The provocation for choosing this topic for detailed analysis is the
presentation of problems relating to the study of children under the Juvenile
Justice System in India. This paper provides perspective in the light of which
detailed children's law must be made. The concept the juvenile justice system
was derived from the concept of youth crime. Young children cannot understand
the abnormal situations of life.
They are not easily accessible legal framework and criminal law processes. So
the juvenile justice system does designed to meet the care and protection needs
of children and children in conflict with only the law. One of the main roles of
the juvenile justice system has been to provide specialized and preventive
treatment services for children. A nation's children are an extremely important
asset. Their needs and care are our responsibility.
That is why it is necessary for us to raise children. Children are forever
innocent and they are ignorant of good and evil. In addition, they are not
physically and mentally fitter than adults. Children have become good citizens,
physically fit, mentally alert and morally sound, gifted with skills and the
motivation that society needs. Equal opportunities for the development of all
children during our goal should be a period of growth as this would serve our
greater purpose of reduction inequality and ensuring social justice.
History Of Juvenile Justice System In India
In modern times, a movement for special treatment of juvenile offenders has
emerged around the world, particularly in many industrialized countries such as
the United Kingdom and the United States. This movement began in the
mid-eighteenth century. Juvenile offenders were once treated the same as other
serious criminals. On November 20, 1989, the UN General Assembly adopted the
Declaration on the Rights of the Child for the same purpose. This agreement is
designed to protect the best interests of young offenders.
According to the Treaty, there will be no judicial or judicial proceedings
against juveniles to protect their social rehabilitation. The Convention urges
the Indian legislature to repeal and replace the Juvenile Justice Act, 1986 and
enact new legislation As a result, the Indian legislature enacted a new law
known as the "Juvenile Justice (Care and Protection of Children) Act, 2000".
The Juvenile Justice Act 1986, which amended the previous Children's Act 1960,
was enacted to comply with the provisions of the recommendations made in the UN
Basic Executive Regulations for Young Offenders, which were ratified in November
1985. Above the said Act was divided into 63 sections and 7 chapters and was
applicable throughout India. The main objective of the law is to provide
protection and support, as well as rehabilitation, training and treatment to
abused juvenile delinquents.
Juvenile Justice (J.J) Act, 2000
Legislation was passed in 2000 to provide protection to juveniles. The previous
one was revised twice. The aim of the modification was to resolve the
operational gap and ambiguities.
In addition, the rapid increase in juvenile violence cases in previous years, as
well as the heart-rending "Delhi gang-rape case", prompted lawmakers to pass the
legislation. The biggest drawback of this law is that the legal and regulatory
framework is incomplete and the juvenile justice structure in India is also an
important factor in prohibiting juvenile crime. This Act was soon replaced by
the J. J. Act (Protection and Care) of 2015.
Juvenile Justice System In India
To achieve this objective, the Constitution of India under Article 15(3) has
made provisions in special laws to ensure social justice for women and children.
On based on this provision, the Government of India has enacted several laws to
ensure care and protection of children. The Children Act 1960 was the first
Central Act relating to the juvenile justice system.
In 1986, Juvenile Justice (care and protection of Children) Act, the age of
delinquent children was under 16 for boys and girls under 18 years. In the 2000
law, the age of delinquent children was 18 years for both sexes. In the Youth
Justice Act 2015, the age of juveniles was set at 18 years for both sexes,
however, for heinous crimes; ages are set at 16 years for minors.
According to international documents for the rights of children, The Beijing
Rules, 1985 is a vital document for children around the world. The children are
interested was primarily considered. This rule is framed as a standard minimum
rule for every child. Under these standard minimum rules, the state will take
care of the children. United Nations CRC, 1989 strong commitment to the care and
protection of children in the whole world. In 1989, the Secretary-General of the
United Nations emphasized that the state respects the rights of every child
without discrimination of sex, birth, race, color, caste, religion, ethnicity,
India is the second largest country in the world in terms of view population. 19
percent of the world's children live in India. Almost 44 percent total
population of India is child population. In the 2011 population census age group
0-5 years (29 percent), followed by 6-10 (28 percent), 11-15 (27 percent) and
the 16-18 age group (16 percent) was reported in India. Almost 50 per every cent
of these children need care and protection.
A higher than average crime rate clearly means that urban children they are not
only victims of such violence, but are at risk of becoming part of it organized
crime, especially when faced with circumstances such as school disruption,
dysfunctional family, lack of parental care and exposure substance abuse," the
report says, highlighting the role of cities in increasing urbanization crime.
According to the report, the main crimes against children include human
trafficking, abductions, rapes and murders of newborn babies, with the girl
child being the most affected the spread of sex work in cities. In 2012,
Bengaluru (India) topped the list.88 cities across the country with 551 cases of
crime against children, Mumbai is second with 570 and Delhi is third with 363
cases, the report said with reference.
The NCRB released its report on crime in India 2015 in the month of August
82016. According to this report, there were 24 cases per million registered
under the total number of Indian Penal Code offenses in India in which 0.7number
of cases per million people were registered against juveniles in the conflict
with the law under the Indian Penal Code during 2015. 0.2 cases per million were
registered under the POCSO Act 2012 this year. Youth in conflict with of the
Act, 5.2 percent of the total number of criminal cases according to POCSO Act,
Percentages of juveniles detained in the 7-12 age group years, 12-16 years,
16-18 years are 1.46 percent, 26.70 percent and 71.84 percent respectively. An
increase was observed in the number of detained juveniles in all age groups in
2015 compared to 2014 and the highest percentage increase was in age group 7-12
years (30.6%), while the increase in crimes between the ages of 12-16 and
16-18years were 8.9 percent and 12.5 percent.
