RESEARCH PROJECT

on

ROLE OF JUVENILE JUSTICE IN INDIA

Submitted to

MAHARASHTRA NATIONAL LAW

UNIVERSITY, AURANGABAD
Submitted by

DEVESH SHUKLA

B.BA.LL.B. (Hons.) Semester-I

Roll No. 2022/BBALLB/75

Paper 1.6: Legal Method

Under the guidance of

Ms. Sakshi Gupta & Mr. Prafulla Lele

Assistant Professor of Legal Method,

Maharashtra National Law University,

Aurangabad

November 2022

1
 DECLARATION
The declaration is made at Aurangabad that this project is
prepared and drafted by me, Devesh Shukla.
It contains the project work that was assigned to me during
my 1st semester period and successfully accomplished
from my side.
This project is a sincere attempt at the compilation of the
aforementioned work.
This has not been submitted, either in whole or in part, to
any other Law University or affiliated Institute under
which any university is recognized by the Bar council of
India, for the award of any other law degree or diploma,
within the territory of India.

DEVESH SHUKLA

(22bballb75@mnlua.ac.in)

2
 INDEX
Sr.No. Name of Chapter Page No.

1 DECLARATION 2

2 ABSTRACT 4

3 INTRODUCTION 5-9

4 CHALLENGES TO JUVENILE JUSTICE 10-11

LAW IN INDIA

5 REVIEW OF LITERATURE 12-13

6 RESEARCH METHODOLOGY 14-15

7 CONCLUSION 16-17

8 REFRENCES 18

3
 ABSTRACT
Abstract: This paper is based on a research project of on title “A Critical and
Comprehensive Study of Children under Juvenile Justice Act.” Juvenile
Justice System is most dynamic and illuminated framework embraced by the
world citizenry with all round development of children. The prime centre is to
change the degenerates and give consideration to the unprotected children. To
the extent practicable, a child to be rehabilitee and re-established to the family.
[1] The article assessed the Juvenile Justice System in India in the light of
protected reasoning and international parameters. Various adults today have
this thoroughly Aristotelian beginning of pre-adulthood without having truly
examined any of Aristotle. It instructs their understanding of their own
relationship toward the adolescents around them. In this way they consider the
fundamental commitment they bear toward their youths to be the dedication to
give the kind of enduring environment those children need to frame into
regular adults, with the common and mental structures set up anticipated that
would play out the limits we acknowledge that normal, standard adults can
perform.[2] John Locke, by separation, keeps up that the human identity
begins as a "white paper, depleted of all characters, without any
contemplation. On this view each one of the "materials of reason and learning"
starts in actuality. Locke's foreswearing of the instructing of intrinsic
considerations was, certainly, organized especially at Descartes and the
Cartesians. However, it moreover recommends a release of the Platonic
tradition that learning is a memory of definitely known Forms. A couple of
researchers of mental change today fined either the colossal impelling of
Locke or the strong inmates of Plato or Descartes absolutely agreeable. [3]
According to what we have called the "Aristotelian start", youth is a
fundamentally up and coming state. On such a point of view, the estimation of
what a child produces can't be required to be extraordinary in it, however,
valuable for helping the child to shape into a fair adult. Possibly some child
craftsmanship is a counterexample to this yearning. Clearly, one could battle
that adult, who, as children, were encouraged to convey workmanship, and
what's more make music and surpass desires at redirections, will most likely be
succeeding adults than the people who are not asked to give such "outlets" to
their imperativeness and imaginativeness. Regardless, the instance of child
craftsmanship should in any occasion make one suspicious of Michael Slote's
case that "essentially as dreams are discounted except for as they impact (the
waking parts of) our lives, what happens in youth predominantly impacts our
point of view of total lives through the effects that puberty accomplishment or
frustration ought to have on adults’ individuals" [4] Keywords: Children’s
Rights, Juvenile Justice System, Constitutional Law.

