Role of Juvenile Justice system in India
Abstract
The Indian legal system initially focused on rehabilitating juvenile offenders, but the 2015 Juvenile Justice Act introduced a more punitive approach for 16-18 year old committing serious crimes. This shift aimed to deter juvenile crimes, but raises questions about balancing punishment with reform. Shift in approach. From rehabilitation to punitive measures for 16-18 year old in serious crimes. Rising juvenile crimes and public pressure influenced the change. Effectiveness of punitive vs reformative approaches for juvenile offenders
Introduction
The juvenile justice system in India plays a crucial role in protecting and rehabilitating children in conflict with the law. The system is designed to prioritize rehabilitation over punishment, recognizing that children are still developing and can change.
Key Features of Juvenile Justice Systems- Age Jurisdiction: Applies to individuals under 18 (age limit may vary)
– Rehabilitation Over Punishment: Focuses on addressing causes of delinquency and promoting positive change
– Confidentiality: Protects young offenders’ privacy; records often sealed or expunged.
– Diversion Programs: Alternatives to court proceedings, like counseling or community service.
– Specialized Courts: Juvenile courts handle cases, focusing on individual needs.
– Personalized Outcomes: Dispositions prioritize the minor’s best interests (e.g., counseling, probation)
– Rehabilitative Facilities: Detention centers offer education, training, and counseling.
– Transfer to Adult Courts: Possible for sever crimes or repeat offenders.
– Ensure proper care, protection, and treatment of children in conflict with the law.
– Provide rehabilitation through child-friendly approaches.
– Adopt a restorative justice model rather than retributive punishment.
Structure and Functioning:
The Juvenile Justice (Care and Protection of Children) Act, 2015, governs the system. Key components include:
– Juvenile Justice Boards (JJBs): Decide cases of children in conflict with the law
– Child Welfare Committees (CWCs): Deal with cases of children in need of care and protection
– Observation Homes: Provide temporary care and protection
– Special Homes: Offer rehabilitation and reintegration services
Rehabilitation and Reintegration:
The system focuses on rehabilitation through:
– Counseling and therapy
– Education and vocational training
– Foster care and adoption
– Community services
Challenges:
– Inconsistent JJBs and CWCs across districts
– High pendency of cases (55% as of October 2023)
– Limited resources and infrastructure
– Need for specialized training for JJBs and CWCs
Reforms:
– Establish fast-track juvenile courts
– Leverage technology for transparency and case tracking
– Institutionalize regular training and oversight
– Strengthen child protection measures and awareness
The juvenile justice system in India aims to balance justice with the best interests of the Child.
Case laws
– Salil Bali vs. Union of India (2013): The Supreme Court ruled that a juvenile’s age at the time of the crime determines their eligibility for juvenile justice benefits, not their age during trial.
– Sampurna Behura vs. Union of India (2014): The Supreme Court upheld the provision allowing transfer of juveniles to adult courts for serious crimes, citing no violation of constitutional rights.
– Jarnail Singh vs. State of Haryana (2013): The Supreme Court emphasized reform and rehabilitation over punishment for juvenile offenders, advocating for individualized sentencing considering their circumstances.
Conclusion
The juvenile justice system in India plays a vital role in ensuring the care, protection, and rehabilitation of children in conflict with the law and those in need of care and protection. By prioritizing the best interests of the child, the system aims to provide a child-friendly approach that promotes holistic development and social reintegration. Through specialized institutions like Juvenile Justice Boards and Child Welfare Committees, the system ensures fair treatment, protection of rights, and opportunities for rehabilitation. The emphasis on education, skill development, counseling, and support services enables children to develop into responsible individuals. Ultimately, the system’s objectives are to safeguard children’s rights and well-being, promote rehabilitation, and pave the way for their successful transition into adulthood. By focusing on rehabilitation over punishment, India aims to create a more compassionate and supportive environment for its young citizens.
Contributed by: Riya