Children who have conflicted with the law and need care and protection.
Children are considered the greatest asset of any society or Nation that is why
children should be grown as responsible citizens, mentally alert, physically
fit, and morally healthy so they can contribute to the betterment of society.
Due to various reasons, children indulge in crime. Juvenile System of law that
is indented to protect the human rights of minor or underage person who have
accused of offences or have been abandoned or neglected by their parents or
guardians. Its aim is for rehabilitation than adult criminal justice.
Article 15 of the constitution guarantees special attention to children through
necessary and special laws and policies that safeguard their right. The Articles
15(3), 39 (e) and (f), 45[4 ]and 47 of the Constitution of India confer
powers and impose duties on the State to ensure that all the needs of the
children are met and their basic rights are fully protected.
The term juvenile has emerged from the Latin word juveniles which mean young.
And as per juvenile justice act the term juvenile refers to a child below the
age of 18.Fundamental principle of law say that if unequal's are brought
together are bought one platform and treated in the same manner that would
result in inequality not equality and children are different from adult.
Also children's are venerable section of society hence juvenile require humane
approach.Exploitaion, neglected. Putting jails with adult would not help them to
rehabilitate rather become criminals. They don't understand that due to their
young age and the potential consequences of their actions, children should not
be subjected to the same punishments as adults.
Evolution Of Juvenile Justice System In India
Evolution of juvenile justice system in India can be divided into 6 faces
through reference to treatment of children to legislative development the
duration intervention as well as other government policies. Prior to 1773 we
have Hindu law and Muslim law Hindu's used to follow Manu smriti where is
Muslims use to follow Sharia law.
Both the laws governed this the society and emphasis on proper upbringing of a
children as the sole responsibility of a parent they have to take care and
protect the children. If they were unable to do that then someone from their
community used to take care of the child.
Under the Muslim law if a abandoned child was found and feel that this child
would be harmed then the person who found the child was under the duty and
obligation to take care of the child. While comparing these two regulations, we
see that children were penalized for crimes in various ways.
, a Hindu child who was caught throwing trash in a public area
had to clean it up whereas an adult had to pay a fee. There is a more detailed
induction in Muslim law that prohibits the execution of children. The other
traditional text so demonstrates that children were considered differently from
adults and that, when actions involving the care or survival of a child were
taken, they were not held entirely accountable.
1773-1849-.After the crown acquired control in 1608, the East India Company was
established as a trade firm. Between 1773 and 1815, numerous committees were
founded with a focus on children in jails. The charter act of 1833 changed the
company's commercial position to that of a governing body. For Bal Krishna
Chandra, this system of child welfare took on various shapes.
The then-governor general is contacted by Ghoshal and J.Narayana Ghoshal in
order to set up residences for young people in need in the important training
city of Calcutta. Since the first ragged school for squatters and orphans was
founded in Bombay in 1843. The intention was to reform the young offenders who
had been detained by luring them into employment through industrial training and
apprenticeship. led to the 1855 apprenticeship act's passage as well.
The printer ship act was passed in 1850 to keep juveniles out
of jails, and according to the report of the all India jail committee, minors
were kept apart from the criminal court system up until 1920. During this time,
a number of laws specifically pertaining to children were passed, the first of
which gave minors a unique status through the apprenticeship act.
The age restriction for criminal culpability of dominance was subsequently set
by sections 82 and 83 of the Indian Penal Code of 1860. Children were shielded
from the criminal justice system by the established parts until they had grown
cognitive faculties to comprehend the nature of their conduct's between 1861 to
1898 in 3 section 298, 399 and 562 prescribed for separate trial for the person
below the age of 15 years and required that they should be confined in
reformative than in adult prison.This change the approach towards treatment of
the Juvenile from punishment to reformation. Whipping act of 1864 also came into
Juvenile justice act of 1986
first formal attempt by the Indian government at streamlining and formulating a
specific law for juveniles in India. some important provision of 1986 act are:
Juvenile justice care and protection act 2000
- It defined a Juvenile as a 16 years of age for boys and 18 years of age
- children Where classified under 2 categories one is Juvenile delinquency
that is children under the prescribed age committed and offence and second
neglected juveniles who needed care and protection from the state and state
- Act prohibited arrested child from being detained in police custody or
in jail under any circumstances.
