Overview: JUVENILE JUSTICE AND ITS PROCEDURE IN INDIA

The article is written by Deekhsha Sharma, a 2nd year B.A.LLB. (Hons.) student at The Law School,University of Jammu.

INTRODUCTION

The word juvenile is originated from a Latin word juvenis, which means young. Thus, juvenile justice means a justice system for the young. A separate justice system is provided for dealing with the juveniles in India. It is considered that when the juveniles are left upon on the same judicial mechanism or procedure like that of the adult offenders, then the juveniles may themselves get victimized by the system itself.

HISTORY OF JUVENILE JUSTICE

The first legislation on juvenile justice in India came in 1850 with the Apprentice Act, 1850 which required that children between the ages of 10-18 convicted in courts to be provided vocational training as part of their rehabilitation process. This act was transplanted by the Reformatory Schools Act, 1897 subsequently provided that children up to age of 15 may be sent to reformatory cell, and later the Juvenile Justice Act 1986 provided a uniform mechanism of juvenile justice. This act was replaced by Juvenile Justice(Care and protection of Children) Act,2000, amended in 2006 which was again replaced by the Juvenile Justice(Care and Protection of Children) Act, 2015 which included that any child between the age of 16 to 18 if commits any heinous crime, will be tried as an adult.

CATEGORIZATION OF OFFENCES

The recent act of 2015 categorized the offences,

• Petty offences-crime for which maximum punishment is upto 3 years
• Serious offences-crime for which punishment is between 3 to 7 years
• Heinous offence-crime for which punishment is 7 years or more.

PROCEDURE OF JUVENILE JUSTICE IN INDIA

The Juvenile Justice system contemplates the legal response with respect to two categories of children, namely those who are ‘in conflict with law(an individual under the age of 18 years who is accused of committing an offence); and those in need of care and protection (children from deprived and marginalized sections of society as well as those with different needs and vulnerabilities).

The Act highlights the two main bodies that deal with these children, to be set up in each district,i.e, Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs).

JUVENILE JUSTICE BOARD (JJB) is constituted in each district for exercising the powers and discharging its functions relating to juveniles/children in conflict with law. The JJB will conduct a preliminary inquiry to determine whether a juvenile offender is to be sent for rehabilitation or to be tried as an adult.

COMPOSTION POWERS AND FUNCTIONS OF JJB’s:

• Each JJB shall consist of a ’Principal Magistrate’ and two social workers, of whom at least one member shall be a woman. The Board is conferred with the powers bestowed upon a Metropolitan Magistrate or a Judicial Magistrate of the first class.
• JJB’s deal with those children who are accused of committing an offence.
• The JJ Board constituted for any district shall have the power to deal exclusively with all the proceedings under the Act, relating to children in conflict with law, in the area of jurisdiction of such Board.

CHILD WELFARE COMMITTEE (CWC) deal with those children who are ‘in need of care and protection’ i.e. children from deprived and marginalized sections of society as well as those with different needs and vulnerabilities and aims at determining institutional care for children in need of care and protection and their rehabilitation, reintegration, and restoration.

COMPOSITION, POWERS AND FUNCTIONS OF CWC’s:

• Each CWC shall consist of a chairperson and four other members, of whom at least one member of the Committee should be a woman and another, an expert on the matters concerning children. The Committee shall function as a Bench of Magistrates and has the same powers as a Metropolitan Magistrate or a Judicial Magistrate of the first class.
• CWC’s deal with children who are deprived and belong to marginalized sections of society as well as those with different needs and vulnerabilities.
• The Committee has the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs and protection of their human rights. Also, committee has the power to deal exclusively with all proceedings relating to children in need of care and protection.

The act while addressing the children in need of care and protection has stipulated that, when a child is found to be an orphan, abandoned or surrendered or in any other vulnerable state he shall be brought before a Child Welfare Committee within 24 hours, excluding the time necessary for the journey. Such child can be produced by any of the following persons, namely:

• Any police officer or special juvenile police unit or a designated Child Welfare Police Officer or any officer of District Child Protection Unit or inspector appointed under any labour law for the time being in force;
• Any public servant;
• Childline Services or any voluntary or non-governmental organization or any agency as many as may be recognised by the State Government.
• Child Welfare Officer or probation officer;
• Any social worker or a public spirited citizen;
• By the child himself; or
• Any nurse, doctor or management of a nursing home, hospital or maternity home:

A Social Investigation Report is prepared for the child, and the Committee decides to either send the child to a Child Care Institution or any other facility it deems fit, or to declare the child legally free for adoption or foster care. The Act also outlines the eligibility criteria for prospective parents. It also details the procedures for adoption, and introduces a provision for inter-country adoption, so that prospective parents living outside the country can adopt a child in India.

CONCLUSION

The Juvenile Justice (Care and Protection of Children) Act, 2015 is a forward looking and comprehensive enactment that provides for dealing with children in conflict with law and those requiring care and protection.

FREQUENTLY ASKED QUESTION

1. What is the difference between the Juvenile Justice (Care and Protection of Children) Act, 2000 and Juvenile Justice (Care and Protection of Children) Act, 2015?

Ans. The main distinction between the Juvenile Justice Act, 2000 and Juvenile Justice Act, 2015 is that under the JJ Act, 2000 any child in conflict with law, regardless of the type of offence committed, may spend a maximum of three years in institutional care (special home, etc.) The child cannot be given any penalty higher than three years, nor be tried as an adult and be sent to an adult jail. But Section 15 of the JJ Act, 2015 states that any child who is 16-18 year old and commits a heinous offence may be tried as an adult.

REFERENCES

1. ‘Image source’ < https://www.unodc.org/southeasterneurope/en/criminal-justice-and-prison-reform/juvenile-justice.html > accessed on 28 June 2020
2. ‘What is juvenile justice?’< https://www.britannica.com/topic/juvenile-justice > accessed on 28 June 2020
3. ‘Origin of word juvenile’ < http://www.lawjournals.org/download/326/4-3-55-397.pdf > accessed on 28 June 2020
4. ‘History of juvenile justice’ < https://jurisedge.com/histroy-juvenile-justice-system-india/#:~:text=This%20act%20was%20transplanted%20by,uniform%20mechanism%20of%20Juvenile%20Justice.&text=The%20Act%20has%20since%20been,%2C1979)%5B7%5D. > accessed on 28 June 2020
5. ‘Procedure of juvenile justice’ < https://www.latestlaws.com/articles/overview-of-juvenile-justice-law-in-india-by-chhaya-khosla/ > accessed on 28 June 2020