JUVENILE JUSTICE – Justice to Whom?

ABSTRACT

This article delves into the intricate dynamics of the juvenile justice system, posing a critical question: does the system deliver justice for its young participants? It explores the balance between rehabilitative goals and punitive measures, scrutinizes the impact of legislative changes, and evaluates the role of external factors such as race and socioeconomic status. By analyzing recent legal developments, case law, and empirical research, this article seeks to provide a comprehensive overview of whether the juvenile justice system upholds the principles of justice it was designed to champion.

INTRODUCTION

The concept of juvenile justice has long been a subject of debate. As the title suggests justice to whom– justice to victim or justice to accused in case of offence is committed by a JUVENILE.

Initially designed as a framework for rehabilitation instead of a punitive nature. The juvenile justice system needs of juvenile offenders while giving them positive development. However, the real objective of this system in achieving true justice still remains contentious.

MEANING

A child who has committed an offence and he/she is under the age of 18 is called a Child in Conflict as per section 14 of the act.[1]

A Juvenile is a person who is not old enough to be considered an adult and a Child below 18 years.[2]

The word refers to someone not psychologically or emotionally immature although the

exact age range depends on the jurisdiction and legal context.[3]

The term JUVENILE JUSTICE is meant by a legal system that deals with cases involving person under the age of 18. The system minimizes incarceration and focuses more on rehabilitation rather than the adult system including arrest, detention, hearings, and probation.

HISTORICAL BACKGROUND

The historical evolution of juvenile justice reflects a shifting landscape of legal principles and societal attitudes towards youth crime.

Before the Juvenile Justice Act, of 2015 the acts of 2000 and 1986 were prevalent and the Children Act of 1960 aimed to affect the international responses towards the concerns of juvenile justice by which they provided a common policy that secured the rights of juvenile offenders and that looked at care, treatment, rehabilitation & well-being of a juvenile.[4]

Before the independence, the Bengal Children Act, of 1891 was prevalent and which provided for the establishment of Juvenile Courts and Probation Officers.[5]

With the emergence of the involvement of Juveniles in offences, the Indian Lawmakers stressed to frame effective and progressive statutes for the contemporary concerns of the Juvenile Justice System in India.

Consequently, the Juvenile Justice (Care and Protection of Children) Act, of 2015 has been introduced with remarkable changes. One of the most significant is Juveniles of the age 16-18 should be tried as an ADULT.[6]

Juvenile Justice Act,2015 came into force by surpassing the earlier act of 2000.

The Juvenile Justice Act,2015 was formed in keeping mind Articles 15(3), 39(e), 39(f), 45 & 47 of the INDIAN CONSTITUTION.[7]

OBJECTIVES

• The act is introduced with the main objective of amending and making a robust statute concerning to categories of children covered under the act.
• It provides for basic needs, protection, care, development & treatment.
• The act adopted a child-friendly approach for adjudication and resolving the matters involving juveniles.
• The act also provides for aftercare progress & the establishment of an organization to help juvenile offenders become gentle citizens of the society.

INTERNATIONAL STANDS JUVENILE JUSTICE– The UN’s General Assembly adopted the convention on the rights of children on 20^th November 1989, which laid down a set of rules to be followed by all the states in ensuring the best of the Juvenile,[8]

The UN & UNICEF have always emphasized for the better interest of the juvenile, for instance-

• UN Standard Mini Rules for the Administration of Juvenile Justice. (Beijing Rules)[9]
• UN Guidelines for the Prevention of Juvenile Delinquency. (Riyadh Guidelines)[10]
• UN Rules for the Protection of Juvenile Delinquency of their Liberty. (Havana Convention)[11]

Why There is a Rise in Juvenile Cases

In the last few years, it has also been observed that the crimes committed by children under the age of 15-16 have increased significantly. The general tendency or the psychology behind the commitment to the crime or the causes of crime are early-life experiences, dominant masculinity, upbringing, economic havoc, lack of education, etc. It is a matter of ignominy that children under the age of 6-10 are nowadays used as instruments for carrying out unlawful or illegal activities. Since the minds of the kids possess an innocent and manipulative character, they can be lured at a meagre cost.

The following are the causes for the rise in the number of offences committed by JUVENILE-:

Economic Disparities: Poverty and economic instability remain significant contributors to juvenile delinquency. Limited financial resources can restrict access to essential services such as quality education, extracurricular activities, and family support systems.

