No one is born a criminal. Various causes turn them into criminals. As time passes, the crime rate is increasing day by day all around the world. There is a Latin maxim ‘Nil Novi Spectrum’ which implies that nothing is new on this earth. The main reason behind the increasing crime rate is not a single cause but an outcome of multiple diverse causes like economic, cultural, physiological, or family background. In recent times, crime among children has become very common. In the dynamic landscape of criminal justice, the treatment of juvenile offenders stands as a critical and evolving facet. Legal systems worldwide are continually reassessing their approaches to strike a balance between accountability and rehabilitation, and India is no exception. Over the years, the country has witnessed significant amendments to its juvenile justice laws, notably with the enactment of the Juvenile Justice (Care and Protection of Children) Act in 2015. This legislative milestone brought about nuanced changes, introducing provisions that aimed to address the complex issues surrounding juvenile delinquency.
As we delve into the impact of these legal amendments on juvenile offenders in India, it becomes imperative to explore the multifaceted dimensions of the juvenile justice system. From redefining the age of criminal responsibility to addressing the rehabilitation and social integration of juvenile offenders, the amendments reflect a broader societal commitment to fostering an environment that nurtures the potential for redemption and reformation.
AIM/OBJECTIVE
Juvenile Justice Act aims to provide a system of justice that is child-friendly and ensures the welfare of Juvenile offenders. The Juvenile Justice Act was introduced to safeguard and work for the child’s best interest. It also focuses on providing proper guidance for academic and vocational training. Its main objective is to reform, rehabilitate, restore, repatriate, and rescue the children.
RESEARCH METHODOLOGY
This paper is descriptive and analytical and research has been based on several secondary sources such as newspapers, online journals, books, articles, and online publications. Efforts were made to select sources that offer a variety of perspectives and a fresh outlook on the Juvenile Justice (Care and Protection of Children) Act, 2015, and its historical evolution. It also involves the Amendment Bill, 2018 and 2021, and it was thoroughly ensured that they were reliable and up-to-date.
JUVENILE JUSTICE ACT
The act outlines the procedure for handling cases involving juvenile offenders, including treatment, rehabilitation, and reintegration into society. It also emphasizes the importance of delinquency and promoting the child’s best interest in all decisions related to their care and protection. The reorganization of offenses as “serious offenses,” regardless of whether they entail a minimum mandatory sentence of less than seven years in prison or a maximum penalty of more than seven years in jail, is another crucial alteration made to better streamline the interpretation of this Act. The Juvenile Justice (Care and Protection) Act, 2015 divided juvenile accusations into three categories: minor offenses, serious offenses, and heinous offenses. Serious offenses include those for which the Indian Penal Code or another relevant statute stipulates a sentence of three to seven years in prison.
HISTORICAL EVOLUTION OF JUVENILE LAWS
The Juvenile justice system in India has observed a long procedure of evolution, as it is evolved through various acts. The Apprentice Act was enforced in 1850, which provided rights and protection for children between the age group of 10 years to 18 years. The committee recommended that vocational training must be a part of rehabilitation. This law allowed the courts to treat children who had committed petty crimes as apprentices instead of sending them to jail.
Indian Penal Code, 1860 was a code that penalizes all illegal acts. It includes two provisions for the Children, i.e., Doli Capax and Doli Incapax describe the capability of any child to commit the offense. According to Indian laws, any child below the age of 7 years cannot be convicted under any law for any crime. Reformatory Schools Act, 1897 provides that children who conflict with law up to 15 years of age must be sent to reformatory cells for their rehabilitation.
A major step was taken in 1920 with the establishment of the first Juvenile Court in Madras under the Children Act of 1920 on the recommendation of the Jail Committee. It recognizes that children under the age of 16 years require special protection and care and ultimately a separate judicial framework specifically designed to deal with juvenile delinquency. Following the same the other states introduced their specific children acts like the Bengal Children Act, 1922, and the Bombay Children Act, 1924. Even though these acts could make a huge difference Because the criminal justice system has always been a state-specific subject, even in the Constitution. There was so much chaos and no clarity. In 1960, the Children Act was passed to provide the care, maintenance, protection, welfare, education, training, trial, and rehabilitation of neglected and delinquent children.
