Juvenile Justice

Legal Framework of Juvenile Justice

• Juvenile Justice: It concerns law and legal procedures that deal with the rights and treatment of persons below the age of majority, ordinarily considered 18, who have been culprits or found guilty of criminal offenses. 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 of Juvenile Justice: The concept of a separate justice system for juveniles dates back to the early 20th century when 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 21: This provision ensures the right to life and personal liberty, which the judicial interpretation has embraced for a fair trial, humane treatment, and safeguarding against arbitrary detention for juveniles.
    • 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.
  • 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
    • Definition: The Act states that a juvenile is any person under the age of 18 years.
    • Juvenile Justice Boards: Special courts, known as JJBs, have been established to address matters related to juveniles. The board includes members such as judicial magistrates, social workers, and experts in child welfare.
    • Two Different Categories in Juveniles: The Act differentiates between two age groups. Children under 16 years are termed as minors and are not to be prosecuted like adults. For children under the age of 16-18 years, for severe offenses, a JJB might choose to transfer them to an adult court if it is resolute that the child has the mental capability to commit a heinous offense.
    • Focus on 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 made 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 liable 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 an adult court. It specifies the penal laws for crimes, including those committed by a person under the age of 16 or above in cases of heinous crimes.
  • The Protection of Children from Sexual Offences Act, 2012: The POCSO Act is made to protect children from sexual Offences and establishes special protocols for their safeguards during the investigations and trials. This Act is not limited to juvenile offenders but also includes recommendations on dealing with cases involving child victims and offenders.
  • The Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023: The BNSS applies to all criminal cases in the country, including those regarding juveniles. 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.
  • Juvenile Justice Institutions
    • Observation Homes: Temporary facilities where juvenile offenders are detained during the judicial proceedings and investigations.
    • Special Homes: These are 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 Corporations: These groups provide support after release, 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, mediation, and community service.
• No Death Penalty or Life Imprisonment: Under Indian Laws, for Juveniles, those under the age of 18 years cannot face the death penalty or life imprisonment.

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: Under this section, the term place of safety is newly introduced.
  • Section 16: After clause (3), a new clause to section 16(4) has been inserted, which states that the DM may, whenever he feels necessary in the best interest of the child, call stakeholders, including the board and the committee, for any kind of information necessary.
  • Section 27: For Section 27(4), a new sub-clause has been inserted, namely (4A). States for eligibility for selection as a member of the committee.
  • Section 38: The information regarding  the number of children legally free for adoption shall  be given to the District Magistrate
  • Section 40: The new sub-section has been inserted in section 40(4), which states that the committee should submit a quarterly report concerning restored, dead, and runaway children to the state government and the District Magistrate.
  • Section 110: The new clause section 110(xiva) has been inserted, which states the form of a report that is to be submitted to the District Magistrate under section 28(1). 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

• Insufficient 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 correctly mentioned or if an adult is wrongly identified as a minor, this will be known as a violation.
• Combining Minors with Adults: The law entails that minors must be accommodated separately from adult offenders to prevent bad influences or possible abuse. When minors are placed in the same imprisonment centres or prisons as adults, it leads to a violation of the Act.
• Brutal Treatment and Abuse of Juveniles: The laws protect minors against any mental, physical, or emotional ill-treatment. Any form of ill-treatment, including fundamental necessities, or absence of fundamental requirements like food, shelter, and medical care, also represents a violation.
• Absence of 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.
• Insufficient Assessment for Severe Offenses: The JJ Act permits the trial of minors aged 16-18 years who have committed severe offenses as adults. A Juvenile Justice Board must calculate whether the minor possesses the physical and mental maturity to have committed the crime and figure out if they should be treated as an adult. Failing to carry out assessment rights is also a violation.
• Refusal of Legal Representation: Minors are allowed legal guidance to guarantee an impartial trial. If a minor is refused access to an advocate or legal aid, this violates their rights under the Act.
• Violation of Adoption Guidelines: The JJ Act states a specific process for the adoption of children who need care. If these processes are unseen or if there are unfair delays in the adoption process, it leads to a violation of the law.
• Failed to Protect Children in Need of Care: The laws specify the liabilities of child welfare committees to take care of children requiring protection. If CWCs fail to provide necessary care, placement, and safety for unprotected children, this is a violation.
• Overcrowding and Inadequate Facilities in Juvenile Homes: Monitoring homes and special homes is 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.
• Negligence in Case Adjudication: The Act necessitates that minor cases be solved correctly. Any type of delay and negligence, unwarranted stays leading to unnecessary lengthy detentions, or unsolved lawful matters for juveniles breach the rules of the Act.
• Absence of Aggrieved-Offender Mediation: The Act encourages restorative principles of justice, which also include mediation and reconciliation between victims and offenders, wherever appropriate. Failing to get along with restorative justice constitutes a violation of the Act's motive.

Procedure to File a Complaint 

• Identify the 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, misdealing by the JJB or CWCs, the complaints should target the specific type of violation.
• Contacting the 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 to the CWC or connect with the helpline. One can contact CWC in their specific district.
  • Juvenile Justice Board: If there is a complaint regarding clashes with the law, like improper assessment, etc., file a written complaint with the JJB, making sure to also include specific details regarding the circumstances.
  • 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 or in writing and mailed.
  • Police: If the matter involves severe breaches of the law, such as 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.
  • Judiciary/Courts: If the JJB or other organizations are not correctly addressing the complaint, one can approach the District Court or High Court to submit a petition.
• Mandatory Documentation for Submission of Complaint
  • Identifying Verification: Giving information like name, contact details, and the relationship with the child, if needed.
  • Details of the Complaints: This includes a summary of incidents or matters, stating the dates, names of the persons involved, and any kind of evidence you possess.
  • Supporting Documentation: Any kind of reports or any documents that might support your complaint, like medical records, photographs, or affidavits, shall be included.
  • Specific Demands: Transparently state what actions you wish to see taken by the relevant authorities, like investigation, protection of a child, or trial review.
• 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 petition.
• 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?

• Suggestions on Legal Proceedings: Offer valuable support to families, guardians, and parents regarding the prompt legal processes and necessary steps to take when filing a legal complaint to pursue justice or ensure the correct 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 Juvenile Justice Board: 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.
• Access to Legal Aid and Fair Trial: Ensure that minors and those children who are involved in legal proceedings are afforded legal help and are not subjected to unfairness and bias. Ensure that processes within the JJ system are promptly complied with. Overlook the lawful proceedings to guarantee that the case of a child is addressed in a given time frame and a just manner, permitting sufficient time for representation, cross-examination, and defense.
• Protection of a Child 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.
• Managing Complicated 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 petition in court.
• Appeals and Lawful 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, like the District Court or High Court. They also help in seeking compensation or redress on behalf of a child.
• Advocacy for 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 going-to-be 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 who are involved with the law 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.