Family Instability: The breakdown of family structures often correlates with higher rates of juvenile offending. Factors such as parental neglect, substance abuse within the household, and domestic violence can undermine the stability and support needed for healthy development.

Peer Influence: Peer groups that engage in or glorify criminal behaviour can create a social environment where illegal activities are normalized and encouraged.

Exposure to Violence: Exposure to violence, whether in the home, community, or media, can have detrimental effects on young individuals. Witnessing violence can desensitize juveniles to aggressive behaviour, while direct exposure may contribute to a cycle of violence in which they become perpetrators themselves.

Educational Struggles: Poor academic performance and disengagement from school are associated with higher rates of juvenile crime. Challenges such as learning disabilities, lack of academic support, and high dropout rates can leave juveniles without the skills and opportunities needed for positive development, increasing their risk of criminal behaviour.

 Substance Abuse: The misuse of drugs and alcohol is a symptom and a driver of juvenile delinquency and symptom and a driver of juvenile delinquency.

Source: Juveniles in conflict with the law, Crime in India 2013, National Crime Records Bureau.

Suggestions/Preventive Measure

Implementing a multi-pronged strategy that focuses on both immediate interventions and long-term solutions. Here are several key steps that can be taken to resist and reduce crimes committed by juveniles:

• Strengthen Family Support Systems

Parenting Programs: Develop and promote parenting programs that offer guidance on effective parenting techniques, conflict resolution, and creating a supportive home environment.

Family Counselling: Provide accessible family counselling services to address issues such as domestic violence, substance abuse, and parental conflict, which can impact a juvenile’s behaviour.

• Enhance Educational Opportunities

Early Intervention: Implement programs that identify and support at-risk students early in their academic careers to address learning difficulties and behavioural issues.

Engagement Programs: Create engaging and relevant curricula that cater to diverse learning styles and interests, keeping students motivated and invested in their education.

• Reform Juvenile Justice Policies:

Rehabilitation Focus: Shift the focus of juvenile justice policies towards rehabilitation and reintegration rather than punishment, ensuring that juveniles receive the support necessary to make positive changes.

Training for Law Enforcement: Train law enforcement officers in juvenile justice practices to handle cases with an understanding of adolescent development and appropriate interventions.

• Promote Social and Economic Development

Job Training Programs: Develop job training and employment programs for at-risk youth to provide them with skills and opportunities for economic independence.

Community Development: Govt. should expand more on community development projects that improve living conditions and provide resources for families and youth in disadvantaged areas.

• Promote Positive Peer Influence

Peer Leadership Programs: Develop peer leadership and mentorship programs that encourage positive role models and foster supportive peer relationships.

Extracurricular Activities: Increase access to extracurricular activities such as sports, arts, and community service, providing constructive outlets for juveniles to develop skills and interests.

• Improve Access to Mental Health Services

Counselling Services: Expand access to mental health services in schools and community centres to address issues such as depression, anxiety, and conduct disorders. 

CONCLUSION

The juvenile justice system plays a crucial role in shaping the future of young offenders and, by extension, society as a whole. While it is designed to balance accountability with rehabilitation, ongoing challenges such as disparities in treatment and the need for more effective interventions persist. Ensuring that the system evolves to address these issues is vital for fostering a more equitable approach to juvenile justice. By focusing on evidence-based practices, community support, and individualized care, we can work towards a system that not only addresses juvenile crime effectively but also promotes the positive development and reintegration of young individuals into society.

Reference(s):

[1] The Juvenile Justice (Care and Protection of Children) Act, 2015.

[2] dictionary.org

[3] vocabulary.com

[4] blog.ipleaders

[5] https://ssm.com?abstract=4403687

[6] blog.ipleaders

[7] blog.ipleaders

[8] Prof. N.V. Paranjape, Criminology, Penology with Victimology, page no 673, Central Law Publications, 17^th edition,2017.

[9] https://www.ohchr.org/en/instruments-mechanisms/instruments/united-nations-standard-minimum-rules-administration-juvenile

[10] https://resourcecentre.savethechildren.net/document/united-nations-guidelines-prevention-juvenile-delinquency-riyadh-guidelines-ares45112/

[11] https://www.ohchr.org/en/instruments-mechanisms/instruments/united-nations-rules-protection-juveniles-deprived-their-liberty#:~:text=All%20disciplinary%20measures%20constituting%20cruel,health%20of%20the%20juvenile%20concerned.