The Juvenile Justice Act, 1986 was the first central law on juvenile justice that provided a uniform law for the children of the whole country in this respect. In 1992, the government of India ratified the United Nations Convention on the Rights of the Child which made it expedient to have a new law that conformed to the standards of the convention. Hence, the Juvenile Justice Act, 1986 was repealed and the Juvenile Justice (Care and Protection of Children) Act, 2000 was enacted.
JUVENILE DELINQUENCY
Juvenile delinquency means the antisocial behavior or criminal act of a child (below 18 years of age). It may include the habitual committing of offenses against society. These behaviors may include criminal acts like theft, drug abuse, violence, and other offenses. Juvenile delinquency is a highly concerning issue that is influenced by various factors including family background, economic condition, societal environment, mental health, and peer pressure.
The government has taken various steps to address juvenile delinquency by focusing on prevention, intervention, and rehabilitation. Indian policymakers have a different aspect concerning the treatment of juveniles as they focus on the rehabilitation and reformation of children in conflict with the law instead of following a punitive measure. Government measures include the collaboration of schools with families, law enforcement, social services, and community organizations.
LEGAL AMENDMENTS
The government amended the existing law dealing with the child in conflict with the law citing implementational issues and procedural delays with adoption, etc. In the 2000 act, there was no distinction between the child in conflict with the law and children in need of care and protection. These principles were known as juvenile justice rules, 2007 came into existence through the official gazette. The act recommends different territories where the rules can be connected for better execution of the act under section 68.
One major reason for the amendment was the case of public outrage at the infamous Delhi gang rape case (Nirbhaya rape Case) in 2012. The Juvenile Justice (Care and Protection of Children) Act, 2015 was forced into law by the government in response to a national outcry after one of the six perpetrators of the horrifying 2012 Nirbhaya case, who was only a few months younger than 18, was tried as a juvenile and only received a three-year sentence in a reform facility.
The Juvenile Justice (Care and Protection of Children) Act, 2015 was replaced by the Juvenile Justice Act of 2000 with significant changes. Firstly the 2015 bill proposed the change from the word ‘juvenile’ to ‘child in conflict with law’. It also includes various new and clear definitions of the several words to remove ambiguity from the act. The board needs to choose the case of adolescence of the court procedures yet the case of immaturity can be raised under the eye of the court at any phase of proceeding. The Supreme Court reaffirmed in the Satbir Singh and others v. State of Haryana, that the Juvenile Justice Board will consider the date of birth listed in the school records when determining whether or not the accused is a juvenile.
The board must consider rule 12 of the Juvenile Justice Rules, 2007 while deciding the cases of adolescents. In the case of Kulai Ibrahim vs. State of Coimbatore, it was held that the blame of the issue of immaturity was appropriate at any time of the time amid preliminary or transfer of the case under section 9 of the act .
Secondly, it proposed the special provisions for the age group 16-18 years. In Krishna Bhagwan v. State of Bihar , the court held that the date the offense was committed should be used to determine the juvenile’s age for a juvenile justice board trial. It obligates the government to set up the Juvenile Justice Boards and child welfare committees in every district. The bill also includes clauses related to the adoption procedure for orphan, abandoned, and surrendered children. A statutory body was formed for the procedure of adoption and its effective functioning named, Central Adoption Resource Authority (CARA). As per the statistics, approximately 629 adoption cases are pending in the courts.
Another bill of 2021 came with a few amendments that proposed that Serious offenses will include offenses that are punishable by a maximum of seven years of imprisonment. The Juvenile Justice Board inquires about a child who is accused of a serious offense. It was also proposed that such offenses would be non-cognizable. The bill issued an order by the court establishes that the child belongs to the adoptive parents. An adoption agency is required to maintain paperwork in a civil court to complete the procedure of adoption of a child. The bill provides that, the order will be issued by the District Magistrate as well as the Additional District magistrate.
