Juvenile Justice

Legal Framework of Juvenile Justice in India

• Juvenile Justice System: Concerns the law and legal procedures that deal with the rights and treatment of persons below the age of majority, ordinarily considered 18, who are alleged or found to have committed an offense. This system prioritizes rehabilitation over punishment, acknowledging that offenders are still developing and can be influenced by factors such as family environment, peer influences, and educational opportunities. However, the Juvenile Justice System differs by nation; the fundamental aim remains to strike a balance between accountability and the chances for rehabilitation and reintegration into society. 
• History: The concept of a separate justice system for juveniles dates back to the late 19th century, with the establishment of the first juvenile court in the United States. At that time, society recognized the need to treat young offenders differently from adults. The goal was to offer guidance and support rather than punishment. This historical perspective has influenced the development of modern juvenile justice systems worldwide.
• The Laws for Juveniles in India
  • Constitution of India 
    • Article 15(3): This Article allows the state to create special laws for children, ensuring their safety and welfare.
    • Article 39(e) and (f): This directs the state to make sure that children are not abused and that their childhoods are safeguarded against exploitation.
    • Articles 45 and 47: These Articles provide for early childhood care and education until the age of 14 years, and the duty of the state for children regarding their nutrition and standard of living. 
  • Juvenile Justice (Care and Protection of Children) Act, 2015: The JJ Act is a crucial law governing juvenile justice in India. The primary focus is to establish a comprehensive framework for the care, protection, and rehabilitation of children involved in legal proceedings, as well as those who genuinely require care and safety. Key features of the JJ Act, 2015, include:
    • Juvenile: The Act defines a juvenile as any person under the age of 18 years.
    • Juvenile Justice Boards: Special courts, known as JJBs, have been established under Chapter III to address matters related to juveniles. The board includes members such as a judicial magistrate, two social workers (one of whom should be a woman), forming a bench that has the same powers as a judicial magistrate under the BNSS.
    • Trial of Children Aged 16-18: Children aged 16-18 who are alleged to have committed a heinous offense, after a preliminary assessment and satisfaction by the juvenile Justice Board, can be recommended for trial as an adult. This can be read with Section 2(33), 15, 18(3) of the JJ Act.
    • Rehabilitation and Reintegration: The Act prioritizes the rehabilitation and social reintegration of minors, providing various alternatives, including probation, counseling, education, and training.
    • Fostering and Adoption: The Act also outlines provisions for the care and protection of children who are orphaned, homeless, abandoned, or in need of care, promoting adoption and foster care initiatives.
    • Child Welfare Committees (CWC): A child welfare committee is constituted in each district to supervise children in need of care and safeguarding, including those who have already suffered abuse, neglect, or exploitation. The CWC is responsible for making decisions concerning the care, rehabilitation, and safeguards of these children.
  • The Bharatiya Nyaya Sanhita (BNS), 2023: Although the BNS doesn't directly address the matters of Juvenile Justice, it is concerned when a juvenile is on trial in a Children's Court. It specifies the penal laws for crimes, including those committed by a person aged 16-18 in cases of heinous crimes. Section 20 and 21 of the BNS specify that the children above the age of 7 and below the age of 12 who have not attained sufficient maturity of understanding will not be considered as offenders. 
  • The Protection of Children from Sexual Offences Act (POCSO), 2012: The POCSO Act is made to protect children under the age of 18 from sexual Offences and establishes special protocols for their safeguards during the investigations and trials.
  • The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: The BNSS applies to all criminal cases in the country, including those regarding juveniles, but only where the JJ Act is silent. However, procedures for juveniles are done separately through JJBs. The BNSS advocates for laws governing police procedures for managing juveniles and ensuring their rights during detention, investigation, and trial proceedings. Additionally, the JJ Act, being a special law, will always override BNSS, which is a general law.
  • Juvenile Justice Institutions
    • Observation Homes: Section 47 of the JJ Act provides for the temporary facilities where juvenile offenders are detained during the period for inquiry before the JJ Board.
    • Special Homes: Section 48 of the JJ Act provides for the institutions where juveniles who have been proven guilty are sent for rehabilitation. These facilities offer education, communal training, counseling, and various programs designed to reintegrate them into the community.
    • Aftercare Programme: Section 46 of the JJ Act provides for support to children after release from a Child Care Institution who have completed 18 years of age, including reintegration programs, to help rehabilitated juveniles reintegrate into society. 

