Role Of Juvenile Justice System In India
Author: LawSphereX
Category: Criminal Law
Published:
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ROLE OF JUVENILE JUSTICE SYSTEM IN INDIA
Diya D Shrishrimal, Auro University
ABSTRACT
The term "Juvenile" refers to any young person or a young person who retains the qualities and nature of a kid. As a result, juvenile literally means "child. " The phrase "Justice" refers to a desire for justice, fairness, and equity, as well as a desire for peace and real human respect. It is a moral rightness concept used in the search of fair treatment in the face of unjust behaviour. And "Child" refers to anyone under the age of 18. 1 In context of the juvenile justice system, this paper provides a perspective. Its origins may be traced back to the idea of juvenile delinquency. “Delinquency” here means failure to follow societal standards or omissions of duty, involvement in crime, or any other wrongdoing. Young children are unable to understand unusual life situations. They are resistant to the criminal justice system's legal foundation and processes.
As a result, the Juvenile Justice System is solely designed to meet the requirements of children and minors in conflict with the law in terms of care and protection. A juvenile should be rehabilitated and returned to the family as soon as possible. While adjudicating the case of a child in dispute with the law, the court applies the "Parens Patriae" doctrine. The Juvenile Justice System in India was assessed in light of constitutional thought and international standards. Providing specialised and preventative rehabilitative services for children has been a major part of the Juvenile Justice System. 2 Keywords: Juvenile, Justice, Delinquency, Rehabilitation, Juvenile Justice System, Rights of Children. 1 Paripex - Indian Journal Of Research(PIJR) ,PIJR|World Wide Journals, Indian Journal Of Research(PIJR) ,PIJR|World Wide (May 29, 2016), http://www. worldwidejournals.
com/paripex/recent_issues_pdf/2016/May/juvenile-justice-system-inindia_May_2016_1603766509_1906405. pdf>. 2 http://www. cerealsgrains. org/publications/onlinebooks/grainscience/Wheat/Pages/Chapter5Abstract. aspx>.
Introduction
Juvenile justice relates to what is just, fair, and equitable in forming the personality of children and young people in society. Juvenile Delinquency, on the other hand, refers to young people engaging in criminal activity. And the term "Juvenile Justice System (JJS)" refers to a procedure for addressing issues involving children and society. 3 JJS is a system that falls under the umbrella of criminal law administration of justice. This is a system in place for young people who aren't old enough to be held accountable for their actions. It's used as a delinquent juvenile means of punishment. JJS is a socio-legal measure designed to foster delinquent juvenile therapy.
4 The word "Parens Patriae" is Latin for "father of his nation," and it refers to the theory that the government is the ultimate guardian of all individuals with disabilities, particularly children, whose care is only "entrusted" to their parents which means that the state has the inherent capacity and responsibility to protect people who are legally unable to act on their own behalf. The concept of “Parens Patriae”, for example, allows a judge to grant or reassign custody of a young child regardless of the intentions of the parents. 5 The Supreme Court of India stressed that the importance of child welfare in a civilised society cannot be overstated, as the welfare of entire societies is dependent on the development, welfare, health and well-being of its children. As a result, how a nation's children grow and develop is critical to its development.
Children in India deserve protection on all sides. On the one hand, children must be given with the essential needs for their general development, such as physical strength, mental alertness, and academic excellence, by providing a family atmosphere for good child growth and grooming, regardless of gender. On the other hand, prevention and therapy of a delinquent child is required. 6 The children of the country are a priceless resource. Children are perpetually pure, indifferent to good and wrong. They are also less physically and psychologically fit than adults. Children developed into decent citizens, physically strong, mentally attentive, and morally sound, with the abilities and incentives that society requires.
Our goal should be to provide equal opportunity for all children to develop during their developmental years, since this will help us achieve our wider goal of eliminating inequality and achieving social justice. 7
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Research Methodology
Secondary data has been used for conducting this research. The research is descriptive and analytical in nature including the keywords: Juvenile, Justice, Delinquency, Rehabilitation, Juvenile Justice System, and Rights of Children. The difference between a Child and a Juvenile A "child" is defined as a boy or a girl who has not yet attained the age of sixteen or eighteen years, according to section 2(e) of the Children Act, 1960, which was in effect from 1960 to
1986. Any individual under the age of eighteen is described as a "child" in paragraph 12 of
Section 2 of The Juvenile (Care and Protection) Act, 2015. The Act divides the term "child" into two categories: 8 • a child who has broken the law • a child who needs protection and care The first category is "a child in conflict with the law," which includes any child who is under
18 years and has committed an offence. The second category is "a child in need of care and
protection," which includes any child who is not facing any charges as defined in Section 14 of the Act. Although a child and a juvenile are practically identical in appearance, there are some distinctions in their connotations and situations. The term "juvenile" has a negative legal connotation, despite the fact that a child is simply considered as an innocent human. Child signifies childhood, whereas juvenile suggests immaturity or a young criminal. In simple words, a child who commits criminal offence becomes juvenile. 9 History of Juvenile Justice System (JJS) When India was under British administration, the JJS was formed. Juveniles were treated by their families and society in general prior to the British rule in India. The treatment of juveniles in institutions was not visible.
