JUVENILE LAWS OF INDIA

In recent times, there has been a notable rise in criminal activities involving
youths aged 15 to 16. Various factors contribute to this trend, including
experiences in early childhood, prevailing notions of masculinity, familial
upbringing, financial constraints, and insufficient education. Alarmingly, even
children between the ages of 6 and 10 are being coerced into participating in
illegal acts. Their vulnerability and susceptibility to influence make them easy
targets for exploitation.
History of Juvenile Justice System in India
In recent times, there has been a global movement advocating for special
treatment of juvenile offenders, including in developed countries like the U.K.
and U.S.A. This movement originated around the 18th century. Before this
movement, juvenile offenders were treated the same as adult criminals.
In recognition of the need to protect the rights of juvenile offenders, the United
Nations General Assembly adopted the Convention on the Rights of the Child
on November 20, 1989. This convention aims to safeguard the best interests of
juvenile offenders and states that there should be no judicial proceedings and
court trials against them in order to promote their social reintegration.
Juvenile Justice Act, 2000
The Juvenile Justice (Care and Protection of Children) Act, established in 2000,
aimed to safeguard children's rights and welfare. It was revised twice, initially
in 2006 and again in 2011, to rectify deficiencies and close loopholes identified
during its enforcement. Despite these efforts, there has been a marked rise in
juvenile delinquency in recent years. The appalling "Delhi Gang Rape Case"
highlighted the inadequacies of the current legislation.
The Act was found to have inadequate legal provisions, and the malfunctioning
juvenile system also contributed to the prevention of juvenile crimes in India.
As a result, the Act was replaced by The Juvenile Justice (Care and Protection)
Act in 2015.
Juvenile Justice Act, 2015
The 2015 Juvenile Justice Act was introduced to replace the 2000 version,
aiming to create a more robust and effective system that balances deterrent
measures with rehabilitative strategies. This legislation acknowledges the
necessity of treating juveniles differently from adults, underscoring the
importance of offering them opportunities for growth, rehabilitation, and
betterment through a dedicated justice system.
Key innovations of the 2015 Act include defining anyone under 18 as a child
and clearly distinguishing between a "Child in Need of Care and Protection"
and a "Child in Conflict with the Law." The law categorizes crimes as heinous,
serious, or petty and permits the trial of 16 to 18-year-olds as adults, considering
their psychological maturity.
The Act also introduced the establishment of Juvenile courts dedicated to
handling juvenile offences. Additionally, it expanded the scope of the definition
of a "Child in Need of Care and Protection."
This includes situations where the child's guardians are unfit or uninterested in
caring for them, when the child is engaged in labour in violation of labour laws,
or when there is a risk of marriage before reaching the lawful age.
The Act also addresses adoption, recognizing the rights of adopted children. Its
primary goals are to consolidate laws relating to children in conflict with the
law and children needing care and protection. It caters to their basic needs by
providing proper care, security, development, treatment, and social integration.
The Act adopts a child-friendly approach in the adjudication and disposal of
matters in the best interest of children. The rehabilitation of juvenile offenders is
emphasized through various childcare homes and institutions.
Present Juvenile Justice System in India
In line with other countries, India has established legal provisions that
specifically address the rights and protection of juvenile offenders, aiming to
address the issue of juvenile delinquency. The Juvenile Justice System in India
is built on three key assumptions:
 Young offenders should not be brought before regular courts but should
instead be guided and corrected through various means.
 The courts should not punish juvenile offenders; instead, they should be
allowed to reform and reintegrate into society.
 The trial process for children in conflict with the law should focus on
non-penal treatment, utilizing community-based social control agencies
such as Observation Homes and Special Homes.
 These principles form the foundation of the Juvenile Justice System in
India, emphasizing rehabilitation and reintegration rather than punitive
measures for juvenile offenders.
Development of Juvenile Justice System
The Juvenile Justice System worldwide is based on the understanding that
children are not fully developed and lack the maturity of adults. The legal
principle of "doli incapax" supports this, which states that children cannot form
criminal intentions. As a result, children cannot be held accountable for their
illegal acts.
Maturity encompasses more than just cognitive growth; it also involves how a
child interacts with their surroundings. A child's cognitive skills are shaped by
their environment, which plays a crucial role in how they perceive and make
sense of the world around them. The age at which an individual is considered a
youth or a child is not uniformly defined across different laws, leading to a lack
of agreement on the exact age that marks adulthood.
The updated Juvenile Justice legislation significantly shifts towards a more
forward-thinking stance. Embracing the parens patriae philosophy, the Act
strongly emphasises providing institutional care and protection. It prioritizes
young people's rehabilitation and social reintegration, treating punishment as a
last resort. Unlike traditional criminal courts, the Juvenile Justice System
favours informal proceedings.
On July 28, the Juvenile Justice Act of 2015 saw significant revisions with the
passing of the Juvenile Justice (Care and Protection of Children) Amendment
Bill 2021 by both the Rajya Sabha and Lok Sabha during the 2021 budget
session, earning backing from both opposition and government members.
Following the President's approval, this amendment bill will be enacted.