Key Principles  

• Best Interests of the Child: Every Act within the JJ system must focus on the welfare of the child, taking into account their rights to fair proceedings, safeguarding them from danger, and providing opportunities for rehabilitation.
• Rerouting from Formal Justice System: The JJ Act specifies the value of rerouting cases from formal judicial proceedings to alternative options, such as counselling, probation, and community service.
• No Death Penalty or Life Imprisonment: According to section 21, under Indian Laws, for Juveniles, those under the age of 18 years cannot face the death penalty or life imprisonment without any possibility of being released during their lifetime.

Significant Amendments 

• The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021
  • Section 2: The New clause section 2(26A) has been inserted, stating the "District Magistrate," which also includes the additional District Magistrate of the District.
  • Section 12: This section introduces the concept of a 'place of safety'.
  • Section 16: Section 16(4) has been introduced, which states that the DM may, whenever necessary in the best interest of the child, request information from stakeholders, including the board and the committee, for any information required.
  • Section 38: According to the principal Act, the information regarding the number of children legally free for adoption and pending cases shall be given to certain authorities. After the 2021 Amendment Act, the District Magistrate has been added to the list of such authorities by Section 38(5).
  • Section 40: A new subsection has been inserted as Section 40(4), which states that the committee shall submit a quarterly report to the state government and the District Magistrate concerning restored, dead, and runaway children.
  • Section 110: Section 110(xiva) has been inserted, which states the form of a report that is to be submitted to the District Magistrate under Section 27(8). A further new clause is added in Section 110 (xxiia), which states the form of the quarterly report concerning restored, dead, and runaway children under Section 40(4). 

Violations of the Laws

• Age Determination: The law necessitates that a minor's age be determined at the time of their detention or meeting with the justice system. If the age of a child is not accurately stated or if an adult is incorrectly identified as a minor, this constitutes a violation. 
• Brutal Treatment and Abuse: The laws protect minors against any mental, physical, or emotional ill-treatment. Any form of ill-treatment, including the absence of fundamental necessities such as food, shelter, and medical care, also constitutes a violation.
• Rehabilitation and Educational Aid: A fundamental principle of the Act is rehabilitation and social rebuilding of minors, rather than punishment. If minors are not granted access to education, communal training, counselling, or other services related to rehabilitation, this also represents a violation.
• Legal Representation: Minors are entitled to free legal guidance to ensure an impartial trial or inquiry in cases involving the JJ Board. As per Section 3(xvi) and the Legal Services Authorities Act, 1987, if a minor is refused access to an advocate or free legal aid, this violates their rights under the Act.
• Adoption Guidelines: The JJ Act outlines a specific process for the adoption of children who require care, governed by CARA. If these processes are not duly followed or if there are unfair delays in the adoption process, it constitutes a violation of the law.
• Children in Need of Care: Under Section 27 of the JJ Act, the Child Welfare Committees are responsible for the care and protection of children in need. If CWCs fail to provide necessary care, placement, and safety for unprotected children, this is a violation.
• Facilities in Juvenile Homes: Under Sections 47 and 50 of the Act, observation homes and special homes are necessary to provide minors with safe living and rehabilitative conditions. If there is overcrowding or a lack of proper necessities, healthcare, and educational resources, this constitutes a violation.
• Case Adjudication: The Act requires that minor cases be resolved fairly and equitably. Any unreasonable delay, unwarranted stays leading to unnecessary lengthy detentions, or negligence in adjudication breaches the rules of the Act.

