An Analysis Of The Juvenile Justice Boards In India
Author: LawSphereX
Category: Criminal Law
Published:
Updated:
AN
ANALYSIS
OF THE JUVENILE JUSTICE BOARDS IN INDIA Tirath N Shah, School of Law, Christ (Deemed to be University), Bangalore, Hosur Main Road, Bhavani Nagar, Post, Bengaluru, Karnataka
ABSTRACT
In the ever-developing society that we live in children are considered as one of the most important assets of a nation. A nations wealth these days is calculated by the number of its youths. Hence, wealth in the current society lies in the quality of youth that a country holds. India is a country whose one third population comprises of children. Therefore, it is important that the legislative framework that governs such an important part of our country be effective and efficient in its provisions. The current system that governs the children in conflict with law is the Juvenile Justice (Care and Protection of Children) Act, 20151. This act provides with various mechanisms that are to be used whilst dealing with the children in conflict with law.
This paper seeks to analyse the current juvenile justice system in India in relation to the contemporary happenings of the country and determine whether the current system is effective and efficient not merely in a theoretical way but also in a practical way and also the alignment of the provisions of the act to international standards such as the UNCRC2. This paper further seeks to analyse the working of the juvenile justice boards in India in respect of the nature of the punishments given i. e. the reformative approach of the act and seeks to critique the same using recent cases and journal articles. This paper uses a doctrinal and qualitative method of research wherein various primary sources such as statutes, international agreements are used, this paper also uses various secondary sources which include cases, journal articles and so on.
Further, this paper seeks to provide various recommendations and suggestions regarding the current status of juvenile justice system in India. Keywords: Children, India, Juvenile Justice Act, Reformative Approach, UNCRC.
1 Juvenile Justice (Care and Protection of Children) Act, 2015, India
2 Convention on the Rights of the Child, Nov. 20, 1989, 1577 U.N.T.S. 3, https://www.unicef.org/child-rightsconvention/convention-text.
1. Introduction
Children are considered as one of the most important assets of a country. This statement is applicable also to the Indian society. According to a prominent American writer and professor Isaac Asimov. “Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition”3. This quote is one such quote which shows the importance of children in the society that we live in. The importance of children in our country is reflected by the vast numbers, i. e. about one third of our nation’s population consists of children as of 2023. This shows us the impact children have on our society. Hence, it is important that the legislative and judicial framework that governs such an important sector of Indias society be flawless.
This paper critically analyses the current judicial and legislative framework that governs children in India specially, the children in conflict with law, in other words ‘Juveniles’. “India is a home to almost 19% of the world' s children. More than one-third of the country' s population, around 480 million, is below 18 years. A total of 560 million are below the age of
25 years (54% of the population). According to one assumption, 40% of these children are in
need of care and protection, which indicates the extent of the problem, in a country like India with its multicultural, multiethnic, and multireligious population, the problems of socially marginalized and economically backward groups are immense, within such groups, the most vulnerable section is always the children. 4” Indias Juvenile Justice system is regarded as a mixture of social, legal and ethical ideologies. The legislative framework originated when India signed the United Nations Conventions on Rights of Children (UNCRC)in 1992, the ratification of which led to the enactment of the Juvenile Justice (Care and Protection of Children) Act 2000, this act was later substituted by the current act. The Juvenile Justice (Care and Protection of children) Act 2015 is the primary legislation that deals with the children in conflict with law, i. e. Juveniles.
The Juvenile Justice (Care and Protection) Act 2015 deals with juvenile delinquency and other offences that are related to children in conflict with law. This act through its various mechanisms such as the establishment of juvenile justice boards which are special courts that are established to deal
3 Isaac Asimov, Introduction to James Randi, Flim-Flam xiii (1982).
4Chandrakant SP, Child in India, 50 Indian J. Psychiatry 85, 85-86 (2008). with juveniles. This paper identifies the gaps and loopholes in the current system that deals with the children in conflict with law as they are the future assets of our country.