4
 INTRODUCTION
The provocation for choosing this topic for detailed analysis is the presentation
of problems relating to the study of children under the Juvenile Justice System
in India. This paper provides perspective in the light of which detailed
children's law must be made. The concept the juvenile justice system was
derived from the concept of youth crime. Young children cannot understand
the abnormal situations of life.

They are not easily accessible legal framework and criminal law processes. So
the juvenile justice system does designed to meet the care and protection needs
of children and children in conflict with only the law. One of the main roles of
the juvenile justice system has been to provide specialized and preventive
treatment services for children. A nation's children are an extremely important
asset. Their needs and care are our responsibility.

That is why it is necessary for us to raise children. Children are forever

innocent and they are ignorant of good and evil. In addition, they are not
physically and mentally fitter than adults. Children have become good citizens,
physically fit, mentally alert and morally sound, gifted with skills and the
motivation that society needs. Equal opportunities for the development of all
children during our goal should be a period of growth as this would serve our
greater purpose of reduction inequality and ensuring social justice.

History Of Juvenile Justice System in India

In modern times, a movement for special treatment of juvenile offenders has

emerged around the world, particularly in many industrialized countries such
as the United Kingdom and the United States. This movement began in the
mid-eighteenth century. Juvenile offenders were once treated the same as other
serious criminals. On November 20, 1989, the UN General Assembly adopted
the Declaration on the Rights of the Child for the same purpose. This
agreement is designed to protect the best interests of young offenders.

According to the Treaty, there will be no judicial or judicial proceedings

against juveniles to protect their social rehabilitation. The Convention urges
the Indian legislature to repeal and replace the Juvenile Justice Act, 1986 and
enact new legislation As a result, the Indian legislature enacted a new law
known as the "Juvenile Justice (Care and Protection of Children) Act, 2000".

The Juvenile Justice Act 1986, which amended the previous Children's Act
1960, was enacted to comply with the provisions of the recommendations
made in the UN Basic Executive Regulations for Young Offenders, which
were ratified in November 1985. Above the said Act was divided into 63
sections and 7 chapters and was applicable throughout India. The main

5
objective of the law is to provide protection and support, as well as
rehabilitation, training and treatment to abused juvenile delinquents.

Juvenile Justice (J.J) Act, 2000

Legislation was passed in 2000 to provide protection to juveniles. The

previous one was revised twice. The aim of the modification was to resolve the
operational gap and ambiguities.

In addition, the rapid increase in juvenile violence cases in previous years, as

well as the heart-rending "Delhi gang-rape case", prompted lawmakers to pass
the legislation. The biggest drawback of this law is that the legal and
regulatory framework is incomplete and the juvenile justice structure in India
is also an important factor in prohibiting juvenile crime. This Act was soon
replaced by the J. J. Act (Protection and Care) of 2015.

Juvenile Justice System in India

To achieve this objective, the Constitution of India under Article 15(3) has
made provisions in special laws to ensure social justice for women and
children. On based on this provision, the Government of India has enacted
several laws to ensure care and protection of children. The Children Act 1960
was the first Central Act relating to the juvenile justice system.

In 1986, Juvenile Justice (care and protection of Children) Act, the age of
delinquent children was under 16 for boys and girls under 18 years. In the
2000 law, the age of delinquent children was 18 years for both sexes. In the
Youth Justice Act 2015, the age of juveniles was set at 18 years for both sexes,
however, for heinous crimes; ages are set at 16 years for minors.

According to international documents for the rights of children, The Beijing

Rules, 1985 is a vital document for children around the world. The children are
interested was primarily considered. This rule is framed as a standard
minimum rule for every child. Under these standard minimum rules, the state
will take care of the children. United Nations CRC, 1989 strong commitment
to the care and protection of children in the whole world. In 1989, the
Secretary-General of the United Nations emphasized that the state respects the
rights of every child without discrimination of sex, birth, race, color, caste,
religion, ethnicity, language etc.

India is the second largest country in the world in terms of view population. 19
percent of the world's children live in India. Almost 44 percent total population
of India is child population. In the 2011 population census age group 0-5 years
(29 percent), followed by 6-10 (28 percent), 11-15 (27 percent) and the 16-18

6
age group (16 percent) was reported in India. Almost 50 per every cent of
these children need care and protection.

