The Juvenile Justice System in India

Introduction

The Juvenile Justice System is a special framework established to deal with the peculiar needs and circumstances of children in conflict with the law or in need of care and protection.  It differs from the usual criminal justice system where it focuses on providing rehabilitation and reintegration rather than punishments, and to prevent them from involving in criminal  again, since juveniles are still in their growing years and can be corrected.

Indian juvenile system is based on the principle of Doli Incapax which means “incapable of committing  crime or harm”. Indian Penal Code, 1860 recognised doli incapax for the children between the ages of 0 to 7 and 7 to 12.

The increasing cases of juvenile offences and  heinous crimes in India makes a sound Juvenile Justice System crucial for the country to hold juveniles accountable in a way that facilitates their re-integration into society.

Historical Background

The Indian Jails Committee Report (1919-20) enlightened the juvenile system in India that dealt with child offenders with specialized systems of apprehension, investigation, adjudication, and sentencing.  By separating children from adults and focusing on their unique requirements within the legal system, the Madras Children Act of 1920 marked a substantial shift. The need for a national framework with uniformity in the age limit of juvenile offenders across Indian states  led to the Children Act, 1960[1], designed to protect children and juvenile offenders through welfare programs, education, and special courts for juveniles under 16 years of age.

India has made its juvenile justice system in accordance with international norms following the the UN Standard Minimum Rules for Juvenile Justice known as the “Beijing Rules”  of 1985. As a result, the Juvenile Justice Act, 1986 (hereinafter JJA, 1986) came into force and introduced Juvenile Justice Boards (JJB)[2] and juvenile courts[3]. It further progressed with the Juvenile Justice (Care and Protection of Children) Act, 2000, bringing domestic law in line with international commitments such as the U.N. Convention on the Rights of the Child (1989) under which any person below 18 years is considered a child[4].

The horrible incident of the “Delhi Gang Rape Case” also known as “Nirbhaya Case”[5], shook the entire nation in December 2012 as one of the accused, who was just half a year away from turning 18 years old, was involved in such a brutal crime that compelled the Indian Legislature to enact a new law. Therefore, Juvenile Justice (Care and Protection), 2015 (hereinafter JJA, 2015) was enacted that replaced the former juvenile laws and brought in substantial changes. As per the amendment in Juveline justice Act even the minor between 16 to 18 years has to face trial in heinous crime as a major.

Constitutional Provisions in respect Juvenile Justice

There are several provisions made in the Indian Constitution for protecting the welfare and rights of the juveniles.

• Article 15(3) the State is empowered to make special provisions for children in order to promote their social advancement and education.[6]
• Article 21(A) provides the right to free and compulsory education to all children between 6 to 14 years of age.[7]
• Article 39(f) provides for the opportunities and facilities for the healthy development of children and protecting the childhood and youth against exploitation.[8]
• Article 23 prohibits human trafficking and forced labour whereas Article 24 prohibits children who are below 14 years of age to be employed in factories.

Therefore, JJA, 2015 has been drafted  after considering all the necessary provisions mentioned in the constitution to ensure that the rights and interests of children are protected in the best possible manner.

Key Features of JJA, 2015

1. The Act defines a child as person who has not attained the age of 18 years, which is in congruence with the UN Convention on the Rights of the Child. The Act also defines abandoned, orphaned and surrendered children.
2.  There are three types of  offences committed by juveniles under this Act:

• Petty Offences: It includes those offences that are punishable with imprisonment of up to 3 years under any statutory laws.
• Serious Offences: It includes those offences that are punishable with imprisonment between 3 to 7 years under any statutory laws.
• Heinous Offences: It includes those offences that are punishable with imprisonment of 7 years or more under any statutory laws.

3. Juvenile Justice Board, a judiciary body, deals with children in conflict with law and is composed of a Judicial Magistrate of First Class and two social workers, one of whom shall be a woman.[9]
4. The State Governments are legally bound to set up Welfare Committees for Children in districts to deal with children in need of care and protection. The committee ensures children’s care, protection, development, treatment and rehabilitation.[10]
5. The Act emphasizes on rehabilitation and reintegration of children in conflict with the law and provides various measures, including education, vocational training and counseling to help children reform and reintegrate into society.
6. The Act provides statutory status to Central Adoption Resource Authority which is made up of members from the Ministry of Women and Child Development. The role of CARA is to regulate both domestic and inter- country adoptions.[11]

 Challenges to Juvenile Justice System

Despite the enactment of the JJA, 2015, this system faces several challenges.

1. Lack of proper resources and adequate infrastructure

The deficiency in infrastructure and resources like inadequate juvenile homes, observation and special homes often leads to overcrowding, poor standard of living, and illiteracy, inadequate healthcare and counseling services.