The bill provides that the order of adoption passed by the District Magistrate can file the appeal before the Divisional Commissioner, within 30 days of the order. These appeals would be disposed of within four weeks. Additional Functions of the District Magistrate include supervising the District Child Protection Unit and conducting a quarterly review of the functioning of the Child Welfare Committee.
The Bill proposes that all offenses under the earlier Act shall be tried in children’s court. Child Welfare Committees provides that a person who has any record of violation of human rights has been convicted of an offense involving moral turpitude, has been removed or dismissed from service of the central government, or any state government, or a government undertaking, will not be eligible to be a member of the Committee. If any of the members fails to attend the proceedings of the CWCs for consecutively three months without any valid reason shall be terminated by the state government from the committee.
IMPLICATIONS OF LEGAL AMENDMENTS ON JUVENILE OFFENDERS
The legal amendment of juvenile offenders in India has significant implications for the juvenile justice system and the treatment of young individuals involved in criminal activities. The amendment bill of 2021 proposes to bring frequent changes in the adoption procedure which is a matter of concern for lawyers, activists, parents as well and numerous adoption agencies as many cases were pending. The main issue that arose after the amendment is that delay in the adoption procedure, leads to children not being admitted to school due to the unavailability of documents. If the legal amendments prioritize rehabilitation over punitive measures, there may be a positive impact on juvenile offenders. These programs may address the underlying issues, such as substance abuse or mental health problems, leading to a reduced likelihood of reoffending. It also promoted focusing on education and vocational training for the development of skills in juveniles.
With the effect of recent amendments, it is easy to identify the status of mental health of a child whether he is actually in need of care and protection or requires to be penalized. They have also maintained an equitable balance between accountability and fair justice that is perceived by the juvenile offenders. This can foster trust in the legal process as well. Inevitably, these horrible crimes will only increase in the upcoming years due to the recent law that renders crimes against children non-cognizable, meaning that the police cannot arrest the accused without a warrant or launch an inquiry. Because of the imbalance of power, victims of these types of crimes are unable to take action for themselves and should be reported to the police immediately by parents, child rights organizations, and Child Welfare Committees (CWC). Nevertheless, given that they are paid daily, the parents of the children in question are either unwilling or unable to disclose the offenses to the authorities. They don’t want to become entangled in the drawn-out legal process because doing so would require them to miss work and incur expenses.
Child Welfare Committees were established by the Juvenile Justice Act of 2015 with the primary goal of protecting and caring for these children. However, in most cases, these committees take a non-committal approach to these situations and would rather that the parties involved resolve their differences amicably rather than call the police. The childcare facilities are regularly inspected and the children must be treated with utmost care. The law emphasizes the need to protect the identity and privacy of the juvenile offenders and the proceedings before juvenile justice boards are generally confidential.
While the legal amendment addresses concerns regarding juvenile offenders in serious crimes, its successful implementation may face challenges. These challenges could include ensuring the proper assessment of juveniles to determine their treatment as adults, providing appropriate rehabilitation and support within the adult system, and balancing the need for punishment with the principles of rehabilitation and reintegration.
Additionally, the legal amendment may also raise questions about the overall approach to juvenile justice in India. Furthermore, it is crucial to consider the potential long-term effects of treating juvenile offenders as adults. For example, there may be concerns about the potential for increased harshness in sentencing juveniles, the impact on their rehabilitation and prospects, and the effects may include the potential for increased stigmatization and limited opportunities for rehabilitation and reintegration into society.
CRITICAL ANALYSIS: FUTURE IMPACTS AND CONCERNS
The administration has implemented several adjustments with the new bill that give bureaucrats more accountability. The persistent failure of juvenile laws to be implemented, has led to an increase in minor offenses, the failure of minor agencies, and the drawn-out procedures of corruption, adoption, etc. To uphold the reformation and rehabilitation spirit of juvenile justice, this new bill has separated the offenses, eliminating uncertainty as well as but also shields the kids from the adult legal system to the greatest extent feasible. This will be accountable for making certain that smaller organizations operating in the districts adhere to all standards and protocols.