A higher than average crime rate clearly means that urban children they are not
only victims of such violence, but are at risk of becoming part of it organized
crime, especially when faced with circumstances such as school disruption,
dysfunctional family, lack of parental care and exposure substance abuse," the
report says, highlighting the role of cities in increasing urbanization crime.

According to the report, the main crimes against children include human
trafficking, abductions, rapes and murders of new born babies, with the girl
child being the most affected the spread of sex work in cities. In 2012,
Bengaluru (India) topped the list.88 cities across the country with 551 cases of
crime against children, Mumbai is second with 570 and Delhi is third with 363
cases, the report said with reference.

The NCRB released its report on crime in India 2015 in the month of August
82016. According to this report, there were 24 cases per million registered
under the total number of Indian Penal Code offenses in India in which
0.7number of cases per million people were registered against juveniles in the
conflict with the law under the Indian Penal Code during 2015. 0.2 cases per
million were registered under the POCSO Act 2012 this year. Youth in conflict
with of the Act, 5.2 percent of the total number of criminal cases according to
POCSO Act, 2012.

Percentages of juveniles detained in the 7-12 age group years, 12-16 years, 16-
18 years are 1.46 percent, 26.70 percent and 71.84 percent respectively. An
increase was observed in the number of detained juveniles in all age groups in
2015 compared to 2014 and the highest percentage increase was in age group
7-12 years (30.6%), while the increase in crimes between the ages of 12-16
and 16-

The Juvenile Justice (Care And Protection Of Children) Act, 2015

Juvenile Justice Bill introduced in Lok Sabha (House of Representatives) on

August 12, 2014, the Minister for the Development of Women and Children,
Ms. Maneka Gandhi. The bill was referred to the Standing Committee on the
People Resource Development (Chair: Dr. Satyanarayan Jatiya) in September
22 February 2014.

The committee submitted its report on 25 February 2015 delivered on 7 May

2015 Lok Sabha (House of Representatives) in the middle the extreme
disapproval of several members of parliament. It was handed over on the
22ndDecember 2015 Rajya Sabha (House of State). Juvenile justice (Care a
(Protection of Children) Act, 2015 is notified in the Gazette of India on 1
January2016 and came into force all over India from 15th January 2016 but

7
this law, the state of Jammu and Kashmir will not be accepted because of
Article 370Indian Constitution.

Definition Of Child

In section 2(12), the word "child" was defined in the sense that it is a child
under the age of 18 years. Section 2(35) "juvenile" means a child under the age
of 18. The word "juvenile" is defined for the first time in the 2015 Act. Section
2 (42) "orphan "means a child who has no biological parents, guardian or
adoptive parents parent or legal guardian.

Section 2 (60) "surrendered child" means a child waived by a biological parent

or guardian or adoptive parents to physical, mental or other disabilities or a
social factor that cannot be influenced by them and the Child Protection
Committee is declared a "surrendered child". Section2 (13) "child in violation
of the law" means a child who has committed minor, serious and heinous
crimes which are known as "child in conflict with the law". In Section 2,
paragraph 14, "child in need of care and protection" means "a child who is
destitute, oppressed, deprived or oppressed in one way or another.

In case Robert v. Bal Anand World Children welfare Trust, Mumbai, India,
and the supreme court of India held that “judicial declaration can add
definition any other type of children such as mentally ill or stunted children,”

Distinction Between Juvenile & Child

A minor is a natural person who has not reached the age of legal obligation
and responsibility or who is under 18 years of age. The accused child is not
tried as an adult and is instead transferred to a children's treatment facility,
even though a minor is someone between the ages of 16 and 18. The juvenile
offender has been charged and is being tried as an adult in court.

In general, both terms have the same definition, but the difference is in the
context of legal consequences. Juvenile refers to a child or juvenile while
juvenile refers to an immature person or young offender/offender.