2. Literature Review
A. Parliament of India. (2015). Juvenile Justice (Care and Protection of Children) Act, The Juvenile Justice (Care and Protection) Act 2015 is the primary piece of legislation that deals with the offences related to children in conflict with law and other aspects such as juvenile delinquency and so on. The act establishes various mechanisms such as boards to ensure the efficient working of the provisions of the act. The act defines a ‘child’ as a person who is below the age of 18 years, the same is in accordance with other prominent statutes such as the newly incorporated Bhartiya Nyaya Sanhitha which also sets the same age for a child i. e. 18 years. However, all of this is too theoretical and in reality, the provisions of the act do not work as efficiently as intended by the makers. B. Rini Rastogi (2023), Critical analysis of Juvenile Justice Systems in India, 2 LEGAL LOCK J.
18 This paper critically analyses the current juvenile justice systems in India. This paper delves into the major shortcomings of the current system that in turn act as an hinderance for it to fulfil its purpose, i. e. to serve justice to the children in conflict with law. The author in this research article identifies a major shortcoming in the current system i. e. the current system at times fails to deliver justice according to the gravity of the offence committed. Further, this research article explains all the other alternatives that were proposed at that time to prevent the juveniles getting away with heinous crimes such as rape, murder and so on. Alternatives proposed by the J. S. Verma committee are discussed in this article in depth as they are a better alternative to the current system.
This paper also uses various cases such as the infamous Shakti Mills rape case to contend the same line of arguments. C. Ranchana (2023), Role of Juvenile Justice Systems in India, 2 LEGAL LOCK J. 27 This journal article analyses the Juvenile Justice system through a judicial perspective and draws out on major conclusions and identifies the major shortcomings of the same. This article explains the current nature of our Juvenile Justice system which focuses primarily on reformative measures. This approach is useful as the act deals with children in conflict with law, however there are instances where this reformative approach acts as a mere burden as some offences are heinous in nature and the offenders need to be treated as equal offenders to the crime as adults failing which would lead to injustice to the victims or injured parties.
Further, this article identifies a tri-fold argument around which it draws upon its conclusions on the current problem. Additionally, the author in this paper elaborates extensively on the mental capacity, i. e. the understanding capacity of a child in respect to the act/offence committed by him/her.
3. Statement of Research Problem
Children are considered as one of the most important assets of a nation. Hence, it becomes necessary that the legislative and judicial framework that governs this section of the society should be efficient and effective. However, the contemporary system that governs the children in conflict with law in India is not very efficient and has major shortcomings which include, the nature of the provisions of the act which at times act as a hinderance while administrating justice depending on the nature of the offence committed. Also, there exists a huge gap between the theoretical provisions of the Juvenile Justice (Care and Protection of Children) Act 2015 and the practical effectiveness of the same.
4. Research Methodology
This research paper employs a qualitative and doctrinal approach, which is best suited for the current topic. This paper extensively examines primary sources like working papers, international treaties and convention and statutes; conducting critical analysis. Additionally, this paper has drawn on secondary sources such as books, journals, and case studies to analyse the implications of granting property rights of outer space equally to all the countries and the repercussions of the same.
5. Research Objectives
The following are the objectives of this research;
1. To analyse the evolution and nature of the current system that governs the children in
conflict with law.
2. To critically analyse the legislative framework that governs the children in conflict with
law.
3. To critically analyse the Juvenile Justice Boards and other judicial mechanisms that are
established under the Juvenile Justice (Care and Protection of Children) Act 2015.
4. To analyse the contemporary happenings of the country and reflect the same on the
current juvenile justice system that prevails in India.
6. Research Questions
This research identifies the following research questions;
1. Whether the current provisions of the Juvenile Justice (Care and Protection of
Children) Act are in accordance with the nature and intent of the act?
2. Whether the contemporary judicial mechanisms are effective and in accordance
with the current happenings of the Indian society?
3. Whether the Juvenile Justice (Care and Protection of Children) Act 2015 is working
effectively and efficiently towards the current needs of the society.
