Juvenile Justice and the Rights of Young Offenders

Author: Geet Dua, NMIMS, School Of Law.

Introduction

The juvenile justice system was firmly introduced globally earlier; young offenders were treated the same as adults in the 1800s, the reforms slowly started to begin the establishment of training programs were introduced instead of punishing the offenders, India's juvenile justice system has evolved over time to align with international standards and protect the needs of young people who come into conflict with the law the laws established the main aim of juvenile justice to protect the young offenders from harsh punishments as the legislative believed that they should not be treated as adults and not to be punished under the codified laws written under the statues of IPC and CRPC as the maturity level required to conduct that crime is not present in a child’s mental capacity and the first time offender must have a opportunity to rehabilitate himself in the course of period under government authorities the government is responsible for ensuring the rehabilitation of juvenile offenders. The juvenile justice system aims to rehabilitate, reintegrate, and develop skills in young offenders Policies and Philosophy of Juvenile Justice Juvenile

Justice is based on the fact that legally, socially and psychologically, a child is different from an adult and thus criminal justice should not be addressed similarly. Juvenile Justice senses the fact that juveniles have not fully developed emotionally, intellectually and socially. Hence they may not realize the extent of impact of what they are doing or the consequences they are likely to cause. The goals of juvenile justice are to reform a juvenile offender and to prevent further criminal behavior. The system uses an approach of Integrating Family Support, Therapy, and Education to achieve this goal. The idea of the Juvenile Justice System is designed to help youthful offenders to be good citizens rather than punish them.The goals of the Juvenile Justice System include skills acquisition, the restoration and rehabilitation of the youths, treatment services, reintegration of the youths into society and safety of the society. What distinguishes the juvenile justice system over the adult criminal justice system is that the former is considerably more of a rehabilitation system. Therefore, for a youth case to be qualified to be a success story, the youth must be in a position to develop and transform without going through the hard probably lifeless conditions in adult prison, transform the future and their decisions regarding their future and most importantly, avoid future contact with both the juvenile and criminal justice systems. Purpose: The main goal of this study is to carry out a critical analysis of the current youth justice systems and this analysis to reveal most of the difficulties that stand in the way of effective protection of the rights of young offenders. This study is therefore intended to give additional insights into the systematic barriers to human rights compliance as well as policy and program interventions that will strengthen the system towards supporting the rights and needs of youths in conflict with the law.

Objectives

Document the Rights of Young Offenders: To systematically document the legal and human rights framework applicable to young offenders, including international conventions, national legislation, and judicial pronouncements.
 Examine the Impact of These Challenges: To assess the impact of these challenges on the lives of young offenders, including their physical, psychological, and social well-being.
 Review Existing Policies and Practices: This task involves critically analyzing existing policies, procedures, and practices within the juvenile justice system and evaluating their effectiveness in safeguarding the rights of young offenders.

Juvenile Justice System in India

The concept of juvenile justice emerged in the late 19th century, evolving into a robust legal framework in India with the Juvenile Justice (Care and Protection of Children) Act, 2015. This Act distinguishes between children in conflict with the law and those in need of care and protection, aligning with international standards like the UNCRC.

Triggered by the 2012 Nirbhaya case, the 2015 Act allows juveniles aged 16–18 to be tried as adults for heinous crimes. Juvenile delinquency, which rose by 65% over 15 years, is linked to factors like education levels, family backgrounds, and socio-economic conditions. In 2018, juveniles committed 31,591 crimes, mostly against property and linked to the IPC.

India’s juvenile justice system is rooted in Doli Incapax, ensuring non-penal treatment for minors under seven years, as defined in the Bharatiya Nyay Sanhita, 2023. The system emphasizes rehabilitation over punishment, advocating for community-based interventions through Observation and Special Homes.