Judicial Trends On Juvenile Justice System In India

Showing its solidarity with the international community and in line with its
commitment to international obligations, the Indian Parliament enacted the
Juvenile Justice (Care and Protection of Children) Act, 1986, 2000 and
2015.In accordance with international standards and rules ensuring promotion
children who need care and protection and for better and timely treatment
dealing with juveniles in violation of the law.

The role of the Supreme Court of India and various High Courts has been very
appreciative in interpreting the provisions of the new law in a way that

8
 advances the cause of juvenile justice. The judicial trends set by the supreme
and high courts are the main factors for it lowers judiciary. The beneficial
provisions were applied and the benefit was granted to a number of juveniles
whose cases even reached legal effect and were undergoing sentences.

It was also an effort by the courts at the time of the final disposition of the case
that an opportunity to remedy is afforded of a minor in violation of the law
through proper training and necessary security care and protection for the
absorption of juveniles into the mainstream of life.

The Supreme Court of India in Gaurav Jain v. Union of India1, during

negotiations with a written proposal according to Article 32 of the Constitution
regarding a difficult situation prostitutes or fallen women and their offspring,
spoke of the preamble of the Constitution and stated that it is an integral part
of the Constitution of India and that children have the right to equality of
opportunity, dignity and care, protection and rehabilitation of societies with
both hands open to bring them into the mainstream of social life without a pre-
stigma being imposed on them through no fault of their own his or her.

1
 1990 AIR 292 1989 SCR Supl

9
 Challenges to Juvenile Justice (Care & Protection) Act, 2000

 According to Article 37(a) of the Convention on the Rights of the Child, No

child shall be subjected to torture or other cruel, inhuman or degrading
treatment or punishment[30]. This provision has not been mentioned under the
JJA, 2000 and keeping in mind, the sad and uncomfortable reality of child
abuse, this provision has to be incorporated.
 Article 40 of the CRC mandates the state to incorporate certain basic guidelines
for a child in conflict with law, but the same has not been incorporated in the
JJA, 2000. Though CrPc and Constitution of India provide laws for the
protection of children but according to JJA, 2000 the laws must be made by
the state, thus leaving space for the state to do unjust and exploit the rights of
the child.
 According to Article 40(3)(b) of the Convention, Human Rights and Legal
safeguards are fully respected while dealing with such children. The
appointment of JJB consists of one magistrate and two social workers, which
in majority can even overrule the judgment of magistrate, it is not in
compliance with the legal safeguards in India by giving such powers to the
social workers (who may not have the legal knowledge).
 According to Section 29[31] of the Act, the Government “may” form Child
Welfare Committee for the exercise of the powers. The use of the word “may”
is a big mistake because unless the making of rules is made compulsory, the
execution of the act will remain uncertain.
 According to Section 14[32] of the Act, the inquiry needs to be completed within
4 months from the date of the onset unless it is extended because of some
special cases. Here, the Act fails to justify the “special cases”, thus leaving the
scope of arbitrariness in the hands of Juvenile Justice Board (JJB).
 Section 23[33] of the Act defines for the punishment of cruelty done to the child.
As the punishment prescribed is not deterrent in nature. The potential of fine
and punishment needs to be increased so that it instills fear on the minds of the
people.
 Section 63 of the Act provides for the Special Police Unit for the juveniles. But
this is nothing but a mere l

10
 Challenges to Juvenile Justice laws in India
 Section 4(2)(viii) provides child in need of care and protection for those who
have been tortured, abused and exploited for the purpose of sexual abuse. The
section provides protection for children but ignores the one who have faced the
sexual abuse in the past. It grossly affects the mind of the child which leads to
social stigma.
 According to Section 2(5) defines the word “aftercare” to provide them
financial support to persons who have completed the age of 18 years but are
less than 21 years of age. But the following problems could have enumerated
against the proper results of after-care institutions.

1. Lack of finances.
2. Stigma in institutalization.
3. Unconsciousness of society towards the aftercare programme.
4. Non-compliance of parents in the after-care plan.
5. A little inter-relationship between the juveniles and the after-care workers.