7. Data Collection
7.1 The Evolution and Nature of Juvenile Justice in India
To conduct an analysis of the contemporary system of Juvenile Justice in India, it is important to understand what the nature of the system is, i. e. on what basis was the current system adopted what were the political and legal circumstances then. The concept of juvenile justice emerged quite late in India compared to other developed societies such as the U. K. and USA. As we know India is a country that has a rich heritage and has its history deeply rooted in the customary laws and traditions that the various communities followed in India. Hence, it can be observed that ‘Juvenile Justice’ as a distant concept did not emerge until India was subjected to colonial rulers such as the Britishers. Before the British rule in India the laws that governed people were the customary laws of the Hindu and Muslim communities.
These laws did not provide specifically for offences committed by children or Juveniles. As the Britishers invaded India the laws of Great Britain were modified according to India and were applied in major presidency towns i. e. Bombay, Madras and Calcutta. The English idea of providing a separate treatment to juvenile offenders as distinct to that of adult criminals in India was passed as late as in the last quarter of the nineteenth century and all the subsequent Indian Children’s Acts were primarily inspired from British legislations. The earliest special law that was dealt with children in conflict with law was the Apprentices Act of 1850, this act allowed the courts to treat children (between the ages of 10 to 18) who committed petty crimes as apprentices rather than sending them to prisons.
5 The latter part of the colonial rule in India saw a series of acts such as the children’s act which were amended again and again according to the needs and circumstances. The concept of Juvenile justice took a great turn in India after the United Nations enacted the United Nations Convention on Rights of Child (UNCRC). In the year 1989 the leaders form across the world made a historical commitment to the children of the world by adopting the United Nations Convention on Rights of Child. The UNCRC is an international agreement that deals specifically with children across the world. The convention is drafted in such a way that it takes into consideration the various social circumstances and is applicable to all such circumstances, hence, the UNCRC is the most ratified treaty in history. 6 India became a part to the UNCRC in the year 1992.
The ratification of this treaty led to the enactment of the Juvenile Justice (Care and Protection of Children) Act of 2000. This act was the first act in India that provided specifically for the offences committed by children after India signed the UNCRC. However, this act, although being the first to specifically deal with juvenile offenders or children in conflict with the law, was substituted by the current Act, i. e. the Juvenile Justice (Care and Protection of Children) Act, 2015. This change was due to the infamous Nirbhaya rape case which led to the Apex court identifying the shortcomings of the act of 2000. Hence, the act of 2015 was enacted with several changes as compared to the act of 2000. 5 Usha Razdan, Apex Court Towards Humanizing the Administration of Juvenile Justice, 33 J. Indian L. Inst.
366 (1991), http://www.jstor.org/stable/43951373.
6 United Nations International Children’s Emergency Fund (UNICEF), Convention on the Rights of the Child, UNICEF, https://www.unicef.org/child-rights-convention
7.1.1 Nature of the current Juvenile Justice System
The nature of the current juvenile justice System in India, i. e. the Juvenile Justice (Care and Protection of Children) Act 2015 and the judicial mechanisms that are enacted with the act are quite different from that of prior legislations such as the Indian Children’s Act, the Apprentices Act 1850 and so on. Unlike the other acts, the Juvenile Justice Act of 2015 approaches the issue of children in conflict with law in a very reformative and a much more progressive method as compared to that of prior legislations. The current act i. e. the Juvenile Justice (Care and Protection of Children) Act 2015 uses a reformative approach towards children and not any of the other harsher approaches as used by other criminal legislatives that deal with adults. The theme of reformative theory in juvenile justice system revolves around the welfare of the young offender.
The mental faculties of a young child are not developed and they are not rational in general that’s why they involve in the activity which they find attractive. Reformative theory is a humanistic approach that helps to shape the mind of the juvenile before reaching certain level of maturity and understanding. It includes the practices which are beneficial for the long run. It works on making them a better person without leaving psychological and social scars. Over the past years, reformative ideas have brought a positive change in the juvenile justice system such as reducing detention, improving conditions of confinement, utilizing evidence-based program that reduces recidivism, improving mental health services, etc.