As a result, JJS and other correctional measures were a direct result of western thought and the evolution of jail reforms. The culture of juvenile offenders is as ancient as civilization itself. Due to “doli incapex”, which implies being found incapable of developing the intent to conduct a crime or tort, particularly due to age (under ten years old)
8 Jus Corpus https://www.juscorpus.com/the-role-of-the-juvenile-justice-system-in-india/>.
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and an adventurous mentality, adolescents frequently come into contact with the law and engage in criminal activity. Gone are the days when juvenile justice issues were not treated as a distinct system. It may be observed from the history that; the children were thrown into prison without trial. They were imprisoned with serious criminals. Penologists in the nineteenth century proposed equal punishment for both adults and children. Juveniles have been hung, transported, and imprisoned like adult offenders throughout history. According to records, a nine-year-old kid was sentenced to death in 1833 for stealing items valued two pence. Petty offences often resulted in the kid being hanged, whipped, or tortured. As a punishment, the penalties were frequently carried out in front of the people. Gradually, the issue of juvenile offenders was given its own attention.
Correctional measures, rather than criminal ones, have been proposed by several notable criminologists. In 1947, India gained freedom. As a signatory to the United Nations, India has embraced international standards. India's constitution established different treatment for children and women. To build a robust JJS in India, the assumption that reported in social milieu is being pursued. 10 Present Juvenile Justice System in India From a population standpoint, India is the world's second biggest country. India is home to 19% of the world's children. Children account for around 44 percent of India's entire population. Article 15 (3) of the Indian Constitution allows for the creation of special legislation to ensure social justice for women and children. The Indian government created various laws to ensure the care and safety of children based on this provision.
The Children Act of 1960 was the first major piece of legislation governing the juvenile justice system. The age of delinquent children was below 16 for boys and below 18 for girls when the Juvenile Justice (Care and Protection of Children) Act was passed in 1986. The age of delinquent children was set at 18 for both sexes in the Act of 2000. The age of the juvenile was set at 18 years for both sexes in the Juvenile Justice Act of 2015, although for serious offenses, the age was set at 16 years. 11 The Juvenile Justice System arose across the world with the belief that children are not fully grown adults. They were oblivious to the nature and consequences of their actions. The legal principle of doli incapax underpins this concept. As a result, a child cannot be held responsible
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for criminal activities. In India, the juvenile justice system was developed mainly after happening of following two incidents:12 v JJ ACT 2015 The JJ Act of 2000 has been superseded with the JJ Act of 2015, which aims to bring JJS up to date with international norms and current societal developments. The new Act enforces the following fundamental principles: 1. The presumption of innocence. 2. Dignity and value principles 3. Participation principles that take maturity into account. 4. Principles of the child's best interests. 5. Family obligation to look after one another. 6. Principles for guaranteeing kid safety without my abuse. 7. Positive child development and wellness measures 8. Nonaccusatory or non-stigmatizing semantics principles. 9. Non-waiver of rights principles 10. Equality and non-discrimination principles. 11. Right to privacy and confidentiality principles
12. Institutionalization principles should be used only as a last option. 13. Repatriation and
Restoration Principles 14. Principles of a fresh start and the erasure of previous records 15. Diversionary principles (without resorting to Judicial proceedings) 16. Natural justice principles. 13 v Aftermath of Nirbhaya Case (Rights of the child) Following the Nirbhaya case, many people are now aware that juveniles have their own legal system. Many individuals are still unfamiliar with how JJS works. People were emotional after the Nirbhaya incident and expressed their displeasure with the court's judgement. They urged that the youngster implicated in the Nirbhaya tragedy be executed. There was a ruckus in parliament, and India passed a new law (Juvenile Justice Care and Protection of Children 2015). It is a comprehensive service for children who have been accused of breaking the law and have been proven guilty. It also looks after and protects children who are in need.
This law is based on international treaties on children's rights and other similar international documents. On December 11, 1992, the Indian government ratified the Convention on the Rights of the Child (CRC). The Indian constitution gives the state the authority and responsibility to guarantee that citizens' basic human rights are effectively respected. The state sought to preserve the idea stated in the constitution. 14
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Furthermore, the United Nations Convention on the Rights of the Child is a significant agreement between governments that have agreed to defend children's rights. The Convention describes who children are, all their rights, and the obligations of governments. All of the rights are interconnected, equally vital, and cannot be taken away from children. 15 Role of Rehabilitation for Juveniles: Facilitating Positive Behavioural Change and Reintegration into Society Juvenile criminals are frequently ordered to attend therapy. Rehabilitation is a procedure that aims to turn a disturbed individual into a valuable member of society. In the case of juvenile rehabilitation, such a system is tailored to the needs of children who have committed crimes or are exhibiting characteristics that indicate a troublesome future. 16 Juvenile rehabilitation is frequently not intended to punish.