Historical milestones include the Children Act of 1960, the Juvenile Justice Act of 1986, and the Juvenile Justice Act of 2000. These legislations sought to address adolescent misconduct, promote welfare, and align with global resolutions. Despite advancements, challenges like inadequate rehabilitation facilities, societal stigma, and inconsistent age determination persist.

The Juvenile Justice Act reflects India’s commitment to protecting children’s rights, ensuring their rehabilitation, and preventing criminal behavior. Moving forward, there is a need to address gaps in implementation, prioritize education, and foster a rehabilitative environment for young offenders.

Juvenile Justice Act, 2000

The Juvenile Justice (Care and Protection of Children) Act, 2000 has been passed to provide vigorous structure for the juvenile equity in the country, in concordance with the constitutional provisions as well as the global treaties. In another spirit, the Act has propelled to establish a considerable approach from April 1, 2001, to standardize the children category encompassed in the Act. But during implementation, there was poor coordination accompanied by a failure to agree on the time frame for reform. Juvenile Justice Act, 2015 In 2015, the Juvenile Justice (Care and Protection of Children) Act brought significant reforms to India: the trial of those between 16–18 years of age for heinous offences as adults. This legislation revamped procedures for abandoned, orphaned and surrendered children and integrated international framework embraced in the Hague Convention (1993) and the various United Nations juvenile justice and delinquency prevention norms and standards. The Act seeks to provide a favorable environment for the children below the age of eighteen and is treated accordingly. It makes provision against confinement of a child in a prison, except in certain circumstances (Section 2 (1)(d)). Bail provisions of the Juvenile Justice Act, 2015 o An agency or authority assigned by the Act to perform functions related to the Act’s provisions. Made up of a Magistrate and two social workers, one of whom is female.org Powers is to also facilitate children’s participation in trials as well as protect them from being violated on their rights and finally offering them legal representation. Existing in each district, presided over by a chairperson and comprising four members, of whom one is a female. Functions include, inquiries concerning children’s health, foster care, and legal services for neglected or abused children. It can provide for adoption certificates for children and can work with the police and institutions was enacted to strengthen the framework for juvenile equity in India, aligning with constitutional provisions and international commitments. Effective from April 1, 2001, the Act aimed to institutionalize a comprehensive approach for children falling under its purview. However, its implementation was hindered by a lack of coordination and agreement on timelines for reform. Juvenile Justice Act, 2015 The Juvenile Justice (Care and Protection of Children) Act, 2015, introduced critical changes, including the trial of juveniles aged 16–18 as adults for heinous crimes. This legislation streamlined procedures for abandoned, orphaned, and surrendered children while incorporating international guidelines like the Hague Convention (1993) and UN principles on juvenile justice and delinquency prevention. The Act aims to create a child-friendly environment where children under 18 are protected and treated appropriately. It prohibits detaining children in prisons except under special circumstances (Section 2(1)(d)). Key Provisions of the Juvenile Justice Act, 2015

1. Juvenile Justice Board (JJB):

o A statutory body responsible for implementing the Act. o Composed of a Magistrate and two social workers (one female).

o Powers include ensuring child participation in trials, preventing rights violations, and providing legal aid.

2. Child Welfare Committee (CWC):

o Established in every district, consisting of a chairperson and four members (one female).

o Functions include inquiries about children’s health, placement in foster care, and legal services for abused or abandoned children.

o It can declare children as orphans for adoption and coordinate with police and institutions.

3. Categories of Children Recognized:

o Children in Conflict with the Law: Young people, or persons below the age of 18 years, alleged or charged with an offense (section 2 [13]).

o Children in Need of Care and Protection: Encompasses homeless children, exploited or abused children, and the victims of armed aggression or natural disasters (Section 2(14)).

Case Laws that marked Juvenile Justice

1. Shila Barse v. Union of India: Emphasized the aspects of juvenile rehabilitation rather than punishment.

2. Narayan Chetanram Chaudhary and Ors. v. State of Maharashtra: Of course, it legalizes that juveniles cannot be sentenced to death and stresses on the rehabilitation measures provided by the Act.