7 However, this reformative approach has its own shortcomings and drawbacks, one such drawback is that if this approach is applied extensively and without considering the gravity of offence committed then it may in turn backfire on the idea of delivering justice as some offences are of grave nature and the offenders need to be given harsher punishments.
7.2 The Juvenile Justice Boards established under Juvenile Justice Act 2015
As discussed earlier, the Juvenile Justice (Care and Protection of Children) Act, 2015 is the primary piece of legislation that deals with the children in conflict with law. The act under section 4 establishes ‘Juvenile Justice Board’ which are supposed to be special courts that deal 7 Hiba Irfan Khan, Juvenile Justice: Punitive or Reformative, 1 ILE Legal Rev. 33, 36 (2023), APIS-3920-0042, ISBN 978-81-964391-3-2. only with the cases that involve persons below the ages of 18 years or juveniles. Section 4 of the Juvenile Justice (Care and Protection of Children) Act 2013 states that; “4.
Juvenile Justice Board (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the State Government shall, constitute for every district, one or more Juvenile Justice Boards for exercising the powers and discharging its functions relating to children in conflict with law under this Act. (2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class not being Chief Metropolitan Magistrate or Chief Judicial Magistrate (hereinafter referred to as Principal Magistrate) with at least three years’ experience and two social workers selected in such manner as may be prescribed, of whom at least one shall be a woman, forming a Bench and every such Bench shall have the powers conferred by the Code of Criminal Procedure,
1973 on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of First Class.
(3) No social worker shall be appointed as a member of the Board unless such person has been actively involved in health, education, or welfare activities pertaining to children for at least seven years or a practicing professional with a degree in child psychology, psychiatry, sociology or law.
(4) No person shall be eligible for selection as a member of the Board, if he - (i) has any past record of violation of human rights or child rights; (ii) has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or has not been granted full pardon in respect of such offence; (iii) has been removed or dismissed from service of the Central Government or a State Government or an undertaking or corporation owned or controlled by the Central Government or a State Government; (iv) has ever indulged in child abuse or employment of child labour or any other violation of human rights or immoral act.
(5) The State Government shall ensure that induction training and sensitisation of all members including Principal Magistrate of the Board on care, protection, rehabilitation, legal provisions and justice for children, as may be prescribed, is provided within a period of sixty days from the date of appointment. (6) The term of office of the members of the Board and the manner in which such member may resign shall be such, as may be prescribed.
(7) The appointment of any member of the Board, except the Principal Magistrate, may be terminated after holding an inquiry by the State Government, if he - (i) has been found guilty of misuse of power vested under this Act; or (ii) fails to attend the proceedings of the Board consecutively for three months without any valid reason; or (iii) fails to attend less than three-fourths of the sittings in a year; or (iv) becomes ineligible under sub-section (4) during his term as a member”. 8 In summary, the Juvenile Justice board according to this act should be constituted by every state for every district for the purpose of administrating cases related to children in conflict with law as defined in this act.
The act further provides that the board shall consist of a Metropolitan Magistrate or Judicial Magistrate of first class with not less than 3 years of experience and two social workers in which one is a woman, this forms the bench of a juvenile court in India. The act further provides for the eligibility criteria of such workers that re in the board. The state government shall ensure that the training session of all the members of the board shall be done within 60 days of their appointment.
