Juvenile Justice is a system of laws and policies formulated for the reformation and rehabilitation of juveniles. It aims to provide a platform to make them learn about the atrocities of crime and the consequences that arise from them. It helps to protect their interests by ensuring legal remedies when they are in a helpless situation and are falsely accused of any crime. The goal of Juvenile Justice is to prevent the perpetrators from committing more crimes and to support them in becoming good citizens.
A juvenile is a minor or a person below the age of 18 years who has committed an offence and cannot be arrested but can be apprehended. The accused cannot be tried in a criminal court and should be produced before the Juvenile Justice Board and handled with due diligence and care. Unlike the Adult Criminal Justice System, the Juvenile Justice system is comparatively less rigorous and liberal. It is designed to facilitate specialised support, for example; access to legal assistance, bail, early release, education, counselling and family support to help juveniles overcome the factors that led to their criminal behaviour. They are treated humanely and corporeal punishment is not inflicted towards them. The Juvenile Justice Board stipulates a particular period for juvenile detention and the child may get released on probation. A great deal of care and supervision is required to reform and reintegrate the juvenile back into society.[1]
What is Rehabilitation
Rehabilitation is a comprehensive process that involves helping juveniles understand the serious repercussions of their actions so they can take corrective measures and return to society as law-abiding citizens. This process includes providing young offenders counselling, education and vocational training. The primary focus of the juvenile justice system is on reformative measures rather than punitive measures.
History of the Juvenile Justice System in India
Although the Indian Constitution encompassed several provisions for the protection of the rights of citizens, a special law for juveniles, the Children’s Act of 1960 was passed. It introduced educational facilities, observation houses and kept kids out of jail while giving them direction and skill development.
The Juvenile Justice Act of 1986 replaced the Children’s Act of 1960, this legislation transformed the outlook of juveniles from convicted criminals to children who require care and protection. In 2000, this act aligned with the principles of the United Nations Convention on the Rights of the Child. The juvenile delinquency age was also increased from 16 to 18 years.
In 2015, the Juvenile Justice (Care and Protection) Act laid down imprisonment for juveniles of the age between 16 -18 years who have committed heinous crimes. The horrifying Delhi Crime or the “Nirbhaya gangrape” served as the backdrop for this Act. In 2012, a young woman was brutally gang-raped by six men including a 17-year-old juvenile. This led to widespread protests against the former act and people demanded the arrest of the juvenile. In response, the government passed the new Juvenile Act of 2015, which suggested that juvenile criminals who had committed heinous crimes and were older than 16 should face adult trials in the criminal court system. The government differentiated between petty, serious and heinous crimes and only tried those who committed any heinous offence.
The 2021 amendment of the Act inculcated provisions for foster homes and adoption centres for juveniles in dire need of care and attention. It strengthened the rehabilitation programmes which supported the reintegration of young offenders into society. The juvenile centres and Child Welfare organisations were given more power in the decision-making process.[2]
Procedure Regarding the Trial of Juveniles
The trial procedure for juveniles is distinct from the adult trial, it is relatively less stringent and the major focus is on Reformation and Rehabilitation.
When there is an FIR or a complaint registered against a minor, they will be presented before a Juvenile or Child welfare officer, in furtherance an inquiry will be enforced to determine whether that offence was petty or heinous. Based on the severity of the offence, the following steps would be taken by the Juvenile Justice Board:
- If the juvenile is accused of a petty crime, he would be released and given a warning.
- If it is a serious crime, he/she would be required to do community service, will be provided with counselling and would be released on probation if the officials observe good behaviour.
- If he/she is accused of a heinous or brutal crime, will be kept in a Juvenile centre and will face trial when they attain the age of majority. In no case, the juvenile will be punished with either life imprisonment or the death penalty.
Trial
A juvenile in a trial is called a delinquent and not an adult offender or criminal. The juvenile courts are extremely safe and offer protection to the delinquents, unlike the adult trial courts. Their hearings are not open to the public and any recording is prohibited. During the course of any juvenile proceeding, all the documents that are prepared by any Government Official should not be disclosed to any person except the Judge, the Delinquent’s Counsel and the Government. Juveniles also bear the right to have an attorney or public prosecutor represent them if they can’t afford them and the right to pre-release if their delinquent act is not heinous or brutal. The delinquent’s best interests must be the Counsel’s first priority when defending him or her. The judge’s responsibility is to render a decision that is beneficial for the juvenile and to distinguish between minor, major, and heinous offences in order to determine the proper sentence for each.
