Historical
Development
The juvenile
justice system in India has evolved over the years to provide a separate and
distinct system of justice for children in conflict with the law. The
development of the juvenile justice system in India can be traced back to the
early 19th century when the British colonial government enacted the Indian
Penal Code (IPC) in 1860. The IPC defined the age of criminal responsibility
for boys at 9 years and for girls at 12 years. However, there was no specific
law to deal with juvenile delinquency until the introduction of the Reformatory
Schools Act in 1897.
Reformatory
Schools Act, 1897 The Reformatory Schools Act, 1897, was the first legislation
in India to provide for the treatment and rehabilitation of juvenile offenders.
The Act allowed for the establishment of reformatory schools, where children in
conflict with the law would receive education, vocational training, and moral
and religious instruction. The objective of the Act was to reform the children
and reintegrate them into society as productive and law-abiding citizens.
The Bengal
Children Act, 1922 The Bengal Children Act, 1922, was the first comprehensive
legislation in India to deal with the care and protection of children. The Act
recognized that children were vulnerable and required special protection and
care. The Act provided for the establishment of children's courts and
children's homes for children in need of care and protection. It also defined
the age of criminal responsibility for boys at 12 years and for girls at 14
years.
The Children
Act, 1960 The Children Act, 1960, was a landmark legislation in the development
of the juvenile justice system in India. The Act repealed the Reformatory
Schools Act and the Bengal Children Act and provided for a comprehensive legal
framework for the treatment and rehabilitation of juvenile offenders. The Act
defined a juvenile as a person who had not completed 16 years of age and
provided for the establishment of juvenile courts and juvenile homes.
The Act also
introduced the principle of the best interests of the child, which requires
that the child's welfare be the primary consideration in all decisions related
to the child. The Act provided for the appointment of probation officers to
assist the court in the treatment and rehabilitation of juvenile offenders. It
also allowed for the release of juvenile offenders on probation and provided
for the establishment of aftercare organizations to support the reintegration
of juvenile offenders into society.
The Juvenile
Justice Act, 1986 The Juvenile Justice Act, 1986, was another significant
milestone in the development of the juvenile justice system in India. The Act
raised the age of criminal responsibility for boys to 16 years and for girls to
18 years. The Act provided for the establishment of juvenile boards and
juvenile homes and allowed for the release of juvenile offenders on bail or
probation.
The Juvenile
Justice (Care and Protection of Children) Act, 2000 The Juvenile Justice (Care
and Protection of Children) Act, 2000, was a comprehensive legislation that
provided for the care, protection, and rehabilitation of children in conflict
with the law and children in need of care and protection. The Act defined a
juvenile as a person who had not completed 18 years of age and introduced the
concept of a child in need of care and protection.
The Act
provided for the establishment of juvenile justice boards and child welfare
committees and allowed for the release of juvenile offenders on bail or
probation. The Act also introduced the concept of foster care and adoption for
children in need of care and protection.
Constitutional
Provisions
The
Constitution of India provides for the protection and welfare of children,
including children in conflict with the law. The Indian judiciary has
interpreted various constitutional provisions to uphold the rights of children
and ensure that they receive fair and just treatment under the law. The
following are some of the constitutional provisions in India regarding juvenile
justice.
Article 15(3)
Article 15(3) of the Constitution of India provides for the protection of
children from discrimination on the grounds of religion, race, caste, sex, or
place of birth. This provision prohibits any law, policy, or practice that
discriminates against children in conflict with the law. It ensures that all
children, regardless of their background or circumstances, are treated equally
and fairly under the law.
Article 21
Article 21 of the Constitution of India guarantees the right to life and
personal liberty to all persons, including children. This provision ensures
that children in conflict with the law are not subjected to cruel, inhuman, or
degrading treatment or punishment. It also guarantees the right to a fair and
impartial trial and the presumption of innocence until proven guilty.
Article 39(e)
and (f) Article 39(e) and (f) of the Constitution of India mandate that the
state shall provide for children's welfare and protect them from exploitation.
These provisions require the state to ensure that children in conflict with the
law are treated with care and compassion and provided with opportunities for
rehabilitation and reintegration into society.
Article 45
Article 45 of the Constitution of India provides for free and compulsory
education for all children up to the age of 14 years. This provision ensures
that children in conflict with the law have access to education and vocational
training, which is essential for their rehabilitation and reintegration into
society.
Juvenile
Justice (Care and Protection of Children) Act, 2015 The Juvenile Justice (Care
and Protection of Children) Act, 2015, is a comprehensive legislation that
provides for the care, protection, and rehabilitation of children in conflict
with the law and children in need of care and protection. The Act incorporates
various constitutional provisions and ensures that the rights of children are
protected.
Article 47
Article 47 of the Constitution provides that the State shall regard the raising
of the level of nutrition and the standard of living of its people and the
improvement of public health as among its primary duties. This provision
recognizes the importance of the physical and mental well-being of the people
and the need for the State to take steps to improve their health and
well-being. The provision is particularly relevant to the juvenile justice
system as it ensures that every child is entitled to proper nutrition and
health care.