7.2.1 Judicial Mechanisms established by the Act of 2015
The Juvenile Justice Act 2015 establishes various judicial mechanisms that treat the children in conflict with law different that how it treats adults. Chapter 4 of the Juvenile Justice (Care and Protection of Children) Act, 2015 establishes a whole different procedure that has to be
8 Juvenile Justice (Care and Protection of Children) Act, 2015, § 4.
followed by the officials while dealing with children in conflict with law. For instance, section
10 of the act states that;
“Apprehension of child alleged to be in conflict with law. (1) As soon as a child alleged to be in conflict with law is apprehended by the police, such child shall be placed under the charge of the special juvenile police unit or the designated child welfare police officer, who shall produce the child before the Board without any loss of time but within a period of twenty-four hours of apprehending the child excluding the time necessary for the journey, from the place where such child was apprehended: Provided that in no case, a child alleged to be in conflict with law shall be placed in a police lockup or lodged in a jail.
(2) The State Government shall make rules consistent with this Act, - (i) to provide for persons through whom (including registered voluntary or nongovernmental organisations) any child alleged to be in conflict with law may be produced before the Board; (ii) to provide for the manner in which the child alleged to be in conflict with law may be sent to an observation home or place of safety, as the case may be. ”9 In summary this section of the act provides that as soon as child in conflict with law is apprehended by the police, such child shall be placed under the charge of the special juvenile police unit or a designated child welfare officer. Further, the child should be presented to the board within 24 hours. Further, this chapter also provides for cases where the offences committed is a serious offence, i. e.
is not a petty offence, in such a case there should be an assessment of the mental capacity of the child, provided that such a child is above the age of 16 years. Further sections of this chapter such as section 11 provides that any person in who’s a child in conflict with law is placed, shall while the order is in force, have responsibility of such child. Section 18 of the act further provides that the board can pass orders as it deems fit and the various punishments include; sending the child to special homes provided that the period of the same is less than 3 years; advising the participating in group counselling or similar activities; order the child to participate in community service; order the parent/guardian to pay a fine or release the child on the basis of good
9 Juvenile Justice (Care and Protection of Children) Act, 2015, § 10.
conduct and placed un any fit facility for a time not exceeding 3 years. Some other types of orders that the board can grant include directing the child to attending school, attend therapeutic centre, prohibition of child from going to certain places or undergo a deaddiction programme. These punishments are in furtherance of the reformative nature of the act.
7.3 Cases that concern the current status of Juvenile Justice
As discussed in the earlier sections of this paper, the Juvenile Justice Act of 2015 provides for a separate mechanism which differentiates the procedure to which the children in conflict with law are treated as compared to adults and the reformative and punitive nature of punishments. However, in reality there have been a series of cases which show that these provisions are either not very effective or the punishments are not very apt to the gravity of the offences committed.
7.3.1 Shahaab Ali & Anr. Vs State of UP10
This case primarily deals with the provisions of the Juvenile Justice Act of 2015. In this case, the hon’ble court clarified the powers of the Juvenile Justice boards established under section
4 of the act of 2015. The court specifically dealt with the apprehension/arrest of a child. The
court in this case clarified that the it is to be ensured that the provisions under section 10 of the act of 2015 are complied with while a child in conflict with law is being arrested or apprehended by the police. The hon’ble Allahabad High Court in this case observed that “it is to be ensured that the child as soon as apprehended/ arrested is handed over to the relevant authority which according to the act is special juvenile unit or to the designated police officer”. Also, the hon’ble high court in this case put forward a contrary view than compared to what the Hon’ble Madras High Court took in the case of K. Vignesh Vs State rep.
by Inspector of Police11; wherein the court observed that the legislature while enacting the Juvenile Justice Act of 2015 used the term ‘apprehend’ in section 10 and did not use the term ‘arrest’; the court further stated that such use of words was intentional and the parliament did not want to give the police the powers to arrest a child in conflict with law. It can be observed from these cases that the court here took the legislative intent, i. e. the nature of the act into consideration and not the mere provisions of the act.
10 Shahab Ali v. State of U.P., (2020) 1 HCC (ALL) 1
11 K. Vignesh v. State, 2017 SCC OnLine Mad 28442
In the case of In Re Contagion of Covid-19 virus in Children’s Protection Home (2020)12; in this case also the Hon’ble Supreme Court held that the children in conflict with law are also subject to the rights given under article 21A of the Indian Constitution which deal with educational rights and the court in furtherance of this gave directions to set up online classes and setting up of online classes (Kendra Vidyalaya) and further ensure hygiene and safety protocols in special homes as this case was around the time of the pandemic i.e. covid-19. In summary, there have been cases where the courts in India have held that the provision of the act are to be adhered to in a much stricter sense.
