ABSTRACT:
Juvenile Delinquency is a heinous crime and is destructive to the social order and functioning of every country. There is a pattern of rising juvenile crimes all around the world, with youth becoming increasingly active in violent crimes. India demonstrates similar patterns in the rise in the incidents of violent crimes committed by juveniles. It is a very serious concern for the country, and solutions to the problem need to be pursued very carefully. The Indian legal and judicial system has responded to these issues and have introduced several changes to the law on juvenile justice in India. This article deals with the concept of juvenile delinquency in the Indian scenario along with tracing the history of juvenile laws in India. Further, the article analyses the key features of the Juvenile Justice (Care and Protection of Children) Act, 2015 and cases dealing with the same. Lastly, the article provides suggestions for the improvement of the existing Act.
KEYWORDS- Juvenile, India, Delinquency, Juvenile Justice Board, Judiciary, Legislations. INTRODUCTION:
Juvenile Delinquency is one of the important aspects of criminal justice system. These two terms (i.e. juvenile and crime) cannot be separated because the inadequate supervision and care of juveniles is one of the causes of increasing crime rates and its continuity into adult life. Juvenile delinquency has been defined by the UN Convention on the Rights of Child as “Juvenile delinquency refers to the involvement by the teenagers in an unlawful behavior who is usually under the age of 18 and commits an act which would be considered as a crime. A child is known as a delinquent when he/she commits a mistake which is against the law and which is not accepted by the society. Thus a “juvenile” or “child” means a person who has not completed eighteenth years of age and violates the law and commits an offence under the legal age of maturity.
In India, 41.1% of the total population account for children under the age of eighteen years. The National Childrens Policy of India declares children to be the national asset of our country. In spite of this, most of the children in India live in difficult circumstances and are forced to work or are malnourished, illiterate, etc. India is a signatory to the UN Convention on the Rights of the Child and is obliged to work for ensuring that all the rights enshrined therein are guaranteed to all its children. India has seen a spike in the crimes committed by and against the children. More than 33,000 juveniles were convicted especially in the age group of 16 - 18 years for heinous crimes like rape and murder in Indian States. Juveniles who break the law of the country and thereby disrupt the social order need to be regulated by both formal and informal control agencies i.e. parents, police, courts or prisons. In general, juvenile misconduct is not viewed as an impending threat to society but as a possible obstacle to the growth of the individual and society, which must be tackled in a positive way. Unlike the criminal justice system for adults, the rehabilitative concept is ideal for dealing with juveniles.
The laws relating to children in India trace back to the enactment of the Indian Constitution in the form of fundamental rights and Directive Principles of the State Policy. Articles 15(3), 21A, 24 of Part III read with Article 39(e), 39(1) and 47 of Part IV of the Indian Constitution provides basic rights and duties for the welfare of its children.
The laws on children were also sufficient to be enforced on the basis of the accession of the Government of India to the Convention on the Rights of the Child, 1992, the requirements laid down in the UN rules on the Administration of Justice, 1985 and the UN rules on the protection of juveniles deprived of their liberty, 1990. Hence, a legislation was passed in the year 1986 named the Juvenile Justice Act, 1986 and in accordance with the changes in the society the laws kept on changing to meet the scenarios.
The current law governing Juvenile Delinquents in India is the Juvenile Justice (Care and Protection of Children) Act, 2015. The Act was enacted after several debates in the wake the Nirbhaya Gang Rape Case in 2012 wherein six men, out of which one was of 17 years of age and a juvenile. This case raised the issue on the age limit for juveniles.
HISTORY OF LEGISLATIONS DEALING WITH JUVENILE DELINQUENTS -
The first legislation that aimed at providing a separate law for juvenile delinquents was The Children’s Act, 1960. Under the Act, a child in case of a boy was one who had not attained the age of 16 years and in the case of a girl, it was one who had not attained the age of 18 years. However, the Act applied only to Union Territories which meant that each State was free to make laws on the same. Such a scenario led to the same cases of juvenile delinquency dealt differently by different Courts, contributing to a disparity in the judicial procedure. In the case of Sheela Barsee & Ors v. Union Of India & Ors , the Supreme Court of India stated that "..we would suggest that instead of each State having its own Children's Act in other States. it would be desirable if the Central Government initiates Parliamentary Legislation on the subject, so that there is complete uniformity in regard to the various provisions relating to children in the entire territory of the country”. The inconsistency caused by different laws relating to juveniles laid down by each State caused the Apex of India to observe that a Central Law should be made for dealing with juvenile delinquents in the country. This would help not only in bringing uniformity in the law but also ensure efficient and successful execution of the same . Finally, all this led to the culmination and enactment of the Juvenile Justice Act, 1986, which was applicable throughout the territory of India except for Jammu & Kashmir. The clause relating to the age limit for juveniles was carried over from the 1960 Act and remained unchanged.