 According to Section 21 of the Act, after attaining the age of 21, the Children’s
Court may decide if the child has undergone the reformative changes and
needs to be released or he should be transferred to a jail. This provision is in
violation of article 20(1) of the Indian Constitution and also by keeping a 21-
year-old adult with hardened criminals will make a child like them and this
will not serve the purpose of Reformative Theory.
 According to Section 16 of the Act, the heinous offence committed by a child
who has completed the age of 16 years, the Juvenile Justice Board shall
conduct the inquiry about the physical and mental state of the child and then
only the Board will decide whether to dispose off the case or to start a trial.
The foremost flaw with the section is it implies an assumption that the child is
guilty of an offence and a clear infringement of Article 14 and 21 as prescribed
under Part III of the Indian Constitution, as the procedure is arbitrary and.

11
 Review of Literature
(1) The Indian journal (2002)

The book strongly urges for the urgent view of the existing
juvenile justice act and the drafting of a new law to prevent
further harassment and exploitation of children. This book brings
together of brief yet comprehensive, collection of facts,
information as well as critical analysis of important aspects
concerning the juvenile justice system.

(2) Mayton A.Hartjen (1996)

This book talks about the juvenile justice system found in any
country both reflects and help to shape the nature of the
delinquency problem that country exhibits law and system of
justice specifically pertaining to juvenile are extremely diverse
throughout the world ranging from virtually none to highly
complex.

HYPOTHESIS
RESEARCH PRESUMES THAT-
a) Having a strong family tie would stop juvenile delinquency
b) Juvenile groups generally belong to lower middle-class family
c) Both individual and existing environmental conditions including
socialization process are responsible for committing delinquency
among children.
d) Juvenile delinquency can be minimized by looking into the new points of
the
juveniles

RESEARCH QUESTIONS
a) What is the impact of substance abuse on juveniles?
b) What are the most fundamental challenges for today’s juvenile justice system?
c) What is the impact of socialization process on juvenile behavior?

12
d) What is being done to help juvenile delinquents to move on in his life by
forgetting their past and lead a more positive life and oppose committing a
delinquent act again?
e) Are rehabilitative methods effective enough in India to cause juvenile
delinquents to live better lives?
f) What is the role of individual characteristics and family background variables
in juvenile delinquency?

AIMS AND OBJECTIVES

RESEARCHER INTENDS TO-

a) Discuss in brief the concept of juvenile delinquency

b) Find the factors affecting juvenile delinquency
c) Discuss various measures for the rehabilitation of juvenile offenders
d) Impact of various legal provisions on juvenile justice system

13
RESEARCH METHODOLOGY
The researcher has gone through both primary as well as the secondary sources
for accomplishment of this project. The primary sources consist of-
Juvenile Justice (Care and Protection of Children) Act, 2015
Under Section 15, special provisions have been made to tackle child offenders
committing heinous offences in the age group of 16-18 years. The Juvenile
Justice Board is given the option to transfer cases of heinous offences by such
children to a Children’s Court (Court of Session) after conducting preliminary
assessment. The provisions provide for placing children in a ‘place of safety’
both during and after the trial till they attain the age of 21 years after which an
evaluation of the child shall be conducted by the Children’s Court. After the
evaluation, the child is either released on probation and if the child is not
reformed then the child will be sent to a jail for remaining term. The law will
act as a deterrent for child offenders committing heinous offences such as rape
and murder and will protect the rights of victim.
And various decision given Supreme Court on Juvenile offences
The secondary source consists of reviews given by various researcher s and
authorities on Juvenile delinquency

For the project research, researcher will rely upon the doctrinal and non-
doctrinal methods of Research.
1. Sampling techniques- The researcher will adopt following convenient
purposive sampling technique

2. Methods of data collection:

a) Observation
b) Interview
c) Questionnaire

14
3. Source of data
A. Primary sources
a) Constitution of India
b) Legislative provision
c) Case laws
B. Secondary sources
a) Books
b) Newspaper
c) Observation Magazines
d) Journals
e) Website
f) Interview
4. Tools of data collection
a) Diary
b) Notepad
c) Sound recorder
d) Camera
e) Interview schedule