7.4 The nature of Punishments
As discussed in the earlier sections of this paper, the juvenile justice act of 2015 follows a more reformative approach while granting the punishments. This is reflected in the nature of the punishments granted by the juvenile justice boards established under this act. However, this reformative approach to punishments acts an hinderance as at times the offences committed by the juveniles are so heinous that a mere 3 year stay in special homes is not sufficient. The Juvenile Justice (Care and Protection of Children) Act 2015 doesn’t allow for a punishment of more than 3 years that too in special homes. This acts as an hinderance in the way of delivering justice as the gravity of offence is not proportionate to the punishment granted.
This can be substantiated using the infamous Shakti Mills rape case; wherein one of the accused rapists was a juvenile and due to the nature of the Juvenile Justice (Care and Protection of Children) Act, the accused juvenile in this case just got away with a mere sentence of three years in a juvenile home. Another recent development in this topic is the infamous ‘Pune Porsche Case’ wherein a 17year-old minor was involved in an accident wherein he was allegedly drunk while the incident took place, this led to the death of 2 IT engineers who were mere pedestrians. The accused in this case as mentioned earlier was drunk and was driving rashly and negligently13.
12 Contagion of Covid-19 Virus in Children Protection Homes, In re, (2020) 15 SCC 280
13 Amisha Shrivastava, Bombay High Court Orders Release of Minor Accused in Pune Porsche Car Accident Case, LIVELAW, (October 9th, 2024, 14:30 PM), https://www.livelaw.in/top-stories/bombay-high-court-puneporsche-accident-accused-released-261398.
7.4.1 The recommendations of J.S. Verma Committee
The nature of the punishments would have been different and more proportionate to the offences if the recommendations of the J.S. Verma Committee would have been applied to its fullest14. The justice Verma committee submitted its report in 2013 after the government felt the need for urgent need for legal reforms that would ensure swifter justice and enhanced protection for victims of sexual violences. The committee refused to make any special provisions for juveniles who have committed heinous offences such as violences related to sexual harassment. This meant that the juveniles who committed sexual harassment offences would be treated to the same procedure as for the adults as the nature of the crime is too heinous.
8. Data Analysis
8.1 The nature of Juvenile Justice in reality
It can be observed from the data collected in the above sections of this paper that the nature of Juvenile Justice according to its makers and international treaties is theoretically very fascinating and appears to have no shortcomings at all. However, this isn’t the case in reality, the nature of the Juvenile Justice system in India, that focuses primarily on reformative approaches to children in conflict with law is not as effective as it seems on paper. This can be observed in certain cases wherein, the reformative and soft approach towards the children either completely backfires or it hinders the delivery of justice to the victims. The Juvenile Justice (Care and Protection of Children) Act 2015, establishes a very stress-free and soft approach compared to other criminal laws in India such as the Bhartiya Nyaya Sanhitha which approach offenders in a much harsher way.
However, this soft approach works effectively only theoretically, i. e. only in the provisions of the act. As discussed earlier in this paper Section 1015 of the Juvenile Justice Act of 2015 states that the child in conflict with law should be handed over almost immediately to a designated juvenile officer or a special police unit that deals with juveniles. However, considering the nature of the police personnels in India, this mechanism which is made to prevent the child from getting traumatised from the treatment of the authorities often fails and this completely backfires as the police personnel while
14 PRS Legislative Research, Justice Verma Committee Report Summary (Jan. 23, 2013),
https://prsindia.org/policy/report-summaries/justice-verma-committee-report-summary.