The recent amendment has a negative impact on India’s commitment to the rights of children on the international stage, as well as the spirit of the Juvenile Justice Act, given the rise in crimes against children. Hopefully, the legislature will correct this mistake and bring the legislation into line with its progressive goals, which include promoting, safeguarding, upholding, and encouraging children’s welfare. The Bill places District Magistrates solely in charge of ensuring the welfare of children, even though DMs are already overworked due to their other duties and the responsibility for the entire district. To make sure that this important issue is not overlooked in the rush of their daily responsibilities, the Ministry ought to think about providing them with the necessary assistance.
There may be delays and greater consequences for child welfare if all authorities pertaining to the rehabilitation of children are consolidated under one authority. Under the Act, the courts’ prerogative to redress grievances has been transferred to the executive. It seeks to do away with the role of judges, who are professionals at handling legal complexities.
The issues arise from a shortage of personnel to perform all these tasks. Despite the bureaucracy already being overburdened with numerous responsibilities, this bill gives them additional authority. To achieve the intended outcomes, a new system ought to have been taken into consideration, in my opinion, as the overabundance of functions will only lead to catastrophe if improperly monitored. This suggests that, like earlier acts, this bill will become obsolete.
CONCLUSION
While making sure that justice is administered in a timely and equitable manner, it is imperative to plug the current procedural gaps. It should be made easier for victims to report their experiences through their parents or independent civil society institutions to provide the victim with vital support and ensure that the child has an opportunity to lead a normal life. It is essential that suitable training in child protection legislation be made accessible as soon as possible, as district magistrates are often untrained or unable to deal with these unique laws.
The government might offer youth vocational training that is tailored to children’s interests and skill levels and focused on careers and livelihoods. Making the reincorporation of juveniles into society simpler would be greatly aided by giving preference to technology-driven courses and digital learning. Before we run out of time, all parties involved must get together to seize control of the issue and contribute to shaping the precarious lives of our country’s future.
Children who commit crimes are not only the offenders of society but also the victims of this sick society. One can put an end to juvenile delinquency at an early age, as long as the appropriate precautions are taken at home and in school. To nurture children, parents and instructors are crucial. and shaping the child’s mentality. Rather than assigning special taglines, it is important to take the required actions to provide young offenders with an extent of correction.
REFERENCE
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b) (n.d.). APPRENTICES ACT 1850 Indian Bare Acts – India Bare Act – Law Firm Lawyers India. Help Line Law. https://www.helplinelaw.com/docs/apprentices-act-1850
c) Dhingra, A. (2019, June 23). Rehabilitation of juveniles – leaders. iPleaders. https://blog.ipleaders.in/rehabilitation-of-juveniles/
d) (2023, June). Juvenile Justice Reforms: Evaluating the effectiveness of Rehabilitation Programs. Pen Acclaims, 26(ISSN 2581-5504).
e) Bose, A. (2021, August 9). Understanding the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 – iPleaders. iPleaders. https://blog.ipleaders.in/understanding-juvenile-justice-care-protection-children-amendment-bill-2021/#Concerns_over_the_Bill
f) Verma, A. (2020, April 11). Powers and Functions of the Child Welfare Committee – iPleaders. iPleaders. https://blog.ipleaders.in/powers-and-functions-of-child-welfare-committee/
g) Nirbhaya case: Four Indian men executed for 2012 Delhi bus rape and murder. (2020, March 20). BBC News. https://www.bbc.com/news/world-asia-india-51969961
h) The Juvenile Justices Act, 1986- Explanation in Brief. (2022, May 29). Thelawmatics.
i) The Juvenile Justice Care and Protection of Children Act, 2000 and The Juvenile Justice Care and Protection of Children Act, 2015. (n.d.). https://www.legalservicesindia.com/article/2482/The-Juvenile-Justice-Care-and-Protection-of-Children-Act,-2000-and-The-Juvenile-Justice-Care-and-Protection-of-Children-Act,-2015.
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