Juvenile
Justice (Care and Protection of Children) Act, 2015
The Juvenile
Justice (Care and Protection of Children) Act, 2015 is a landmark legislation
in India that aims to protect the rights and welfare of children in conflict
with the law and children in need of care and protection. The Act was passed by
the Parliament of India on December 22, 2015, and came into force on January
15, 2016. The Act replaces the Juvenile Justice (Care and Protection of
Children) Act, 2000, and brings significant changes to the juvenile justice
system in India.
The Juvenile
Justice (Care and Protection of Children) Act, 2015, is based on the principles
of the United Nations Convention on the Rights of the Child (UNCRC) and the
Beijing Rules. The Act seeks to provide for a child-friendly approach in
dealing with children in conflict with the law and children in need of care and
protection.
Some of the key
features of the Juvenile Justice (Care and Protection of Children) Act, 2015,
are discussed below:
1. Definition of a child: The Act defines
a child as a person who has not completed 18 years of age. The Act provides
that any person who commits an offense before the age of 18 years shall be
dealt with under the provisions of the Act.
2. Juvenile Justice Boards (JJBs): The Act
provides for the establishment of Juvenile Justice Boards (JJBs) in every
district of the country. The JJBs are responsible for determining the age of
the child, and if the child is found to be in conflict with the law, the JJB
will conduct a preliminary assessment to determine whether the child should be
sent for rehabilitation or tried as an adult.
3. Child Welfare Committees (CWCs): The
Act provides for the establishment of Child Welfare Committees (CWCs) in every
district of the country. The CWCs are responsible for providing care and
protection to children in need of care and protection. The CWCs have the power
to order the removal of a child from a hazardous environment and to order the
placement of the child in a suitable institution or with a fit person.
4. Rehabilitation and social
reintegration: The Act provides for the rehabilitation and social reintegration
of children in conflict with the law and children in need of care and
protection. The Act provides for the establishment of observation homes,
special homes, and aftercare organizations to provide care and protection to
these children.
5. Adoption and foster care: The Act
provides for the adoption and foster care of children in need of care and
protection. The Act lays down the procedures for adoption and foster care and
provides for the establishment of adoption and foster care agencies.
6. Special provisions for heinous and rare
offenses: The Act also provides for special provisions for children who commit
heinous offenses. The Act mandates that children between the ages of 16 and 18
years who commit heinous offenses or rarest of the rare crimes may be tried as
adults if the Juvenile Justice Board deems it necessary.
Reforms
India's
juvenile justice system has undergone significant changes in recent years with
the enactment of the Juvenile Justice (Care and Protection of Children) Act,
2015. However, there is still a long way to go in ensuring that children in
conflict with the law and children in need of care and protection are provided
with the care and protection they deserve. In this article, we will discuss the
reforms that are desired in the juvenile justice system in India.
1. Strengthening of Juvenile Justice
Boards and Child Welfare Committees: The Juvenile Justice (Care and Protection
of Children) Act, 2015, provides for the establishment of Juvenile Justice
Boards (JJBs) and Child Welfare Committees (CWCs) in every district of the
country. However, there is a need to strengthen these institutions to ensure
that they function effectively. There is a need to ensure that JJBs and CWCs
are adequately staffed, and the members of these institutions are trained to
deal with children in a sensitive and child-friendly manner.
2. Improved infrastructure for
rehabilitation: The Juvenile Justice (Care and Protection of Children) Act,
2015, provides for the establishment of observation homes, special homes, and
aftercare organizations to provide care and protection to children in conflict
with the law and children in need of care and protection. However, there is a
need to improve the infrastructure of these institutions. The facilities should
be made child-friendly, and the children should be provided with adequate food,
clothing, and medical care.
3. Ensuring the rights of children:
Children in conflict with the law and children in need of care and protection
have rights that need to be protected. The Juvenile Justice (Care and
Protection of Children) Act, 2015, provides for the protection of the rights of
children. However, there is a need to ensure that these rights are protected in
practice. The children should be provided with legal aid, and their privacy and
confidentiality should be maintained.
4. Improved coordination between different
institutions: There is a need to improve coordination between different
institutions that deal with children in conflict with the law and children in
need of care and protection. There is a need for better coordination between
the police, JJBs, CWCs, and other institutions to ensure that the children
receive the care and protection they need.
5. Increased awareness and sensitization:
There is a need to increase awareness and sensitization among the public, law
enforcement agencies, and other stakeholders about the rights and needs of
children in conflict with the law and children in need of care and protection.
There is a need to promote a child-friendly approach in dealing with these
children.
6. Strengthening of monitoring mechanisms:
There is a need to strengthen the monitoring mechanisms to ensure that the
provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015,
are implemented effectively. There is a need to establish an independent
monitoring mechanism to monitor the functioning of JJBs, CWCs, and other
institutions.
