JUVENILE
JUSTICE
THE PURPOSE OF THE PROJECT
The purpose of the Juvenile Justice (Care and Protection of Children) Act in
India is multifaceted, aiming to address the unique needs and vulnerabilities
of children in conflict with the law while ensuring their rights and well-being
is protected.
Firstly, the Act seeks to provide a child-centric approach to juvenile justice,
recognizing that children are still developing and may not fully comprehend
the consequences of their actions. It aims to rehabilitate and reintegrate
juvenile offenders into society through counseling, education, and vocational
training, rather than focusing solely on punishment.
Secondly, the Act aims to protect the rights of children involved in the
justice system. It guarantees juveniles certain fundamental rights, including
the right to legal representation, the right to a fair trial, and protection
against any form of abuse or exploitation.
Additionally, the Act establishes specialized juvenile justice boards at the
district level to oversee cases involving children, ensuring that legal
proceedings are conducted in a child-friendly manner and that the best
interests of the child are paramount.
Overall, the Juvenile Justice Act serves to promote the well-being,
rehabilitation, and protection of children in conflict with the law, while also
emphasizing the importance of prevention and reintegration into society to
reduce recidivism rates and foster positive outcomes for young offenders.
CONCEPT
Juvenile justice refers to the legal and social framework designed
to handle minors who have committed crimes. The concept is
rooted in the understanding that children and adolescents are
developmentally different from adults and thus require different
treatment under the law. The primary goals of juvenile justice
systems are:
Rehabilitation: Rather than focusing solely on punishment,
juvenile justice emphasizes the rehabilitation and
reintegration of young offenders into society. This approach
aims to address the underlying causes of delinquency and
provide opportunities for personal growth and development.
Protection: Juvenile justice systems seek to protect the
rights and well-being of minors involved in the justice
process. This includes safeguards against abuse,
exploitation, and ensuring fair treatment within the legal
system.
Prevention: By addressing the root causes of juvenile
delinquency and providing appropriate interventions,
juvenile justice systems aim to prevent future criminal
behavior among young offenders.
Individualized Justice: Recognizing the diversity among
juvenile offenders, the system often employs individualized
approaches to address the unique circumstances and needs
of each minor.
Restorative Justice: Some systems emphasize restorative
justice principles, where offenders are encouraged to take
responsibility for their actions, make amends to victims and
the community, and work towards positive behavioral
change.
PROVISIONS
(HISTOTY OF PRE-INDEPENDENT INDIA)
In pre-independent India, the approach to juvenile offenders was
largely influenced by traditional socio-cultural norms and informal
community practices rather than formal legal structures. Some key
provisions and practices included:
Informal Community Mechanisms: Communities often relied
on local councils, elders, or religious leaders to resolve disputes
involving juveniles. These mechanisms focused on reconciliation,
restitution, and moral guidance rather than punitive measures.
Familial Discipline: Within families, parents and elders played a
significant role in disciplining and guiding children. Discipline was
often viewed as a means to instill values and social norms rather
than solely as punishment for wrongdoing.
Religious Teachings: Religious teachings and scriptures often
emphasized moral development, ethical behavior, and
responsibility towards others. These teachings influenced societal
attitudes towards juvenile offenders, promoting forgiveness,
compassion, and opportunities for rehabilitation.
Colonial Influence: During the British colonial period, legal
systems introduced by the British often did not differentiate
between juvenile and adult offenders. The Indian Penal Code of
1860 and subsequent laws primarily focused on criminal liability
based on the severity of the offense rather than the age of the
offender.
Limited Formal Legal Framework: There was a lack of a
comprehensive juvenile justice system with specialized
procedures and institutions dedicated to addressing the needs of
juvenile offenders. Children who committed offenses were often
dealt with under general criminal laws without specific
consideration for their age, maturity, or developmental stage.
PROVISION OF THE ACT
The provisions of the Juvenile Justice (Care and Protection of Children)
Act, 201 (amended in 2021), form the backbone of juvenile justice in
India. Here are key provisions:
Definition of Juvenile: The Act defines a juvenile as a person
who has not completed eighteen years of age. This ensures that
individuals under this age are treated differently from adults
under the criminal justice system.