The Juveniles are kept in the observation homes until the judgment is announced. They are provided with an adequate number of facilities and safety measures. They are imbibed with education and moral values to ensure that they do not commit any further misdeeds. Observational, as well as, Special homes are present in every district of the country for the well-being of juveniles and their primary goal is to help in the process of rehabilitation of delinquents. [3]
Rehabilitation of Juveniles
The Rehabilitation process begins with the formulation of a comprehensive development plan (which is also called an Individual child care plan) for the juvenile based on factors such as age, gender, family background and case history. This process is initiated to reform the child’s behaviour and self-worth in order to reinstate him/her back into society as a responsible citizen. This plan must fulfil the educational, vocational and counselling needs of juveniles. Most Rehabilitation centres collaborate with NGOs to ensure a relatively more smooth and secure rehabilitation process.
The Individual Child care plan involves the following steps:
- Assessment of Rehabilitative needs of the juvenile
- Monitoring the Child’s progress in the rehabilitation process
- Preparation of Pre-release Report
- Preparation Post-release Report
Assessment of the juvenile needs and monitoring their progress is the core of the rehabilitation process. If the needs of juveniles are not identified, the ascertainment of how the juveniles are to be rehabilitated becomes weak and irrelevant. Monitoring the child’s progress is also essential to determine whether the rehabilitation process is running smoothly and whether he/she is prepared to be released. In the real scenario, only a few delinquents are fortunate to be released, other unprivileged juveniles do not seem to exhibit any sort of development because of the poor and ineffective state of the Rehabilitation Centres. Most of the centres are not equipped to provide strong educational, counselling and vocational support to the young delinquents.[4]
The Reality of the Rehabilitation System in India
Formal Educational and Vocational Training: The reality of the Educational and Vocational training provided to the juveniles is depressing. A report by the National Commission for Protection of Child Rights (NCPCR) stated that many children were forced to perform bizarre jobs such as cleaning, cooking, mending, etc. in the name of vocational training. Neither did they receive any proper instructions which had any link with the vocational training course, nor did they get to learn employability skills which would support them in future.
Psychological Intervention: Many juveniles come from a difficult and unfavourable background and immensely require psychological help or therapy. According to the rules, there must be 2 counsellors present along with therapists in every Rehabilitation centre, but in reality, it is a far cry. Most centres do not offer any sort of psychological help to the delinquents. Therefore, the rehabilitation and reformation system for juveniles suffers a major setback in India.
The Juvenile Justice Act is considered a milestone in the history of child legislation in India. This initiative was much welcomed as it laid special attention on the reformation and well-being of delinquents. However, ineffective implementation and lack of infrastructure restricted the working of the system. There is a need to reconstitute the system by delineating the roles of different departments – education, health, labour, etc to ensure a well-defined establishment of the JJ system.
Causes of Juvenile Delinquency
There can be various causes for adolescent delinquency such as a child’s mental health, family background, peer influence or sometimes even biological factors. Following are some mainstream factors that could lead to juvenile delinquency:
- Social Factors
- Family Dynamics: Family background plays an important part in the upbringing of a child if his/her upbringing is poor or there are issues such as parental neglect, physical or mental abuse within the family, lack of parental supervision or dysfunctional family relationships, it can negatively affect the child’s psychological well-being and as a result, influence him towards alcohol or drug use and in worst case scenarios, stimulate criminal behaviour.
- Socioeconomic Status: If the child grew up in poverty or in a disadvantaged neighbourhood where there is a lack of opportunities and the crime rate is higher, exposure to crime can influence the child to get involved in theft or dacoity and this increases the likelihood of delinquency.
- Peer influence: Association with criminals or involvement in underground gangs can foster a criminal mindset or behaviour.
- Other social factors include poor academic performance or school dropout, social media influence, video games and movies, access to substance abuse, etc.
- Psychological Factors
- Psychological factors involve the mental health issues of the child. Some examples of mental health disorders that could stimulate criminal behaviour are ADHD, depression, or trauma-related disorders that can contribute to delinquent behaviours. Lack of access to mental health services exacerbates this risk.
- Biological Factors
- Some studies suggest that biological factors can also contribute to juvenile delinquency. Genetic predispositions and neurological differences may contribute to impulsivity, aggression, and antisocial behaviours, increasing the risk of juvenile delinquency.[5]
Current Trends of Juvenile Delinquency in India
In recent times, juvenile delinquency has been escalating in India at an alarming rate, especially in the metropolitan areas. The involvement of the juveniles in grievous cases such as murder, rape, kidnapping, extortion has raised serious concerns in the society. The 2012 Nirbhaya case compelled lawmakers to reanalyse the former Juvenile Justice Act and introduce changes to the act as people realized that youngsters can be as brutal as juveniles and commit heinous offences.