15 Juvenile Justice (Care and Protection of Children) Act, 2015, § 10.
approaching the child often tend to use harsh methods of submission which can in turn lead to lifelong trauma to the child. It has been observed from time to time that the interaction between the police and the child offenders is not very smooth and is often marked with high levels of fear, mistrust and domination etc from the end of the police and hence, this in turn may lead to the development of early traumatic experiences which is opposite to what the act intends to provide for16. Although, the act provides for a better and softer treatment for child offenders, such interactions lead to a direct violation of the provisions of the act. Also, the importance of section 10 of the act has been clarified by the courts in numerous cases such as the case of K. Vignesh Vs State rep.
by Inspector of Police17, wherein the court re clarified the nature of section 10 of the Juvenile Justice Act and observed that terms such as apprehend were used in this section by the makers intentionally in compliance with the soft and protected approach to the child in conflict with law nature of the act. Hence, it can be observed that the nature of section 10 of the act can under no circumstance be violated. It can also be observed in India that the juvenile justice boards established under the act of
2015 do not regularly sit on the cases related to juveniles. This leads to the failure of another
object of the act i. e. speedy trial of juvenile cases. Although the act under section 16 establishes that the chief magistrate shall review the pendency of cases and in turn decide in increasing the number of sittings of the board, this mechanism is rarely followed in many states and the board generally sits only once or twice a week for taking cases of juvenile justice. Also, there are 702 juvenile justice courts established in the country, this number still cannot suffice the huge pendency of cases in this aspect. The other major shortcoming that can be observed with the current system is again related to the nature of the punishments given by the act. As discussed in earlier sections of this paper, the Juvenile Justice Act of 2015 approaches the juveniles in a very reformative and a very friendly and a ‘lenient’ way. This approach i. e.
the reformative approach that is adopted by the Juvenile Justice Act can be regarded as a very forward and modern approach to juveniles as compared to the prior legislations and the other criminal laws in India. However, this reformative or lenient approach sometimes acts as a hinderance in the way of justice. The nature of the juvenile justice act in this aspect can be narrowed down to 3 points;
16 Ranchana (2023), Role of Juvenile Justice Systems in India, 2 LEGAL LOCK J. 27
17 K. Vignesh v. State, 2017 SCC OnLine Mad 28442
Young Offenders should not be tried in courts, rather they should be corrected in all other ways possible. This reflects to the establishment of Juvenile Justice Boards that are a type of special courts that are established solely for the purpose of administrating cases in which juveniles are involved. 18 • They should not be punished by the courts in harsher ways such as rigorous imprisonment, capital punishments, etc; instead, they should be given a chance to reform. This reflects to the punishments under section 1819 of the act which include punishments such as attending school, community service and so on. 20 • Trial for the child in conflict with law should be based in non-penal treatments through committees based upon social control agencies. This reflects to the establishment of special homes for juvenile offenders instead of regular prisons in which adult offenders are sent to.
21 It can be observed here that the juvenile justice act approaches the juvenile offenders in a very lenient way, and this approach although might seem just may lead to unjust decisions by the courts. This can be further explained using the help of case such as the infamous Nirbhaya Rape Case and the recent Pune Porsche Incident.
8.2 The Shortcomings of the Act in relation to the Current Status of The Society.
The infamous Nirbhaya rape case22 revolved around the rape of a girl named Nirbhaya and one of the accused in this gang rape case was a minor. The minor who was accused of this heinous crime was at the time of commission of the offence 17 years old. This means that this individual had to be tried before a Juvenile Justice Board. Looking at the reformative approach that was followed by the act at that time the courts couldn’t punish the individual for a period of more than 3 years that too in a special home set up under the act. It can be observed that the punishment given to the individual and the nature of the offence committed are not proportionate. Hence, this case called for an immediate change in the Juvenile justice act of 2000 which led to the Juvenile Justice Act of 2015. However, it was