Although it may appear that confining children in institutions is a kind of punishment, it should be recalled that persons undergoing mental and drug abuse treatment frequently remain in facilities. Methods of juvenile rehabilitation differ widely. Many strategies are designed to discourage future misbehaviour and give strong instruction rather than to punish. 17 Group homes and after-school programmes, which are more gentle types of rehabilitation, are usually not overcrowded. In comparison to other techniques, they also have a larger staff-tochild ratio. Children are frequently given greater attention, and a larger selection of programmes are likely to be available. 18 Juvenile treatment generally entails more than just locking up and punishing youngsters. Children are frequently participating in skill-development programmes.
They may be offered the chance to receive educational certificates. They also frequently receive individualised and thorough therapy. 19 Recidivism is thought to be influenced by the extent and nature of juvenile rehabilitation. Minors who have completed boot camps, for example, are thought to be less prone to commit crimes in the future. It's also thought that combining children who commit minor offences like truancy with those who have committed serious crimes like rape might have negative
15 http://www.unicef.org/child-rights-convention/convention-text-childrens-version>.
16 Felicia Dye, What Is Juvenile Rehabilitation?, (Dec. 26, 2009), http://www.mylawquestions.com/what-isjuvenile-rehabilitation.htm>.
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consequences. Many times, tremendous efforts are undertaken to distinguish different types of criminals. 20 Conclusion & Suggestion The Juvenile Justice System is founded on the principles of child care and rights. The JJS is primarily concerned with reform and rehabilitation. It is to provide the youngster the opportunity to develop his persona. After all, the objective is to move on with the creation of a high-level egalitarian society. Children are the country's future resources. They must change their bad personality into a positive one. However, based on previous experience, we must close the gap between theory and practice. We must create a robust infrastructure and an efficient Juvenile Justice Administration as part of this process. The new legislation contains dreams, and we must turn them into reality. A crime is more than just a legally defined violation.
It's a morally indefensible error, according to scholars, with far-reaching consequence. As a result, crime is considered a state-sponsored crime. The concept of crime is evolving as we approach modern times. Juvenile delinquency is a new notion that has generated a lot of debate. Although the government has enacted numerous legislations in an attempt to limit juvenile delinquency, these are insufficient. Current laws have failed to generate a sense of deterrence in the minds of minors, resulting in poor results. It's important to remember that while deciding whether or not a so-called juvenile was capable of understanding his acts, the circumstances of the case, as well as the sort of act committed, should be used as constraints. In addition, the definition of serious offenses must be reconsidered.
Setting a sentence length as a punishment target does not reflect the criminal's ideas or the victim's pain. Therefore, following points should be taken into consideration: • Every effort should be made to create a child-friendly atmosphere. • Child law should be understood by all justice actors. • The management of cases involving minors should be taught to juvenile prosecutors. • Juvenile cases should be handled by a separate court.
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Bibliography • “The Convention on the Rights of the Child: The Children's Version” (UNICEF) & http://www. unicef. org/child-rights-convention/convention-text-childrens-version>. • (Cereals&GrainsAssociation)&http://www. cerealsgrains. org/publications/onlineb ooks/grainscience/Wheat/Pages/Chapter5Abstract. aspx>. • FeliciaDye LastModifiedDate:May05andFeliciaDye Date: May 05, “What Is Juvenile Rehabilitation? ” (My Law QuestionsMay 5, 2022) & Felicia Dye, What Is Juvenile Rehabilitation? , (Dec. 26, 2009), http://www. mylawquestions. com/what-is-juvenile-rehabilitation. htm>. • Jus Corpus, Jus Corpus / About Author More posts by Jus Corpus and Corpus Mposts by J, “The Role of the Juvenile Justice System in India” (Jus CorpusFebruary 22, 2022) & Jus Corpus https://www. juscorpus. com/the-role-of-the-juvenile-justice-system-in-india/>. • “Dr. B. K. Das Senior Faculty, L. R.
Law College, Sambalpur Odisha, India” & Paripex - Indian Journal Of Research(PIJR) ,PIJR|World Wide Journals, Indian Journal Of Research(PIJR) ,PIJR|World Wide (May 29, 2016), http://www. worldwidejournals. com/paripex/recent_issues_pdf/2016/May/juvenilejustice-system-in-india_May_2016_1603766509_1906405. pdf>.