The Juvenile Justice System

INTRODUCTION

As per the law of the country, a child who has not completed a specific age is considered as Juvenile. Different country have different age limit for juvenile. In India after passing The Juvenile Justice (Care and Protection of Children) Act 2000, any person below the age of 18 is considered as a child as the mental state of adults and children are different. Therefore, there is a need to treat them separately under the different purview of law. And so there are different provisions in our legal system to ensure that children do not suffer any ailment due to prevalence of similar legal system.

Due to negative social and environmental factors and not getting proper care and guidance, a child mind can deviate towards criminal tendency. A healthy environment excluding violent and permissive families, unstable neighbourhoods and delinquent peer groups should be provided to children so that they can become a responsible citizen of a country. Along with his parents, the government and society have a duty to ensure that the child develops into a physically fit, socially engaged, and psychologically aware person who is skilled and capable of contributing to the country. The Government must correct and reform the children who are involved in criminal or in any illegal activity.

REASONS BEHIND JUVENILE CRIME

A person may become a criminal due to a variety of factors, but criminality is not something that comes naturally to them. The environment a person is exposed to both inside and outside of their home, the actions of family members or other close friends, and their mental and physical health all have a significant impact on how they will live their lives. When it comes to India, it can be claimed that social media and poverty both have a significant impact on the criminal behaviour of young people. They are drawn to all of these activities due to a desire for money. Social media can also leave a negative impact on young minds.

Reasons that could stray a child behaviour includes the following conditions:

1. Family conditions:

• Nuclear family
• Lack of understanding, affection and care.
• Lack of openness and frankness between parents and
• Unhappy and unsatisfied relations with
• Lack of responsibility and discipline.

2. Social conditions:

• Loneliness, lack of people to interact and share
• Influence of friends and bad
• Communal influence
• Overstimulating films and shows

LAW AND JUVENILE JUSTICE SYSTEM IN INDIA, THE US AND UK

INDIA

The Government of India adopted a National Policy Resolution in 1974, when the number of juvenile delinquency become an issue in the country. This resolution provided guidelines and set priorities to organise programmes for children who were indulged in deviant behaviour. The following are the policy and measures of the National Policy Resolution, 1974:

• A comprehensive health programme shall cover all children
• Programmes shall be implemented to provide nutrition services to remove deficiencies in the diet of
• The state shall take steps to provide free and compulsory education for all children up to the age of 14. Special efforts will be made to reduce the prevailing wastage and stagnation in schools in cases of girls and children of weaker sections.
• Children who are not able to take full advantage of formal school education should be provided other forms of education suited to their
• Physical education, games, sports, cultural and scientific activities and other types of recreational activities shall be promoted in schools.
• Special assistance shall be provided to all children belonging to the weaker sections such as Scheduled Castes and Scheduled Tribes and economically weaker
• Children who are socially handicapped or who have become delinquent or are forced to beg shall be provided facilities of education, training and
• Children shall be protected against cruelty and exploitation.
• No child under 14 years of age shall be permitted to be engaged in any hazardous
• Facilities shall be provided for special treatment, education, rehabilitation and care of children who are physically handicapped, emotionally disturbed and mentally

• Children shall be given priority for protection and relief in times of distress and natural

Juvenile Justice (Care and Protection of Children) got introduced in 2000 which was replaced by was replaced by Juvenile Justice (Care and Protection of Children) 2015. The following are reasons to amend Juvenile Justice Act, 2000:

• The government amended the existing law dealing with children in conflict with the law citing implementational issues and procedural delays with adoption,
• The government also cited figures from the National Crime Records Bureau to show that there had been a hike in the number of juveniles committing crimes, particularly in the age bracket of 16 to 18
• In the 2000 Act, there was no distinction between children in conflict with the law and children in need of care and protection. The amended act changed that.
• The 2000 Act also did not have provisions for the reporting of abandoned or lost children to the appropriate authorities, in order to ensure their protection and care.
• The amendment in the 2000 law came about because of public outrage at the in Delhi gang-rape case (Nirbhaya Case) in 2012. One of the offenders in the case was a 17- year-old.
• The legislation strives to achieve a balance between child rights and justice by not sentencing juveniles to the death sentence and life imprisonment.

In the case of Dr Subramanian Swamy And Ors v. Raju Thr. Member Juvenile Justice1, caused many developments and changes in the juvenile justice system of India. In this case, one of the petitioner held that the fifth accused, a juvenile must not be tried under Juvenile Justice Act and entitled to the benefits of Juvenile Justice Act. The Supreme Court dismissed the petition by stating that the aim behind treating a person below 18 years of age as a juvenile is to ensure their rehabilitation and transform them into better citizens of the country

UNITED STATES

In the United States of America, the juvenile justice system was first established in 1899 which had a rehabilitative approach. The juvenile system in the US engaged in their rehabilitation. The Child and Youth Welfare Code, Precedential Decree No. 603 define a youth offender as ‘one who is above nine years of age but less than 21 years of age at the time of the commission of the offence’.

In the case of In re Gault ²dealt with the rights of juveniles in the US. It was held for the first time that juveniles have similar rights as adults, like the right to an attorney, notice of charges, remain silent, etc. This case also remains a crucial piece of fair procedural treatment entitled to juveniles.

Roper v. Simmons ³is another case related to juveniles. In the US, imposition of the death penalty for cruel crimes committed by juveniles was believed to be harsh and unusual punishment. First, juveniles lack a sense of responsibility and maturity and are not in a position to understand the consequences of the Act they committed. Second, juveniles are easily influenced by negative people and peer pressure. Third, a juvenile’s character is not as similar to that of adults. Therefore, the former possess far more potential for rehabilitation.

UNITED KINGDOM

When a juvenile commits a minor offence, they are kept under police supervision. The case ends with police supervision, and no further referral into the juvenile justice system is made. According to Section 16 of the Children and Young Person Act, ‘A child under the age of 10 years should not be arrested’.

In case of IPH v. Chief Constable of South Wales4, it was claimed that an eleven-year old boy is in a position to understand the consequences of his actions and the damage they caused to the motor vehicle. However, the Court held that the defendant was not liable, and no evidence could prove that the juvenile knew what he was doing and the consequences of his action.

CONCLUSION

A child’s mental condition is different from an adult’s when they commit a crime, hence they need to be given the appropriate treatment. Children have a flexible attitude, therefore society and the government should always treat them with love and charity, get rid of their criminal mindsets, reassert normalcy in their lives, and give them all they need to develop into contributing members of society.

Even though the Juvenile Justice Act has been updated to be more specific and current in every nation, it must still be properly implemented if the government is to succeed in reducing juvenile crime. The government must pay attention to the factors contributing to the rise in juvenile crimes as well as the increasing number of juvenile offences that need to be addressed.

¹ Dr. Subramanian Swamy And Ors v. Raju Thr. Member Juvenile Justice, AIR 2014 SC 1649.

² In re Gault, 387 US 1 (1967)

³ Roper v Simmons, 543 US 551 (2005)

⁴ IPH v. Chief Constable of South Wales, [1987] Crim LR 42.