Procedure to File a Complaint 

• Type of Complaint: If there is a breach of rights of juvenile like ill-treatment, absence of legal aid, or wrongful detention, issues related to the protection of child's welfare or insufficient care such as juvenile homes, etc, if there is any mismanagement in cases of juveniles, failure of due process, procedural lapses by the JJB or CWCs, the complaints should target the specific type of violation.
• Appropriate Authority: Conditional on the nature of the complaint, the authorities that can be contacted are:
  • Child Welfare Committee: This committee is responsible for child care and protection, including addressing issues such as negligence, abuse, and other related concerns. To contact the CWC, one should file a written complaint with the CWC or call the helpline. One can contact CWC in their specific district.
  • State Commission for Protection of Child Rights: If a complaint relates to the infringement of a child's rights, one can reach out to the SCPCR. Complaints to the SCPCR can be lodged directly through the SCPCR's website or filed in writing and delivered to their office.
  • National Commission for Protection of Child Rights: For severe breaches or any matters that are overlooked at the state level, complaints can be lodged directly with the NCPCR online via its website www.ncpcr.gov.in or in writing and mailed.
  • Police: If the matter involves severe breaches of the law, such as cognizable criminal acts involving minors, it is mandatory to notify the police by filing an FIR at the nearest police station or by calling the police at 100. If a juvenile commits a non-cognizable offence, a complaint is sufficient.
  • Judiciary/Courts: If the JJB or other organizations are not addressing the complaint correctly, one can approach the High Court to submit a writ petition under Article 226 of the Indian Constitution.
• Mandatory Documentation for Submission of Complaint
  • Identifying Verification: Providing information such as name, contact details, and the child's relationship, if applicable.
  • Details of the Complaints: This includes the details of incidents or matters, stating the dates, names of the persons involved, and any evidence you possess.
  • Supporting Documentation: Any reports or any documents that might support your complaint, like medical records, photographs, shall be included.
  • Specific Demands: Transparently state the reliefs you are seeking from the relevant authorities, like investigation, protection of a child, or action against a particular person.
• Submission of Complaint
  • Direct Submissions: One can submit the complaint directly in person or via mail to the relevant authority.
  • Online Submissions: Several authorities, including the NCPCR, provide online platforms for lodging complaints through their websites.
• Monitoring the Progress
  • Tracking: Follow up on your complaint submission; it is essential to monitor its status and confirm that the relevant authorities are taking the necessary action. Regular follow-ups can help you monitor your progress and stay informed about the status of your complaint.
  • Escalation: If your complaint fails to receive a timely solution, it can be escalated to higher authorities, like the State or National Commission for Protection of Child Rights, or you might take into consideration lawful options like filing a writ petition before the HC.
• Helplines and Assistance
  • Childline India (1098): For cases involving immediate harm or danger to a child, one can reach out to the helpline number 1098 for correct intervention and safeguarding services
  • National Helpline for Women (181): If the circumstances involve the abuse of women or girls, one can contact the helpline number 181 for any assistance and support.

How Can Seasoned Advocates Help You?

• Legal Advice: Provide valuable guidance to families, guardians, and parents on the prompt legal processes and necessary steps to take when filing a legal complaint to pursue justice or ensure the proper application of the law. Additionally, assist in drafting and submitting a complaint to the relevant authority in accordance with the applicable legal guidelines.
• Representation in Court and JJB: Assure that the child receives an impartial trial, focusing on the child's best interests through rehabilitation, reintegration, or other concerned measures as directed by the JJ Act. Also, prepare legal defenses for minors, protecting their rights, making sure they are not subjected to impartial trial procedures, and that their age and mental health are taken into consideration.
• Protection and Welfare: Affirm the necessity of rehabilitation and societal assimilation over retaliatory actions. Also, protect minors from abuse, ensuring that these children get protection under the Act and do not get ill-treatment or exploitation.
• Juvenile Justice Cases: Help in the assessment of physical and mental health for juveniles aged 16-18. Knowledgeable advocates challenge unfair proceedings and can assist in filing a writ petition in the High Court.
• Appeals and Remedies: When the judgment of a juvenile case is not satisfactory or the right of a child is overlooked, you can seek guidance in filing an appeal to a higher court, the concerned board, or sometimes the high court. Also, help in seeking compensation or redress on behalf of a child.
• Adoption and Foster Care: Support legal matters dealing with adoption, ensuring the rights of the child are valued, that the adoption process is done clearly, and that the best interests of the child are prioritized. Assist parents and ensure that children are placed in safe homes.   

Conclusion 

To summarize, the JJ Act, 2015, and laws for Juveniles serve as an essential legal framework focused on protecting children facing legal proceedings and those who require care and protection. It guarantees that minors are treated with respect and fairness. Prioritizing rehabilitation rather than punitive measures. To know more, contact us.