- Establishment of Juvenile courts and Juvenile welfare boards.
- once the proceedings are completed the neglected juvenile where sent to
Juvenile homes where the juvenile delinquents were kept in special home for
a prescribe period of time.
India had ratified the UN convention on the rights of the child in 1992 the need
to bring the domestic law in conformity with the newly evolved and developed
international standards that India had a great to be bound by hence years of the
effort focus on revamping the Juvenile justice system law which adopted a new
philosophy and new structure and a new institution. Some of the features of this
- Children in conflict with the law means juveniles who have committed an
offence while children in need of care and protection include those who are
being or is likely to be grossly abandoned abused tortured or exploited for
the purpose of sexual abuse or illegal act.
- Also provided for the establishment of separate homes for different age
groups in order to separate the younger of endorse from the mature of
juveniles this was inconformity with the Beijing rules status on
administration of Juvenile justice
contemplates remand homes for juveniles and child welfare committee in every
district and provides for four types of homes for juveniles -observation homes,
special homes, children homes, shelter homes.
The act incorporates the international standards and includes a provision
stating that the child's right to participation in proceedings pertaining to him
or her (sec 12). This act also clearly recognizes that civil society needs to be
involved significantly if true justice is to be provided to all children.
Special Juvenile police unit was established to effectively handle juveniles for
every police station to have a job in or have child welfare officer who is
supposed to be trained and oriented to treating juveniles with care. But there
was certain criticism for this act like the act is violative of the existing
human rights standards which have been evolved by the states at the
international level even though its preamble indicates that the law attempts to
be inconformity with the same and incorporate the international standard into
The best interest principle contradicts with the right to
participation principle which is also incorporated in the act reading to a
confusion as to whether or not a child opinion on his or her best interest can
be overwrite adults imposition of the same through the law.
Crucial rides in
international legal standard such as child's right to life, right to equality
and non discrimination right to human treatment and dignity, right against
torture, cruelty, inhumane or degrading treatment or punishment this are
important right but where not incorporated in 2000 act given the fact that many
children face abuse and exploitation in child care institution were important.
Adequate infrastructure facilities failure of many privately run children's
institution to register under the law abuse including sexual abuse in government
run as well as privately run institution and the poor implementation of the
monetary mechanism such as surprise visits to the child care institutions have
further undermine the effectiveness of the law.
Amendment Of 2006- 2000
Act was amended in 2006 with the intention of establishing a legal framework for
the juvenile justice system in the nation. The amendment act also had the
intention of defining the machinery and infrastructure necessary for the same,
establishing norms and standards for administration of the juvenile system in
India, and establishing links and coordination between the formal system and the
voluntary efforts in the welfare of juveniles.
The 2006 act provide for the
establishment of various kinds of institutions such as one -children's homes for
the reception of the children in need of care and production. Second-for
reception of children in conflict with the law. Third- after care organizations
this would take care of human health after that this discharge from children
home or special home. Fourthly- observation homes which are made for the
temporary reception of children's during the pendency of any inquiry.
The 2006 amendment reduce provisions pertaining to adoption in the Juvenile
justice act provides for the court to allow giving a child in adoption to
another irrespective of that persons marital status, irrespective of whether or
not the adopting parents already have a child with the same sex as the child
which is to be adopted to childless couple as well as though who have biological
children. In other way we can say that it broadened the provision on adoption of
children in need of care and protection, a secular law was available governing
adoption of non Hindus as well as Hindus.