The Juvenile Justice (Care And Protection Of Children) Act, 2015
Juvenile Justice Bill introduced in Lok Sabha (House of Representatives) on
August 12, 2014, the Minister for the Development of Women and Children, Ms.
Maneka Gandhi. The bill was referred to the Standing Committee on the People
Resource Development (Chair: Dr. Satyanarayan Jatiya) in September 22 February
The committee submitted its report on 25 February 2015 delivered on 7 May 2015
Lok Sabha (House of Representatives) in the middle the extreme disapproval of
several members of parliament. It was handed over on the 22ndDecember 2015 Rajya
Sabha (House of State). Juvenile justice (Care a (Protection of Children) Act,
2015 is notified in the Gazette of India on 1 January2016 and came into force
all over India from 15th January 2016 but this law, the state of Jammu and
Kashmir will not be accepted because of Article 370Indian Constitution.
Definition Of Child
In section 2(12), the word "child" was defined in the sense that it is a child
under the age of 18 years. Section 2(35) "juvenile" means a child under the age
of 18. The word "juvenile" is defined for the first time in the 2015 Act.
Section 2 (42) "orphan "means a child who has no biological parents, guardian or
adoptive parents parent or legal guardian.
Section 2 (60) "surrendered child" means a child waived by a biological parent
or guardian or adoptive parents to physical, mental or other disabilities or a
social factor that cannot be influenced by them and the Child Protection
Committee is declared a "surrendered child". Section2 (13) "child in violation
of the law" means a child who has committed minor, serious and heinous crimes
which are known as "child in conflict with the law". In Section 2, paragraph 14,
"child in need of care and protection" means "a child who is destitute,
oppressed, deprived or oppressed in one way or another."
In case Robert Heitkamp v. Bal Anand World Children Welfare Trust, Mumbai,
, and The Supreme Court of India held that "judicial declaration can
add definition any other type of children such as mentally ill or stunted
Distinction Between Juvenile & Child
A minor is a natural person who has not reached the age of legal obligation and
responsibility or who is under 18 years of age. The accused child is not tried
as an adult and is instead transferred to a children's treatment facility, even
though a minor is someone between the ages of 16 and 18. The juvenile offender
has been charged and is being tried as an adult in court.
In general, both terms have the same definition, but the difference is in the
context of legal consequences. Juvenile refers to a child or juvenile while
juvenile refers to an immature person or young offender/offender.
Judicial Trends On Juvenile Justice System In India
Showing its solidarity with the international community and in line with its
commitment to international obligations, the Indian Parliament enacted the
Juvenile Justice (Care and Protection of Children) Act, 1986, 2000 and 2015.In
accordance with international standards and rules ensuring promotion children
who need care and protection and for better and timely treatment dealing with
juveniles in violation of the law.
The role of the Supreme Court of India and various High Courts has been very
appreciative in interpreting the provisions of the new law in a way that
advances the cause of juvenile justice. The judicial trends set by the supreme
and high courts are the main factors for it lowers judiciary. The beneficial
provisions were applied and the benefit was granted to a number of juveniles
whose cases even reached legal effect and were undergoing sentences.
It was also an effort by the courts at the time of the final disposition of the
case that an opportunity to remedy is afforded of a minor in violation of the
law through proper training and necessary security care and protection for the
absorption of juveniles into the mainstream of life.
The Supreme Court of India in Gaurav Jain v. Union of India
negotiations with a written proposal according to Article 32 of the Constitution
regarding a difficult situation prostitutes or fallen women and their offspring,
spoke of the preamble of the Constitution and stated that it is an integral part
of the Constitution of India and that children have the right to equality of
opportunity, dignity and care, protection and rehabilitation of societies with
both hands open to bring them into the mainstream of social life without a
pre-stigma being imposed on them through no fault of their own his or her.
In Laxmikant Pandey v. State
, The Supreme Court of India observed that
every child has the right to love and affection and to moral and material
security, and that is possible if the child is being raised in a family and
international adoption should take place be allowed after exhausting adoption in
In Subramanian Swamy v. Raju Thr
. member of the Council for Juvenile
Justice, Some occurrence becomes a kilometer that shook the psyche of a society
or a nation. One such case the Delhi Gang Rape Case which took place in December
2012 in running bus where, 6 people, one of the homes was a few months less than
18gang-raped a 23-year-old university student. Accordingly, the accused the
juvenile was tried in JJB was sent to a special home for three years. The irony
of the law is that even after committing the heinous crime of rape and murder
including inserting an iron rod into the private part of the victim, a juvenile
could move freely in society.
In the specific case, Dr. Subramaniyam Swami, Member of Rajya Sabha, Ex Law
Minister and Senior Advocate of the Supreme Court has moved to the Supreme Court
India seeks court order banning release of set juvenile from a special home. The
Supreme Court of India has expressed its inability to prevent this release of a
deployed minor, as the current law does not allow for this, and requested. Swami
to approach the Parliament of India for the necessary change in the laws
increasing the penalty in such cases. It wouldn't be taken out of context here
to mention that the deployed juvenile was kept in a special home along with the
accused Delhi Blast Case. One can thus easily imagine the influence of the
accused in the blast on a sad cub and vice versa.
It was further observed that the cub was released from the observation home and
a strange home was found to commit a more heinous crime. So the question
naturally arises whether this reformatory is able to serve the purposes for
which these houses were established.
The rising rate of youth crime in India is a serious problem that should be
adequately addressed. Although the Govt. enacted a number of laws and
regulations to reduce youth crime, the current juvenile laws do not have a
deterrent effect on juvenile offenders, so the results are not productive and
the legislative intent is not fulfilled.