JUVENILE JUSTICE ACT 2015

Both houses of parliament passed the Juvenile Justice (Care and Protection of Children) Act,
2015, which came into force on 15 January 2016. This act came under public scrutiny
because of the clause that called for the consideration of 16-18 year-olds as adults in the
event of heinous crimes being committed by them.1

India's history of juvenile justice goes back to the 1980s when Parliament enacted the
Juvenile Justice Act 1986 to provide care, safety, treatment, growth and rehabilitation for
abused or delinquent youth. Section 2 (A) of the Act of 1986 describes the teenage term as a'
boy who has not reached the age of 16 years and has not reached the age of 18
years.'Meanwhile, India signed and ratified the UN Convention on the Rights of the Child
(UNCRC), 1989, which treated a person as a teenager under the age of 18 years.2

In India, the juvenile system considers legal reactions to two groups of minors, i.e. people
under the age of 18 who are accused of committing crimes in conflict with the law and need
'care for them is 'protection' (children of deprived and neglected sections of society, along
with various needs and weaknesses).

In 2006 and 2010, this Act was updated further. Due to its failure to commit offences, where
juveniles were included in horrific crimes such as rape and murder, the law faced national
criticism after the Delhi gangrape (December 16, 2012). In 2015, in reaction to public
opinion, this bill was amended by both houses of Parliament in India, where juvenile age was
16 and adults were proposed as treatment for juveniles convicted of heinous crimes.

The Juvenile Justice Bill, 2014 was passed by the Parliament in December 2015 and it
became the Juvenile Justice Act, 2015. It came into effect from January 15, 2016.3

The Juvenile Justice (Care and Protection of Children) Act, 2015, is the current legislation for
juvenile justice in India. In the adjudication and disposition of matters in the best interest of
children and for their ultimate rehabilitation through various institutions established under
this statute, a child-friendly approach was enacted.

1
Karishma,IAS Express, Juvenile Justice (Care and Protection of Children) Act – Explained,December 30,
2019,https://www.iasexpress.net/author/kgkarishma/
2
Manisha Dubey,Fast read, Juvenile Justice Act 2015,August 21, 2016, http://www.fastread.in/explore?
infoID=1090
3
Ibid,01
Firstly, the act describes a child as a person who has not reached the age of eighteen. The Act
classifies the word "child" into two categories: "child in conflict with the law" and "child in
need of care and protection."

The Act has also made a strong distinction between the categories of offences, categorising
them as small, extreme and terrible. It specified that in the event of a heinous crime suspected
to have been committed by a child over the age of sixteen, a preliminary evaluation would be
made as to his or her mental and physical ability to commit such an offence and that the child
will be charged as an adult.

It was acknowledged by this Act that the rights of juvenile convicted persons are as critical as
those of victims, and therefore specific laws were proposed to remedy heinous offences
committed by persons between the ages of 16 and 18. This clause of the Act, which will be
dealt with later, has faced criticism.4

A very important provision of ‘children’s court’ had been made, which was absent in the
2000 statute. Under this, a court is established under the Commissions for Protection of Child
Rights Act, 2005 or a Special Court under the Protection of Children from Sexual Offences
Act, 2012, wherever existing and where such courts have not been designated, the Court of
Sessions is having jurisdiction to try offences under the Act.

The new Act of Juvenile Justice (Care and Protection of Children) Act, 2015 has faced wide
criticism. The criticisms are as follows:

Treatment of juveniles as adults in some cases-One of the major of these criticisms is that
under this Act, juveniles can be tried as an adult if they committed the wrongful act as an
adult. The UN Convention on the Rights of the Child requires every individual below the age
of 18 years to be treated as a ‘child’. Therefore, the above-mentioned provision in the Act of
2015 is seen to be in contravention of the Convention. Some also say that it destroys the
rehabilitative foundation of the existing juvenile justice system in India.

Inherently discriminatory nature of the Act-Another criticism is that this new law
discriminates against children on the basis of their age and nature of the offence. It is also not
premised on the understanding that children cannot be held to the same standards of
culpability as adults because of their developmental immaturity and their amenability to
rehabilitative interventions.
4
Deepali Sherawat,Lex Life, Analysis: The Juvenile Justice (Care and Protection of Children) Act, 2015,Jan
16,2020, https://lexlife.in/2020/01/16/analysis-the-juvenile-justice-care-and-protection-of-children-act-2015/
Scope for misuse and arbitrariness-It is also criticised that the method of identifying whether
the child between the age of 16 and 18 years committed the crime as a child or as an adult, is
very subjective, and may be very inaccurate at times.

Children’s Courts being-It is also said that the children’s courts, that were essentially
developed to try offences against children, are now trying offences by children under the new
law, which destroys the essence of these courts.

Also, upon turning 21 years of age, the fate of the person will lie in the hands of the
Children’s Court. As per Clause 21 of the Act, the Court will decide whether a person has
“undergone reformative changes” or “can be a contributing member of the society”. Such an
inquiry is highly subjective and prone to arbitrariness that falls foul of Article 14 of the
Indian Constitution.

The system of juvenile justice may be different in different countries. The stage of
development of the understanding, discourse and even the law in the area of juvenile justice
vary from one region to another, depending upon the history and culture of its citizens, their
approach to human rights, their legal and technical capacities and their government.

A relevant issue today is the increasing rates of juvenile delinquency and crime committed by
juveniles and due attention must be given. While laws dealing with this issue have been
passed by the government, these statutes have shown that they do little to either change or
discourage juveniles from crime.

It can be argued that for the proper treatment of juvenile delinquency cases, a special legal
system for juveniles is required. It is important to concentrate on the reformist aspect of
juvenile criminal jurisprudence, over its deterrence aspect. It can be shown that the 2015 Act
achieves the balance between the criminal and the defensive, despite its criticisms, such that
the minor is at the same time properly rehabilitated and dissuaded from violence.