The National Crime Records Bureau (NCRB) data reveals an increase in the number of crimes committed by adolescents between the ages of 16 -18 years. There is an increase in the number of cases registered against juveniles in conflict with the law. From 2005 to 2015, this number has increased from 18939 to 31396 (in the category of Against Juveniles in conflict with law) and from 1822602 to 2949499 (Under total cognisable IPC Crimes). According to Psychiatrists and Criminal Professionals, numerous reasons can be cited for the rise in cases of Juvenile Delinquency. Easy access to social media, pornography and peer influence has negatively impacted delinquents and can be attributed to the rise in crime cases committed by them. Some biological factors such as biological impulses and hormonal variations have also contributed to the same.[6]
Preventive Methods to Curb Juvenile Delinquency
Parental Guidance: The role of parents in combatting juvenile delinquency is of utmost importance. Parents must ensure to pay attention to the needs of their children and spend time with them so that they can provide guidance whenever their child is involved in any sort of misdeed or wrongdoing. A person’s destiny is largely determined by the ideals and kind of upbringing they acquire from their parents.
Role of State: Education plays an important role in transforming the capabilities and values of a child. It is the duty of the state to provide free education to children till the age of 14 years. Children who are educated are more likely to absorb moral principles and wisdom, which will eventually reduce their likelihood of engaging in criminal activity.
Proper implementation of Juvenile Law: Even after introducing several laws, guidelines, judgments and regulations, the situation of the juvenile justice system is still dissatisfactory. There is a substantial need for effective implementation of these laws and regulations to ensure Juvenile Justice.
Increase awareness regarding child laws: There is a lack of awareness regarding juvenile laws and rehabilitation which has resulted in an increase in the number of juvenile crime statistics and therefore, people tend to avoid reporting crimes that are committed by adolescents or children.[7]
Conclusion
India is home to the largest youth population in the world and it is rightly said that youth are the future of a country, if youth are skilled, educated and headed in the right direction, the country will be in good hands. To make this possible, the state must strive to enact laws that are beneficial for the youth and to achieve effective implementation of the laws. The state bears the responsibility of protecting minors from criminal activity and supporting the reintegration of offenders into society. It is imperative to address the alarming rise in the number of youth criminal cases, to fulfil that, it is critical to adopt a comprehensive approach that prioritises prevention, early intervention, and rehabilitation. Although the juvenile justice system has progressed over the years, it still requires modifications and reformation such as delineating different departments of the Juvenile administration. By raising awareness and through a collaborative approach we can help the children and the youth to overcome the challenges and grow into productive members of the society.
[1] Surbhi Bajaj, Juvenile justice Times of India Blog, https://timesofindia.indiatimes.com/readersblog/lawpedia/juvenile-justice-53169/ (last visited Feb 25, 2024)
[2] Samridhi M, Juvenile Justice System in India: Evolution and Defects, https://lawctopus.com/clatalogue/clat-pg/juvenile-justice-system-in-india-evolution-and-defects/ (Last visited Feb 26, 2024
[3] Seep Gupta, The Procedures regarding the Trial of Juvenile Offenders, https://blog.ipleaders.in/procedures-regarding-trial-juvenile-offenders/ (Last visited: 26 Feb, 2024)
[4] A.J. Regis, Rehabilitation focus in the Juvenile Justice System in India, The Ideal vs Real, http://www.oijj.org, https://www.oijj.org/sites/default/files/documentos/documental_10184_en.pdf (last visited Feb 25, 2024)
[5] Chauhan, Ashutosh & Shukla, Vivek & Ankesh, Ankesh & Sharma, Mansi. (2022). Juvenile delinquency in India: Causes and prevention. International journal of health sciences. 10.53730/ijhs.v6nS4.9343.
[6] Agarwal, Deepshikha. (2018). JUVENILE DELINQUENCY IN INDIA- LATEST TRENDS AND ENTAILING AMENDMENTS IN JUVENILE JUSTICE ACT. PEOPLE: International Journal of Social Sciences. 3. 1365-1383. 10.20319/pijss.2018.33.13651383.
[7] Amandeep Kaur, Juvenile Delinquency, https://blog.ipleaders.in/juvenile-delinquency-related-legislations-india/ (Last visited: 27 Feb,2024)
Author: Dimple
Juris Centre 