Later, in 1992, India became a signatory to the United Nations Convention on the Rights of the Child, (UNCRC) 1989 which defined child under the age of 18 years irrespective of the gender. In order to fulfil its duty of becoming a signatory to the UNCRC enacted The Juvenile Justice (Care and Protection of Children) Act, 2000 and the age of juvenile was fixed to eighteen years The Juvenile Justice (Care and Protection of Children) Act, 2000 recognized two types of cases- (i) juvenile in conflict with law and (ii) child in need of care and protection.
The shocking incident of the Nirbhaya Gang Rape Case of 2012 contributed to a massive national uproar calling for a reform in the law on criminal justice, reducing the age limit for juveniles, and tougher penalties for offenders committing serious offences such as rape and murder. However, after several recommendations and opinions of the Committee headed by Justice Verma, the Government enacted the Juvenile Justice (Care and Protection of Children) Act, 2015 (2015 Act) on popular demand. The objectives of the Act were - setting deterrence standards for juvenile offenders and protecting the rights of the victims.
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015:
The Juvenile Justice Act, 2000 was replaced by the Juvenile Justice Act, 2015 there was a need for a more comprehensive and efficient justice system that concentrated on both dissuasive and reformist approaches. The Juveniles approach should be different from that of adults, and the Parliament has proposed that the Juveniles should be given more room for transformation. The Act distinguishes between petty, serious and heinous offences and aims to punish juveniles between the age group of sixteen to eighteen years as adults my taking them to the court of law.
The Act has been enacted to follow a child friendly approach for the adjudication and disposition of cases in the best interests of the child of the children and provide for their rehabilitation in accordance with the institutions established under the Act.
SALIENT FEATURES OF THE ACT:
1. The definition of child has been given under Section 2(12) of the Act and it defines child as a person who has not attained the age of 18 years irrespective of the gender. The Act classifies child into two categories- (i) Child in need of care and protection; (ii) child in conflict with law.
2. The Act has classified offences into three categories – serious, petty and heinous. The Act also mentions that if any child between the age of sixteen to eighteen years commits any crime they will be tried as adults in the court of law after perusal of their mental capacity.
It was understood by this Act that the rights of the juvenile delinquents are just as critical as those of victims and, thus, it was suggested that special measures be made to remedy the serious crime committed by individuals between the age of 16 to 18 years.
3. Juvenile Courts have been introduced which will be specifically dealing with juvenile offences.
4. The definition of child in need of care and protection has been expanded under Section 2(14)) of the Juvenile Justice, 2015. It includes-
• Those who are found working in contravention of labor laws, or
• Those who are at imminent risk of marriage before attaining the legal age, or • Those who reside with such person who has or had threatened to injure, exploit, abuse or neglect the child or violate any other law, or
• Those whose parents or guardians are unfit to take care of him/her.
5. Rehabilitation and Social integration - A Children's Home / Specialist Adoption Agency / Open Shelter shall have the primary objective of restoring and protecting the child. The Child Care Agency, ideally via family-based care, shall prepare individual care plans for children in need of treatment and security, or children in conflict with the law. Any child who leaves a childcare institution at the age of 18 can receive financial support
6. Punishment for Offences - The JJ Act, 2015 provides a special chapter on child offences and some of the crimes mentioned in this chapter have so far not been properly protected by any other legislation. This include the selling and exploitation of children for any reason, including illegal adoption, corporal punishment in childcare facilities, the supply of alcohol or narcotic drugs or psychotropic substances or tobacco products to children, the use of children by terrorist or adult groups, offences against children with disabilities and the kidnapping and trafficking of children.