Aftermath Of Nirbhaya Case
The 2008 act was replaced by a new law that was passed in 2015. The Delhi gang
rape case, 2012, in which one of the defendants was a juvenile who was just a
few months away of 18 years old, contributed to the panic that led to the
juvenile justice act of 2015. He was sentenced to a three-year stay in a
reformatory home after being found guilty under the juvenile justice statute,
and he was freed in 2015. Some people want to lower the age of juveniles covered
by the law for serious crimes despite not knowing the philosophy of the juvenile
Salient features of 2015 act
While a juvenile was formerly classified as a person under the age of 18,
youngsters between the ages of 16 and 18 may now be charged as adults if they
commit severe crimes. If a minor (16 to 18 years old) is apprehended after
becoming 21, he or she may be forced into prostitution as an adult.
copy treated by the Juvenile classified into three categories in any offences
which prescribes a minimum of 7 years of imprisonment on serious offences
attracts three to seven years of imprisonment and a petty offence prescribe
three or less years of imprisonment.
Juvenile justice board
Child welfare committee:
- By the law, there must be two female social workers, a metropolitan
magistrate, and juvenile justice boards in each area.
- The juvenile justice board will carry out an initial investigation into
an offence committed by a juvenile within a given time frame and decide
whether to send the juvenile to a rehabilitation centre, children's court,
or to have them tried as adults. The board may seek assistance from
psychologists, psychosocial workers, and other experts in order to make this
Heinous crimes (16-18yrs)
- The law also mandates the establishment of child welfare comedies in each
district with a chairperson and four other members who have experience in
dealing with children.
- Made an effort to speed up the adoption process for often abandoned and
surrendered children by giving the central adoption resource agency the
authority to create guidelines for adopting children who need care and
protection both inside and outside of the country.
- At least one of the four members must be a woman. The committee makes
the decision of whether a large child should be placed in an institution,
put up for adoption, or receives quicker care.
- The act has made an effort to speed up the adoption process for often
abandoned and surrendered children by giving the central adoption resource
agency the authority to create guidelines for adopting children who need
care and protection both inside and outside of the country.
- While there is no bad to single divorced widowed or spinster men and
women adopting a child a single man is prohibited from adopting a girl
child. 2015 act also introduced for the first time through section 44
-families would register within the government and volunteered to foster At
least one of the four members must be a woman. The committee makes the
decision of whether a large child should be placed in an institution, put up
for adoption, or receives quicker care.
There is no need to subject them to a different or adult judicial system because
doing so would violate articles 14 and 15(3) of the constitution. The current
human system is not only reformative and rehabilitative in nature, but it also
acknowledges that the age of 18 is an extremely sensitive and critical age and
requires a greater output.
The Supreme Court in their judgment in sali Bali case- 'the age of 18 has
been fixed. The standing committee submitted these proposals, which the
parliament rejected. on account of understanding of experts in child psychology.
Behavioral pattern that till such an age the children in conflict with the law
should still be redeemed and restored to mainstream society.
Subramanian swami vs. Raju:.
A young woman was sexually and physically abused
by five people, and she ultimately passed away as a result of her injuries, the
top court noted in Judgment. One of the five people detained in connection with
the crime was under the age of 18 on the day it was committed. His case was
forwarded to the Juvenile Justice Board in accordance with the Juvenile Justice
Act, 2000 ("Juvenile Justice Act" or Act).
The youngster should be tried as an
adult in a regular criminal court, according to a number of petitioners. The
Juvenile Justice Act's meaning is obvious and unmistakable, and it was intended
by the legislature that all people under the age of 18 be placed in one class or
group for the purposes of providing a unique process for their investigation,
prosecution, and punishment for crimes they commit.
This is being done to
advance and put into effect the opinions of the world community that India has
shared by signing the conventions and treaties mentioned. The Constitution does
not prohibit such categorization when the class's broad characteristics are
distinguishable and identifiable and the classification is rationally related to
the purpose being addressed.
The laws of a sovereign country cannot be dictated
by international law or practice, and the Court notes that there is a sizable
body of consensus worldwide that all people under the age of 18 should be
recognized as juveniles and given special treatment for crimes they have
committed The object is to ensure their rehabilitation and to enable young
offenders to become useful members of society in later years4.
