crimes below the age of 15 years and employing them in some business. Instead of sending children to jail, they should be taught socially useful work so that they can join the mainstream of society.
Another effort in this regard can be seen in the Reformatory Schools Act, 1897, in which juvenile offenders aged 15 to 18 years were sent to reform homes, instead of sentencing them to jail. Its purpose was to make them useful members of society again by teaching them education, discipline and work. The same Children Acts were introduced in the decade of 1919-1920. Different age limits were fixed in these and it was arranged that the cases of children should be heard in a different manner.
The Children Act 1960 which was the first comprehensive act was brought by the Government of India. Its objective was to provide a system of reform, care and rehabilitation for abandoned, neglected and children involved in crime. It also made provision for the establishment of Child Welfare Board and children’s homes.
India ratified the United Nations Convention on the Rights of the Child 1989 (Convention) in 1992, which later led to the Juvenile Justice Act, 2000 which came into existence in India in new forms. This law was for children below 18 years of age and its objective was reformation and rehabilitation.
Key Features of the Juvenile Justice Act, 2015:
Juvenile Justice (Care and Protection of Children) Act, 2015 is in force in India. Which is to handle cases related to juveniles. Under this Act, the legal system is mainly created for those children who are either accused of crime, or who need care and protection. Generally in India, the reason for juvenile crime is often social, economic or mental. Where instead of punishing them for this, the aim should be to reform them so that they do not commit such acts again. Because the judicial approach towards crimes committed by juveniles is different from that of adults. With this thinking, the juvenile justice system has developed in India, whose legal framework operates under special acts.
I. The objective of this Act is to focus on the need to reform the juvenile rather than punish him for his crime. Here the aim is to provide care, protection, rehabilitation and reinstatement to the society of such juvenile children involved in crime. This method ensures that children get fair and humane justice keeping in mind their age, mental condition and social background. Based on this thinking, the juvenile justice system has developed in India. The latest and comprehensive form of this system is the “Juvenile Justice (Care and Protection of Children) Act, 2015” which came into force from 15 January 2016.
The purpose of this provision is to ensure accountability in cases of serious crimes. Instead of keeping such juveniles in a reformatory home, they should be kept in a structure where the protection of both society and law is maintained. Along with rehabilitation, justice and crime control are also to be ensured. From a critical point of view, some experts are of the opinion that this provision ignores the childhood and reformation potential of juveniles. On the other hand, the victim’s side and a section of the society consider it just and necessary. The decision of JJB to try a juvenile like an adult is a serious and judicial process. This reflects the philosophy of law where children are given protection but are also considered responsible and accountable, especially when the nature of the crime is extremely serious.
II. The Juvenile Justice (Care and Protection of Children) Act, 2015 has clearly defined the term “child” to ensure who are entitled to protection and justice under the Act. Here says: “A child” is a person below the age of 18 years, i.e., any person below the age of 18 years is a “child” for the purposes of this Act. It does not matter whether the person is a boy or a girl.
This clear age limit decides who will come under the juvenile justice system. Who will get the right to rehabilitation, reform and protection. Who will be prosecuted through the Child Welfare Committee or Juvenile Justice Board. The Act divides “children” into two major categories: Children in Conflict with Law, children who have committed a crime below the age of 18 years.
The Act lays down the criteria for specifying who may be a child in need of care and protection. Children who: These are (a) orphans or abandoned by their parents. (b) Victims of exploitation, violence, beggary or human trafficking. (c) Mentally or physically disabled. (d) At risk. Thus, it can be said that under the Act, every person below the age of 18 years is considered a “child” and is provided with special protection, rights and judicial process. This definition has provided a clear and broad basis for ensuring justice to children.
III. If a juvenile between 16 and 18 years of age commits a heinous crime. The Juvenile Justice Board evaluates whether he should be tried as an adult for this the Board evaluates: mental and physical capacity, understanding of the crime committed and its gravity, circumstances of the crime, possibility of reform.
IV. In the preliminary assessment under Section 15 of the Act, when a juvenile aged between 16 and 18 years has committed a “heinous crime”, the Juvenile Justice Board, with the help of experts (such as psychologists, counselors) evaluates the following:
- Mental capacity (does the juvenile understand the nature of the crime?).
