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.
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 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
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 manusmriti 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.
For example, 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.
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.
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.
CRPC between 1861
to 1898 in 3 section 298 399 in 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 16 years of age for boys and 18 years of age for
- 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 act are:
- 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. The act 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.
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
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 in 2012, in which one of the defendants was a juvenile who was just a
few months shy 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:
This act distinguishes children between the age
group of 16-18 years as a category where they can be tried as an adult where
they have committed a heinous crime, a heinous offence is offence which attracts
the punishment of 7 years and above but does not make it mandatory. It said that
the age of juvenile can't be reduced but rather for heinous offences they would
tried as an adult.
Three criteria under which they can be tried as an adult for heinous crimes:
- Mental and physical capacity
- Ability to understand the consequences
- Circumstances.-whether the child new about the circumstances in which
the crimes where committed.
After this the case is transferred to designated children's courts by the board
and the children court has to decide whether the decision of board is correct or
not. The basic principle of juvenile justice act 2015 has incorporated
fundamental principles that where part of the earlier juvenile justice rule 2008
with some modifications into section 3 of the act in this principles having a
greater standing in law.
The section contains 16 principles which the state
government, central government and the JJ board and other agencies must be
guided by in the administration of the act, these include principle of dignity
and worth participation, best interest, family responsibility, right to privacy,
non discrimination and confidentiality, applying principle of non stigmatizing
semantics( stake holders should avoid labeling them as rapist, murders and
prostitutes who are who victims of child trafficking) .
There are two institution one juvenile justice board who deals with children in
conflict with the law and children welfare committee for children in need of
care and protection.
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
- 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
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
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 recognised 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. Searches
were 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
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 of the IPC.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
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 children.
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.
- 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.
- 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
Award Winning Article Is Written By: Ms.Shruti Verma
Authentication No: MR308559427518-27-0323
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