Authored By: Aditi Singh
INDIAN INSTITUTE OF MANGEMENT ROHTAK
CHAPTER-I
INTRODUCTION
Children are the upcoming youth of the nation, and how we approach juvenile justice today will shape not only their future but the very fabric of our society tomorrow. The very basic idea behind the creation of juvenile justice was the protection and well-being of children as well as the people living in the country. It becomes very critical to evaluate the degree of seriousness of a crime done by a juvenile and examine what aspects can be done to improve the child’s action because, in the end, they are in the stage where only improvement can be achieved through them. ‘Nil Novi spectrum’ is a Latin phrase that means Nothing is new in the world and is considered apt description for the juvenile justice system. There has always been a global perception that youth should be given more leeway because it is generally believed that they become aggressive when they are angry, by imposing severe punishment on them will only make them more violent and aggressive making them do more such acts in the future. Handling them with leniency will be considered a more cultured way to do it. While some contend that punishment is required to uphold the rule of law and prevent crime, others think that reforms are a more effective means of lowering crime and fostering reintegration. There is an ongoing debate over this topic where the outcome is hard to predict among the two. India prioritizes rehabilitation over punishment because it becomes important for a juvenile to be seen as a child in many cases. On the other side of the story, it is also as important to punish them if the crime oversees the jurisdiction because now it becomes a foremost duty to give justice that can be only achieved through imposing severe punishment on them. Juvenile crime presents a complex challenge. On the one hand, young offenders have broken the law, and society seeks justice. On the other hand, these offenders are often still developing, both mentally and emotionally. This raises the question—should we treat them like adults and prioritize punishment, or should we focus on rehabilitation and offer them a chance to reform? Children are at a pivotal stage in their lives—full of curiosity, energy, and potential. As they grow into youth and eventually adulthood, they will become the leaders, innovators, and change-makers of our communities. This makes it more important for any judgment that will be delivered to be assessed more diligently keeping the interest of the state as well. To strike a perfect balance between rehabilitation and punishment it becomes important to set boundaries by seeing the severity of the cases. By enacting the juvenile justice act in the country, it makes the goal achievable and realistic. India has made significant strides in improving its juvenile justice system, with an emphasis on rehabilitation, child protection, and ensuring that young offenders have the opportunity to reform and reintegrate into society. Over the years, several initiatives, policy reforms, and amendments to existing laws have contributed to the country’s progress in addressing juvenile delinquency and safeguarding children’s rights. These crimes frequently have early life experiences, dominant masculinity, upbringing, financial hardships, and illiteracy as contributing factors. The fact that kids as young as six to ten years old are increasingly being used to commit crimes is disheartening. They are inexpensive to manipulate because they are naive and susceptible to manipulation. This may be a contributing cause, but in rare instances, children purposefully commit such an act, for which they suffer harsh penalties that may take any shape the board deems appropriate.
Its main goal is to safeguard children by treating them appropriately and establishing an atmosphere that promotes healthy human growth. It is a socio-legal method of creating circumstances for young offenders to be rehabilitated. In order to treat young offenders fairly and enable them to live peaceful, moral, and democratic lives, juvenile justice laws have been put into place in almost all modern nations. People under the age of eighteen are subject to these laws. In order to ensure that kids receive a proper investigation and are not viewed and judged as adults, juvenile justice is delivered through child-friendly juvenile courts. If they were tried in the same court as them, it would be extremely difficult to correct them.
CHAPTER-II
HISTORY OF THE EVOLUTION OF THE JUVENILE SYSTEM IN INDIA:
Juvenile justice has evolved through many stages, every time improving its facts and coming up with enforceable changes that can actually improve the conditions of the juvenile justice board making it more effective in every aspect. The main ideology of the system is to provide a better place so that there would be a place for improvement that would be accepted by the child. It prioritizes improvement rather than laying punishment on every juvenile which will only make them more distant from society. The evolution can be divided into six phases wherein, it was amended by keeping in mind the interest of the people.
STATUS OF JUVENILE JUSTICE PRIOR TO 1773:
The evolution of juvenile justice dates back to 1773 when the full authority and responsibility of a child was in the hands of their parents or any guardian. It was the sole responsibility of the parent to provide proper nurturing and care for their child. According to Islamic law if anyone found an abandoned child and felt that child would be harmed, then he was under a duty to take care of the child. This step was taken when there were no rules and regulations which were carried out in India more on the national level. The year was also considered to be a benchmark in the Indian legal system as the Regulating Act of 1773 granted East India Company the power to mold and enforce laws and regulations due to which many committees were established between 1773 and 1850 where it looked for the children who were locked up in jail. Many reformers took up their jobs to ensure a proper place was set for the vagrant and destitute juveniles. This was the point through which the whole concept of providing rehabilitation to children started to take place. The first ragged school was set up in 1843, in Bombay which is now known as David Sasson Industrial School. The primary objective was to reform the child delinquents who were arrested, they were made to work in the industrial training, which was the base of Apprentices Act 1850.
STATUS OF THE ACT FROM 1850-1919:
India adopted the United Nations Minimum Rules for the administration of Juvenile Justice, in 1985 it is also known Beijing Rules, which later came to be the Juvenile Justice Act of 1986. Its emphasis is on the importance of treating juvenile offenders differently from the crimes done by adults prioritizing more rehabilitation, reform, and reintegration rather them giving them severe punishment. The Beijing Rules became the international guide of how should juvenile offenders should be handled by imposing no punitive measures upon them.
