Role of Juvenile Justice System in India

January 27, 2022

INTRODUCTION

The Latin maxim ‘Nil Novi Spectrum’, which means “nothing new on this earth,” is best suited for India’s Juvenile Justice system. Since the beginning of time, there has been an assumption across the world that juveniles should be treated leniently since there is a school of thinking that says– Young people have a tendency to respond in a significant and lasting frustration that is followed by violent methods.

In recent years, it has also been reported that the number of crimes committed by children aged 15-16 has grown dramatically. The general inclination or psychology underlying the commission of crime, or the causes of crime, are early-life experiences, dominating masculinity, upbringing, economic calamity, lack of education, and so on. It is an embarrassment that youngsters between the ages of 6 and 10 are increasingly utilised as instruments for carrying out illicit or criminal actions. Because children’s brains are naïve and deceptive, they may be enticed for a low cost.

ACCOUNT OF JUVENILE JUSTICE SYSTEM OF INDIA

Prior to the seventeenth century, juvenile criminals were handled the same as any adult criminal offender. The trend for particular treatment of young criminals began in the 18th century. In addition, the UNGA enacted a Convention on the Rights of the Child on November 20, 1989, which includes measures to safeguard the rights of juvenile offenders. The agreement also protects minors’ social breakdown and stipulates that no judicial processes or court trials shall be held against them. This convention prompted the Indian Parliament to repeal the Juvenile Justice Act of 1986 in favour of a new, modified, and perhaps superior law known as the Juvenile Justice (Care and Protection of Children) Act, 2000.

The Juvenile Justice Act of 1986 also went into effect, abolishing the earlier Children Act of 1960 in order to ratify the UNGA’s Standard Minimum Rules for the Administration of Juvenile Justice, which were established in November 1985. The legislation, with the exception of Jammu and Kashmir, essentially established a consistent framework for the protection of juveniles’ rights and interests across the country. It even outlined certain fundamental rules for the administration of justice and the course of action to be taken in the case of significant offences committed by juvenile offenders.

The Juvenile Justice Act of 2000 was adopted to ratify the United Nations General Assembly’s 1989 convention on the protection of the rights of the child, however it proved to be poorly executed and equipped. It was updated again, in 2006 and 2011, to close the gaps and loopholes, but both times it was in vain. The act was then repealed in order to combat the rise in juvenile criminality in India, and it was replaced by The Juvenile Justice (Care and Protection) Act, 2015, which is now the primary piece of law controlling India’s juvenile justice system.

DIFFERENCE BETWEEN A JUVENILE AND A CHILD

As per the section 2(e) of the Children Act, 1960; during being in force till 1986 stated, “child” as any boy who has not yet attained the age of sixteen years or any girl who has not yet attained the age of eighteen years.

The sub-section 12 of Section 2 of The Juvenile (Care and Protection) Act, 2015 a “child” means any that person who hasn’t yet completed eighteen years of his age. The Act divides the term “child” into the two groups: –

– a child who is in conflict with law.

– a child who is in need of care and protection.

A child who has committed any offence and was under the age of eighteen years at the time of the commission of the offence is classified as “a child in conflict with the law,” while the second category is “a child in need of care and protection,” which includes any child who is not charged under Section 14 of the Act.

Child and juvenile are nearly same, yet they differ in various ways and in distinct circumstances. A child is simply believed to be an innocent individual, but the term “juvenile” has a negative legal connotation associated to it. Child denotes youth and naivety, whereas juvenile denotes either immaturity or a young criminal. In clumsy terms, a youngster is referred to as a juvenile if he is charged with a crime.

CLAIM OF JUVENILITY

According to the clause, claim of juvenility refers to determining who can claim the rights of a juvenile or who can be regarded a juvenile. The claim of juvenility in India is resolved by the Juvenile Justice Board in accordance with Rule 12 of the Juvenile Justice Rules, 2007. It is necessary for the board to decide the claim of juvenility before the court procedures begin, but the claim can also be brought at any other time, even after the issue has been resolved.

In the case of Kulai Ibrahim v. State of Coimbatore, the Court remarked that under Section 9 of the Juvenile Justice Act, 2015, the accused has the right to bring the claim of juvenility at any time, either during the ongoing trial or after the case has been adjudicated. In the case of Deoki Nandan Dayma v. State of Uttar Pradesh, the Supreme Court declared that the date of birth of a pupil as recorded in school records is acceptable evidence for ascertaining the age of a juvenile.

CONCLUSION

The rate of youth criminality is growing at an alarming rate, which is a major problem for our society. There have been several reports of youth delinquency from around the country. A crime committed by a minor under the age of 18 is referred to as juvenile delinquency. Although the government is attempting to reduce youth criminality by establishing various laws, they are insufficient. The current laws are unable to generate a deterrence in the minds of youngsters, resulting in ineffective consequences. Instead of improving the juvenile justice system, there should be an aim from the authorities and a burning desire among society to rehabilitate the juveniles themselves.

REFERENCES

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January 27, 2022