- Physical capacity (can he carry it out?).
- Ability to understand the consequences.
- Circumstances of the crime.
V. Where the Board decides that the juvenile should be tried as an adult and that his mental and emotional condition is such that he was fully aware of his actions, it gives the decision that he should be tried as an adult offender. So the case is handed over to the “Children Court”. Now this case does not go to the normal Juvenile Justice Board, but to the Children’s Court (which is a special court). This court decides what kind of hearing and punishment process should be adopted on it. If the Children’s Court feels that there is a possibility of reform in the juvenile, it can send him to a reformatory home. If there is no possibility of reform in a juvenile and he is dangerous to the society, then he can be given severe punishment. The important thing here is that no matter how serious a mistake a juvenile commits, he cannot be given death penalty or life imprisonment.
VI. Child Welfare Committee an important part of India’s juvenile justice system. This committee looks into the cases of children who need care and protection. These are children who have been separated from their parents, have been exploited, are orphans, or are at risk. This was a historic change, brought about after the Nirbhaya incident.
Elections 27 to 30, According to the Juvenile Justice (Care and Protection of Children) Act, 2015: Sections 27 to 30 describe the constitution, functions and powers of the Child Welfare Committee. The Child Welfare Committee is set up in every district and is a quasi-judicial body.
VII. Child Welfare Committee is a five member committee, in which at least one woman is mandatory. Members are appointed by the state government for 3 years. The chairperson must have experience in the field of social work, child rights or law.
The main objective of this committee is to provide every child the right to protection, respect and rehabilitation. It works with the thought that every child can be identified and looked after. Deciding what kind of assistance or rehabilitation the child needs. Ensuring proper institutional or non-institutional care for orphaned, abandoned or distressed children.
Challenges Before the Juvenile Justice System
The aim of the juvenile justice system in India is to reform, rehabilitate and rehabilitate children who commit crimes and are in need of care and protection. The major challenges before the Juvenile Justice (Care and Protection of Children) Act, 2015 are as follows:
- Delay in Judicial Proceedings
- Stigma and Lack of Rehabilitation Support
- Rise in Juvenile Crime and Root Causes Unaddressed
- Technological Abuse and Online Influence
- Lack of sensitivity and resources
- Lack of trained personnel
- Trial of juveniles as adults
- Violation of special protection
- Fear of misuse of discretion
Suggestions for Improving the Juvenile Justice System
More and more priority should be given to rehabilitation-based approach. For this, there should be regular training of staff – CWC, JJB, police and social workers. Strengthening of mental health services, child counseling facility in every district. The following corrective steps can be taken to make this system more equitable and humane:
- Rehabilitation-based approach: Create special reform homes and rehabilitation programmes for juvenile offenders, where they receive education, counselling and vocational training.
- Psychological Evaluation: Any juvenile must be thoroughly evaluated for his mental and emotional state before he can be tried as an adult.
- Training of police and judiciary: Officers should be given training on juvenile justice system, psychology and sensitivity so that they can make informed decisions.
- Community-based solutions: Community-based measures such as community service, counselling, and NGO involvement should be promoted instead of prisons.
- Participation of family and society: Active role of parents, school and social organizations is necessary in the reformation of juveniles.
- Use of data in policy making: Policy making should be done on the basis of statistics and case studies related to juvenile crime, so that the reformative measures become more effective.
Conclusion
The solution to juvenile crime is not only through punishment but also through empathy and reform. We should not see them as criminals but as youth deprived of opportunities. If given the right direction, these same teenagers can become responsible citizens of the society tomorrow. The juvenile justice system provides a strong framework for protecting child rights in India, but there are many obstacles to its proper implementation. If implemented with a reformative approach, availability of resources, and sensitivity, so it can not only keep teenagers away from crime but also help them to become a capable and responsible citizen. India’s juvenile justice system is trying to find a balance between punishing the crime and rehabilitating the offender. This is a complex process that requires a legal framework, administrative will, social cooperation and emotional understanding. As long as we continue to consider this system as a mere punitive system, we will neither be able to provide justice to juveniles, nor will we be able to guide them towards a better life.
– Prof. (Dr.) D. K. Upadhyay
Faculty of Law, Madhav University, Abu Road, Sirohi, Rajasthan.