Juvenile Justice Act of 1986 was India’s first comprehensive law which was addressing juveniles in accordance with law. It was clearly mentioned in the Code of Criminal Procedure that there would separate judicial trials would be conducted for children below 15 years of age and importantly they would be confined in reformatories rather than in adult prisons, the period of incarnation for any child should be less than three years or not more than seven years to provide the child a second chance to improve his conduct.
There was a smooth ongoing process in handling the cases of juvenile offenders from the period of 1872 to 1875.
The Juvenile Justice (Care and Protection of Children) Act 2000:
The act replaced the earlier Juvenile Justice Act of 1986 to make it more effective and to show it in accordance with international conventions similar to the UN Convention on the Rights of the Child. This act was particularly designed for children below the age of 18 years of the group who were accused of committing an offense. Special Juvenile Justice Boards (JJBs) were created to handle cases involving juveniles, this was ensured that no child was subjected to harsh or degrading punishment.
Juvenile Justice (care and protection of children) Act, 2015:
There was a huge amendment done in 2015 regarding the punishment given out for heinous crimes committed by children under a specific age group. Although the act did define children as Juveniles who are below the age of 18 years. However, the act introduced a significant change by allowing children aged 16 to 18 years to be tried as adults if the case they have been indulging in involves any heinous offenses or a crime that carries a punishment of seven years or more. The act does not completely dissolve the concept of rehabilitation, even for the children registered under heinous offenses they have been kept in reformative homes until the age of 21 before they have been transferred to adult prisons.
CHAPTER-III
LANDMARK JUVENILE SUPREME COURT CASES IN INDIA:
There have been some landmark cases under juvenile justice that have had a significant impact under the Juvenile Justice Act which also impacted the evolution of juvenile law and children’s rights in India.
Hari Ram v. State of Rajasthan (2009):
The case was one of the landmark judgments that has a far-reaching approach in criminal proceedings in India. In this particular one, Hari Ram was accused of raping a minor girl. The trial court found him guilty and sentenced him to life imprisonment for the same. However, when an appeal was conducted in the High Court, the court acquitted Hari Ram on the grounds of lack of evidence. Thereafter, there was dissatisfaction showcased by the State of Rajasthan which again lodged an appeal before the Supreme Court.
Jarnail Singh v. State of Haryana (2013):
It is one of the landmark judgments declared by the Supreme Court of India which will be dealing mainly with the interpretation of certain provisions of the IPC related to rape and also the Protection of Children from Sexual Offences Act. The case served as a landmark precedent in how the courts should handle the establishment of age in cases involving minors, particularly those related to sexual assault.
It further strengthened children’s protection under the law since determining the age of victims is to be conducted strictly, more so in cases that would influence charges or punishment dealt to offenders.
CHAPTER- IV
LITERATURE REVIEW
The primary focus of juvenile justice systems worldwide is to determine how to treat young offenders effectively while balancing accountability and the potential for reform, the objective of this research was to examine why is it important to give a second chance to juveniles for their own benefit and the growth of an individual. Developmental theories suggest that children and adolescents are still undergoing emotional, psychological, and cognitive development, which makes them more susceptible to external influences, both positive and negative. The rehabilitation model is rooted in the belief that juveniles are inherently capable of change and should be given the opportunity to reform rather than face severe punitive measures. The punishment model, on the other hand, is based on deterrence and retributive justice, where the focus is on imposing consequences for wrongdoing to prevent future crimes and hold offenders accountable. Deterrence theory argues that the fear of punishment will discourage not only the offender but also others from committing crimes, and will improve the structure of the whole judicial system which will ensure the safety of the citizens of the country. Developmental neuroscience has provided significant insights into the cognitive and emotional differences between juveniles and adults. Research shows that the prefrontal cortex—the part of the brain responsible for decision-making, impulse control, and understanding consequences—continues to develop well into a person’s early 20s.
CHAPTER-V
A ROAD AHEAD- A BALANCED FUTURE:
For a child who commits an offense, the rehabilitation and accountability must be balanced. So, there should be a harmonious approach to achieve rehabilitation rather than accountability of the child offender. This system should be able to provide good care to the juvenile, recognition of the need to give rehabilitative treatment, protection of society, and accountability of the juvenile who has committed an offense.
- Rehabilitation instead of Punishment:
The Road Ahead: A balanced system of juvenile justice works in the rehabilitation of juvenile offenders rather than punishing them alone. The logic behind this notion is that minors are more impressionable and susceptible to change; thus, the justice system should work on correct behavioral patterns through counseling, education, vocational training, and therapies.
Future Vision: The rehabilitation program should be made better and wide-ranging enough so that juveniles, particularly those from vulnerable or minority communities, can be provided with the opportunity to rejoin a positive society.
- Differences between Juveniles and Adults:
The Road Ahead: The system should be able to understand the differences among young people and adults in terms of cognition and emotion to react similarly. The courts and lawmakers should also ensure that the youngsters are tried before juvenile courts and not the adult courts except for the most serious offenses.
Vision Ahead: Psycho-social development of young people should be taken into consideration while designing legal structures. More emphasis on maturity instead of age in deciding the most appropriate legal path.