Differentiated System: Establishes separate procedures and
institutions for juveniles in conflict with the law, such as Juvenile
Justice Boards (JJBs) and Child Welfare Committees (CWCs).
These bodies handle cases involving juveniles, ensuring their
rights and rehabilitation is prioritized.
Rehabilitation and Social Integration: Emphasizes
rehabilitation and reintegration of juvenile offenders into society.
The Act mandates the creation of observation homes and special
homes where juveniles can receive care, protection, and
counseling rather than being imprisoned with adult criminals.
Protection of Rights: Ensures that juveniles have the right to
legal representation, fair treatment, and protection from physical
or mental abuse during judicial proceedings. It also prohibits the
publication of the identity of juvenile offenders.
Sentencing and Disposal of Cases: Prescribes specific
procedures for the inquiry, trial, and disposal of cases involving
juveniles, focusing on their best interests and the principle of
reformative justice.
Role of Juvenile Justice Boards: JJBs are responsible for
conducting inquiries into alleged offenses by juveniles,
determining appropriate measures for their rehabilitation, and
overseeing their progress. They aim to balance accountability
with opportunities for reform.
TYPES OF CASES
Property Offenses:
Case: In December 2021, juveniles in Delhi were involved in
multiple thefts targeting parked vehicles in residential areas.
Punishment: The juveniles were placed under probation and
ordered to undergo counseling and community service.
Violent Offenses:
Case: In March 2023, a juvenile in Mumbai was apprehended for
assault and causing grievous harm to another minor during a
school altercation.
Punishment: The juvenile was sent to a juvenile correctional
facility for a period of 6 months as per the Juvenile Justice Act.
Drug Offenses:
Case: In September 2022, a juvenile in Hyderabad was caught
with illegal drugs in their possession, leading to charges under
the NDPS Act.
Punishment: The juvenile was placed under institutional care
and rehabilitation for drug de-addiction and counseling.
Sexual Offenses:
Case: In January 2024, a juvenile in Bangalore was accused of
sexually assaulting a younger child in their neighborhood,
triggering legal action under the POCSO Act.
Punishment: The juvenile was sent to a juvenile home and
required to undergo rehabilitation and psychological counseling.
Cyber Crimes:
Case: In August 2022, a juvenile in Pune was investigated for
cyber bullying and online harassment of classmates, prompting
intervention by law enforcement and school authorities.
Punishment: The juvenile was ordered to attend counseling
sessions and issued a warning by the Juvenile Justice Board.
Traffic Offenses:
Case: In October 2023, a juvenile in Jaipur caused a road
accident while driving without a valid license, resulting in injuries
to pedestrians and damage to public property.
Punishment: The juvenile was fined and required to attend a
driver improvement program.
Status Offenses:
Case: In May 2021, a juvenile in Kolkata repeatedly ran away
from home, prompting police and social welfare interventions to
address underlying family issues.
Punishment: The juvenile was placed under the supervision of a
probation officer and provided with family counseling and support
services.
CONCLUSION
In conclusion, the Juvenile Justice Act in India represents a
significant advancement towards ensuring that juvenile offenders
are treated fairly, with a focus on rehabilitation and reintegration
rather than punitive measures. The Act's provisions aim to
protect the rights of juveniles, provide them with necessary care
and support, and prevent reoffending through effective
rehabilitation programs.
However, challenges remain in effectively implementing these
provisions across diverse socio-economic and cultural contexts,
ensuring adequate resources for rehabilitation, and addressing
public perceptions and concerns regarding juvenile crime. Moving
forward, there is a need for continuous evaluation, improvement,
and adaptation of juvenile justice policies to better meet the
evolving needs of young offenders and society as a whole.
This structured approach should provide a comprehensive
understanding of the Juvenile Justice Act in India, its
implementation, and its implications for juvenile offenders and
the broader community.
BIBLIOGRAPHY
1. https://blog.ipleaders.in/all-about-juvenile-justice-act/
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3. https://odishapolicecidcb.gov.in/sites/default/files/Juvenile%20Justice%2
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4. https://timesofindia.indiatimes.com/topic/juvenile-crime