The provision is
grossly violative of Indian constitution international system which India has an
obligation to comply with. Darga Ram v. State of Rajasthan-  The victim,
Kamla, went to sleep with other children in a nearby location. When the
complainant, who is the victim's father, arrived home, he discovered that she
was missing, implying that she may have gone to a relative's home.
conducted at the homes, but she was not located. The search was extended to the
village's outskirts, where a member of the community discovered the victim's
dead body. During further investigation, it was discovered that Kamla had been
raped and died by having a stone crushed over her head in accordance with
section 302 and 376[10 ]of the IPC (INDIAN PENAL CODE). The police for the
investigator and arrested dargah Ram was - dumb and illiterate adolescent on
the basis of the injuries found on his private part along with blood stains. The
high court and the session court convicted the appellant under the IPC section
and awarded him life imprisonment. final appeal the print rays the additional
play of juvenility on the date of the commencement of the crying this is the
appellate was illiterate and do not have evident document like school or any
other certificate the code directed the medical college of Jodhpur for medical
examination of the apparent after all the procedures were done the age of the
appellant was found between 33 to 36 years of age.
According to Rule 12(3)(b) of
the Juvenile Justice Act, 2000, in the absence of a matriculation certificate,
birth certificate from the school, and birth certificate from the municipal
corporation, the court shall make an inquiry and take such evidence as may be
necessary to determine the age of the child. Section 7A of the Juvenile Justice
Act, 2000, which states that whenever it is argued that the accused was a
juvenile on the date of the commission of an offence.
However, the lower court
ordered the life imprisonment which the appellant had already suffered for 4
years. The appellant's hearing and speech impairments never attracted Section
2(d)(iii) of the JJA, 2000 which protects physically and mentally challenged
The Provision is regressive in nature as it moves to watch the retribution and
incarnation rather than reformation rehabilitation and mainstreaming of the
Juvenile in society. Ncpcr- says- in principle are country has one of the most
advanced Juvenile system in the world today with a strong child Central focus
and clear separation between adult and child jurisdictions.
However there is a
long way to go in the Juvenile justice system and implementation and realization
of this system children ended of was then what they were before they entered the
Juvenile justice system with abuse and a lack of access to basic necessities and
entitlement and health. The Dominican system adopts a more restorative approach
than the adult criminal system, and the main objective of the juvenile justice
system is to maintain public safety.
It facilitates skill development,
rehabilitation, and successful reintegration of the youth in our community.
Adolescents would learn from successful cases of youth without exposure to this
reality or to the severity of adult prisons. As youth were involved with doing
crimes have faced difficulties that made them do certain crimes. Juvenile just
system is important because giving a second chance and a life for their better
future is necessity the main goal of the Juvenile justice system is to
rehabilitation of the young offenders in the country.
- Nothing in this article shall prevent the State from making any special
provision for women and children.
- that the health and strength of workers, men and women, and the tender
age of children are not abused and that citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength;
- That child are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and that childhood
and youth are protected against exploitation and against moral and material
- Provision for free and compulsory education for children The State shall
Endeavour to provide, within a period of ten years from the commencement of
this Constitution, for free and compulsory education for all children until
they complete the age of fourteen years
- Mukesh & Anr vs. State For Nct Of Delhi & Ors on 5 May, 2017.
- Salil Bali vs Union Of India & Anr on 17 July, 2013 .
- Dr. Subramanian Swamy And Ors vs Raju Thr.Member Juvenile Justice ... on
28 March, 2014
- Darga Ram @ Gunga vs State Of Rajasthan on 8 January, 2015.
- Punishment for murder.-Whoever commits murder shall be punished with
death, or 1[imprisonment for life], and shall also be liable to fine.
- punishment for rape
- Punishment for rape.
- who is mentally or physically challenged or ill children or children
suffering from terminal diseases or incurable diseases having no one to
support or look after.