3. Anuj Kumar v. State of U.P.: Supported youths’ employment freedom irrespective of the wrong deeds they did while they were still under aged. Concern the Implementation of Physical Activity Among Children and Young People:

Challenges and Recommendations

However, lack of policy compliance and ineffective machinery erode the possibility of attaining the goals of juvenile justice legislation. The basis of welfare and children’s development still remains excluded in many areas. Set performance benchmarks of personnel, wages, and premises for organisations dealing with children’s issues. Research and lobbying for family-based care and child rehabilitation to enhance children’s well-being. Added to this is a long-standing proposal for the formation of a high-powered commission to deal with this aspect of the problem in its entirety that pertains to children. make it compulsory that all children up to the age of 14 years attend school. Teach moral science and civics as subjects and allow leave for exams to further education. Undertake routine orientation courses, seminars and campaigns for government employees who have anything to do with juvenile justice. Assign social workers as well as female officers who are handling police inquiries to focus on the child’s position to Increase advocacy for the resources in order to support the rights of children and Their well-being through frequent policy analysis oversight on conflict or natural disasters (Section 2(14)).

Landmark Cases in Juvenile Justice

1. Shila Barse v. Union of India: Highlighted juvenile rehabilitation over punishment.

2. Narayan Chetanram Chaudhary v. State of Maharashtra: Established that juveniles cannot be sentenced to death, emphasizing the rehabilitative approach of the Act.

3. Anuj Kumar v. State of U.P.: Affirmed juveniles' right to employment despite past offenses committed during their minority.

Challenges and Recommendations

Challenges

Despite the legislative framework, implementation gaps and machinery failures hinder achieving juvenile justice objectives. Essential principles of welfare and child development remain neglected in many areas.

Recommendations

Institutional Reforms: o Establish minimum standards for child services, including staff qualifications, salary structures, and facilities. Promote family-based care and rehabilitation to improve children's quality of life.
National Commission for Children: A long-pending recommendation for creating a high-level commission to address children's welfare comprehensively.
Education: Make schooling compulsory for children up to 14 years. Include moral science and civics in the curriculum and provide leave for exams to continue studies.
Training and Awareness:
Conduct regular orientation courses, seminars, and campaigns for government employees involved in juvenile justice. Engage social workers and female officers in police inquiries for a child-centric approach.
Policy Advocacy: Strengthen lobbying for resource allocation and regular policy reviews to enhance the welfare and rights of children. The scope of the NCPCR According to legal provisions Formed in 2008 and made legal under POCSO Act, 2012, it is dealing with child rights protection. It has activities like awareness creation, conduct of sensitisation workshops, giving out information on child protection laws and policies as well as coming up with constructive measures that should be adopted in

Conclusion

The juvenile justice system also faces an important problem: it is necessary to protect society and, at the same time, to help young offenders change their behavior. This is why the implementation of laws and policies is a right channel to realize this balance.

Recommendations

1. Supporting the work of rehabilitation and reintroduction.

2. The proper funding and resource provision by the political system to the juvenile justice system.

3. Educating the public on the fact that youths involved in criminal activities can still change this should change to brainwash them.

Future Research

More studies have to be conducted on the effectiveness of the rehabilitation programs and the part played with the help of community-reintegration to minimize juvenile crimes • Prevention of Children from Sexual Offences Act 2012• UNCRC refer to United Nations Convention on the Rights of the Child• Research studies, commentary, news, publications and documents on juvenile justice and protection of children protection with the rehabilitation of young offenders. Effective implementation of laws and policies is crucial for achieving this balance.

Recommendations

1. Strengthening rehabilitation and reintegration programs.

2. Ensuring adequate funding and resources for juvenile justice mechanisms.

3. Promoting public awareness to reduce societal stigma against young offenders. Future Research Further research is needed to explore the long-term impact of rehabilitation programs and the role of community-based interventions in reducing juvenile crimes.