In a remarkable judgment in Sampurna Behura v. Union of India, the court has directed the state government to ensure welfare and development of children.[12]

2. Ascertaining the age of juveline

Sometimes the police or investigating agencies in order to settle the case in hurry fails to follow guidelines for ascertaining the correct age of a juveline. In the remarkable case of Pratap Singh v. State of Jharkhand, the Supreme Court held, “ for determining the age of juvenile, the reckoning date is the date of the offense and not the date when he is produced before the authority or in court”.[13]

In case of Darga Ram v. State of Rajasthan[14], the court relied on the medical report and founded that the appellant was approximately 17 years old on the commission of offences, hence a juvenile.

3. Overburdened legal system

It is observed that trial in Indian judicial system takes a long time. JJBs are overburdened with cases, it results in delay of justice, adjudication and rehabilitation of the juvenile.

4. Discrimination and Social Stigma

The major challenge in juvenile justice is discrimination and social stigma.  Sometimes juveniles face problems after completing their punishment as they are adopted by their socities and there is a chance of them to reoffend. 

Strategies to Strengthen the Juvenile Justice System

1. Welfare Programs

These programs should be conducted to focus on mediation and reconciliation for juveniles to acknowledge the result of their actions.

2. Development and training

The young offenders should be provides skill development and vocational trainings in juvenile homes to reduce recidivism.

3. Focus on Mental Health

Many juveniles suffers psychological issues so they should be provided with counseling and mental therapy to overcome mental trauma.

4. Involvement of parents

The families of the young offenders must create a supportive home environment. Juveniles along with their parents should be involved in rehabilitation programs.

 Conclusion

Indian juvenile justice system has faced numerous changes from its previous welfare perspective to one that is more restorative and rehabilitative. The system still faces various challenges in providing adequate protection and care to children in conflict with the law. There is a necessity of strict laws and policies to prevent and protect juvenile crimes and  children from exploitation and abuse. The goal should be restoration rather than punishment, which should be providing opportunities for education and skill development. If such initiatives are pursued continuously, the juvenile justice system in India could prove to be a model for other countries, thus creating a dignified and promising  future for its children.

REFERENCES

• Avinash Kumar, Examining the Juvenile Justice System in India : A Critical Analysis with Emphasis on Juvenile Delinquency, 3.3 JCLJ 534, 536-537 (2023).
• Soumya Jha, Fractured Juvenile Justice System, 2.3 JCLJ 264, 266-267 (2022).
• The Juvenile Justice Act, 1986, No.53, Acts of Parliament, 1986 (India).
• The Juvenile Justice (Care and Protection of Children) Act, 2015, No.2, Acts of Parliament, 2015 (India).
• Mukesh v. State (NCT of Delhi), (2017) 6 SCC 1
• Salil Bali v. Union of India, (2013) 7 SCC 705.
• Darga Ram v. State of Rajasthan, (2015) 2 SCC 775.
• INDIA CONST. art. 15, cl. 3.
• INDIA CONST. art. 21-A
• INDIA CONST.art. 39(f)
• Anmol Singh Khanuja and Purti Vyas, An Analytal Study of Juvenile Justice System in India, ipleaders.in. (Jan. 16, 2025, 2:30 PM), https://blog.ipleaders.in/juvenile-justice-system-india/
• Sri Vaishnavi.M.N, Parul Chaturvedi and Rohit Raj, All About Juvenile Justice Act, blog.ipleaders.in. (Jan. 16, 2025, 3 PM), https://blog.ipleaders.in/all-about-juvenile-justice-act/
• SCC Online, scconline.in (Jan. 15, 2025).

[1] Children Act, 1960, No.60, Acts of Parliament, 1960 (India)

[2] The Juvenile Justice Act, 1986, § 4, No.53, Acts of Parliament, 1986 (India).

[3] The Juvenile Justice Act, 1986, § 5, No.53, Acts of Parliament, 1986 (India).

[4] The Juvenile Justice (Care and Protection of Children) Act, 2000, § 2(k), No.56, Acts of Parliament, 2000 (India).

[5] Mukesh v. State (NCT of Delhi), (2017) 6 SCC 1.

[6] India Const. art. 15, cl. 3.

[7] India const. art. 21-A.

[8] India Const.art. 39(f)

[9] The Juvenile Justice (Care and Protection of Children) Act, 2015, § 4, No.2, Acts of Parliament, 2015 (India).

[10] The Juvenile Justice (Care and Protection of Children) Act, 2015, § 27, No.2, Acts of Parliament, 2015 (India).

[11] The Juvenile Justice (Care and Protection of Children) Act, 2015, § 68, No.2, Acts of Parliament, 2015 (India).

[12] Sampurna Behrua v. Union of India (2018) 4 SCC 433

[13] Pratap Singh v. State of Jharkhand, (2005) 3 SCC 551.

[14] Darga Ram v. State of Rajasthan, (2015) 2 SCC 775.