18 Rini Rastogi (2023), Critical analysis of Juvenile Justice Systems in India, 2 LEGAL LOCK J.18
19 Juvenile Justice (Care and Protection of Children) Act, 2015, § 18.
20 Rini Rastogi (2023), Critical analysis of Juvenile Justice Systems in India, 2 LEGAL LOCK J.18
21 Id
22 Mukesh & Anr. V. State (NCT of Delhi), 2016 SCC OnLine SC 1709.
expected that the nature of the act towards heinous crimes would change, but the act remains similar to the prior act in this aspect. An alternative solution was proposed by the J. S. Verma committee wherein, the committee proposed that the juveniles involved in heinous offences specially offences related to sexual harassment, in such cases the committee proposed that the juveniles involved shouldn’t be given any leniency and should be tried as adults. This suggestion was given because of the gravity of the offence committed.
Rape is rape and one cannot walk out of the allegations simply by pleading that the person while committing the offence was a juvenile or that the person did not have the mental capacity to understand the gravity of the offence committed, for instance, in the current Nirbhaya rape case the accused very much had the mental capacity to understand the nature of the act that he was committing, such persons should be tried as adults and not juveniles as the reformative approach fails to provide for such cases wherein the gravity of offence committed is so deep that the reformation cannot be given to such offences, as it would be unjust to the victims of such offences. Another recent instance wherein the reformative approach of the Juvenile Justice Act led to unjust decision is the case of the Pooja Gagan Jain Vs State of Maharashtra23 famously called as the ‘Pune Porsche Case’.
As discussed earlier, this case revolves around a minor who was allegedly drunk and was involved in an accident which involved the death of 2 pedestrians. In this case the accused was a 17-year-old minor who is the son of a rich real estate developer was drunk and was driving rashly which caused the accident. The accused was taken to the police station wherein, the accused was treated differently from the other offenders, the media alleges that this was due to the influence of the father. However, the concern here is that when the accused was presented in front of the juvenile justice board, the board ordered the accused a mere essay of 300 words which sparked controversies across various social media platforms.
It can be observed from this case that the accused was drunk which itself is an offence as he hadn’t attained the age of 21 years which is the standard legal age for consumption of any sort of liquor in India. Additionally, the accused in this case was driving a car which again in itself is an offence as the legal age for obtaining a drivers license in India is 18 years. Hence, it can be concluded that the accused in this case was had the mental capacity to understand the nature of his acts and the punishment given to him by the board was unjust and not proportionate to the nature of the act
23 Pooja Gagan Jain v. State of Maharashtra, 2024 SCC OnLine Bom 1903
committed by him. The acts of the minor resulted in the death of 2 people who were mere pedestrians. Further, when the case was appealed to the Hon’ble High Court of Maharashtra, the court held that the release of the minor was lawful, however the minor should be sent to sessions with a psychologist even after his release. It can be observed that again the punishment granted by the court is not just as compared to the nature of the act committed by the accused.
9. Conclusion
and Recommendations Therefore, it can be concluded that the nature of the current juvenile justice system is a result of the evolution that the system has gone through. This nature is a boon as well as a pain for the administration of Justice. The nature of the act at times is proved beneficial while delivering justice and also at times it acts a hinderance in the course of justice. Here are a few recommendations that are humbly submitted and might improve the current state of the juvenile justice system in India; • The reformative nature of the juvenile justice (Care and Protection of Children) Act
2015 should be used according to the merits of the cases and should not be misused as
to provide an unfair advantage to the accused juveniles. • In instances of heinous crimes such as sexual offences, the juvenile justice act should adopt the reformations proposed by the JS Verma committee which proposes that the juveniles involved in such offences should be treated as adults and the punishments should be given according to the gravity of the offence committed and not a mere 3 year stay in a special home established under the act. • The boards established under the Act should regularly take cases of juveniles so that the concept of speedy trial established under this act is maintained and there is no delay in the administration of justice.
• The authorities that apprehend/approach the children in conflict with law should be kept in check and it should be ensured that such persons behave in a much softer way to juveniles rather than approaching them and creating a sense of fear, mistrust and domination in their minds which may in turn lead to mental trauma which is against the provisions of the act.