7. Monitoring - The National Commission for the Protection of Child Rights and the State Commission for the Protection of Child Rights are required to track the implementation as specified under Section 109 of the provisions of the JJ Act, 2015.
The goal is to integrate the laws on children suspected and found to be in conflict with the law and children in need of care and protection by caring and taking into account their basic needs through proper care and security, growth, treatment and social integration by adopting a child-friendly approach to the adjudication and disposal of issues in the best interests of children.
CLAIM OF JUVENILITY:
The Juvenile Justice Board has to decide the claim of juvenility. The Board has to decide the juvenility claim before the court proceedings but the juvenility claim can be brought before the
court at any point of the proceedings and also after the Board disposes of the matter. To determine the juvenility claim, the Board has to consider Rule 12 of the Juvenile Justice Rules, 2007.
The Supreme Court in the case of Kulai Ibrahim v. State of Coimbatore observed that the accused was entitled to raise the issue of juvenility at any time during the trial or even after the case was disposed off under Section 9 of the JJ Act, 2015.
JUVENILE BOARD:
According to Section 4 of the JJ Act, 2015, a Board shall be formed for the purpose of investigating and hearing juvenile matters in conflict with law.
Section 4(2) deals with the constitution of the Juvenile Board and states that it should comprise of
1. Principal Magistrate; and
2. Two social workers, out of which one should be a woman.
Section 7 further states that the Board cannot under any circumstances work or regulate from courthouse premises and the decision taken by the Magistrate of the Board shall be final.
JUDICIAL RESPONSE -
In the case of Jitendra Singh alia Babboo Singh Vs. State of UP while dealing with cases of Juveniles, has laid down the following procedure: -
i) In all such cases, where the accused was above 16 but below 18 years of age, on the date of occurrence, the proceedings pending in the court concerned, will continue and be taken to their logical and except that the court upon finding the Juvenile guilty will not pass an order of sentence against him;
ii) Instead, he shall be referred to the JJ Board for appropriate orders under JJ Act;
iii) The trial court as well as the High Court are legally required to record a finding as to the guilt or otherwise of the delinquent; and
iv) All that the courts can do to record an order of conviction, cannot pass any sentence but refer the case to JJ Board.
In the case of Satbir Singh& others v. State of Haryana, the Supreme Court stated that for the purpose of deciding whether the accused is juvenile or not, the date of birth which is recorded in the school records shall be taken into consideration by Juvenile Justice Board.
The case of Saklu v State of M.P (also known as the Jhabua Murder Case) was the first case after the JJ Act, 2015 came into being. In the case, two accused respectively 16 and 17 years of age stabbed a minor for a matter over Rupees 800 and the Court awarded them imprisonment for life.
SUGGESTIONS:
1. JJ Board must consist of experts in the area of child welfare and Juvenile delinquency and related aspects of child psychology to deal with the case of Juveniles and should not be incompetent to deal with the same. It must be remembered that children are the future assets of the nation and the development of the nation lies in the future generation for its progress.
2. The Juvenile should not be kept in jail while his ‘juvenility’ is determined and his/her future must be secured.
3. Public Engagement and raising awareness about juvenile delinquency is very important. If people are made aware of the issues of a children who are neglected and live in difficult situations, they can play a significant role in the rehabilitation procedure.
CONCLUSION:
The abuse of children in our country has been continuing for a long time. The delinquents are exploited physically, emotionally, mentally or a combination of it. The abuse and exploitation have a long-lasting impact on the child. This develops low self-esteem among young people and they go through emotional and mental struggle which later coincides with their delinquent behavior. The increase in the number of juvenile delinquents and crimes committed by them are a critical problem today and due attention needs to be provided. The efforts made by the legislature and judiciary has not been able to make much impact in the reduction of crimes by the delinquents. It can be argued that a special legal structure for juveniles is required for the proper treatment of cases involving juvenile delinquency. The reformist aspect of juvenile criminal jurisprudence must be given more importance than its dissuasive nature. It can be seen that the 2015 Act, despite the drawbacks, strikes a compromise between the penal and protective measures, in such a way that the minor is adequately rehabilitated and at the same time discouraged from committing crime in the future.
By- Devanshi Lohia
Amity University, Kolkata.
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