15
CONCLUSION
Age of Child: In India, there is no one definition of a child. The Census of
India, 2011 defines children as persons under the age of 14 years. Most
Government programs are targeted at children below the age of 14 years.
According to Constitution of India, Article 23 and Article 45 are defined
children, there are below the age of 14 years. While the Indian majority is 18
years for girls and 21 years for boys. The child has been defined differently for
different purposes under various other the law. Indian Penal Code, 1860,
Section 82 says that “nothing is an offence which is done by a child under the
age of 7. Section 83, the age of criminal responsibility is raised to 12 years if
the child has not attained the ability to understand the nature and consequences
of his or her act. Indian Family Law, Child Marriage Restraint Act, 1929 says
that child means a person who if a male, has not completed 21 years of age and
if a female has not completed 18 years of age. During 1986, the age limit for
the juvenile was lowered to 16. During 2000, amendments were made making
the age limit 18 but Section 15 of Juvenile Justice Act, 2015, amendments; it
treats all the children below 18 years equally, except that those in the age
group of 16-18 can be tried as adults if they commit a heinous crime.
Intellectual persons are demanding that for all protective purposes the age of
the child should be uniformly up to 18 years. This includes the age for
employment which means any person employing the child under 18 shall be
subjected penal and civil consequences for the crime and the civil wrong of
employing child labour, which shall be totally prohibited. This also means that
until a child attaining the age of 18 shall be entitled to have the right to
education, compulsory and free. Increasing Number of Juveniles Crimes in
India: The increasing trend in the incidence of Juvenile Crimes (under IPC) is
a matter of grave concern, though percentage cases of Juvenile in Conflict with
Law for total Cognizable Crimes are A Critical Study of Juvenile Justice
System... 63 around 1.1 per cent during 2005 to 2015. The juvenile IPC crimes
in 2015 have declined by 6.78 per cent over 2014 as 33526 IPC crimes by
juveniles were registered during 2014 which declined to 31396 cases in 2015.
Major Juvenile crimes were under the Theft (18.03 per cent), Rape (5.03 per
cent), Kidnapping and Abduction (4.86 per cent), Assault on women with
intent to outrage her modesty (4.29 per cent), Hurt (3.06 per cent) and Riots
(3.03 per cent) in 2015. If we observe the reformative justice system, 36.61 per
cent juveniles in conflict with the law are benefited as advice, admonition,
probation, care of fit institution and fine. The table shows that almost 62 per
cent of Juvenile in conflict with the law was found guilty in India. Hence, it is
concluded that the number of delinquent juveniles in conflict with the law has
been increasing day by day in the way of juvenile crime. 16-18 years age
group, of Juvenile has highly committed the heinous crimes: Under the age

16
groups 7-12 years (1.46 per cent), 12-16 years (26.70 per cent) and 16-18
years (71.84 per cent) apprehended by the police stations in the whole in India.
The highest incidence of the juvenile rape cases in the country was reported
from Madhya Pradesh (16.7 per cent) followed by Maharashtra (14.63 per
cent), Rajasthan (9.83 per cent) and Chhattisgarh (8.43 per cent) in the
country. The weak role of the Central and State Government to ensure the care
and protection under the Juvenile Justice Act.: According to Lok Sabha
Starred Question No. 329, dated 22nd December 2015, Lok Sabha Members
Shri Kaushalendra Kumar and Dr. Virendra Kumar raised the question “Crime
by Juveniles”, MoHA replied in the lower house of the India that under the
Juvenile Justice Act, the State and UTs Government are the prime
responsibility to implement the juvenile in conflict with the law and child in
need to care and protection, however, the Government of India supplements
the efforts of the States/UTs through the Integrated Child Protection Scheme
(ICPS) launched by the Ministry of Women & Child Development. Lack of
vocational training, counselling, yoga, moral education: There have been a few
instances in some States, of children repeating the same offence after they are
released from the Observation/Special Home. The Juvenile Justice (Care and
Protection of Children) Act (JJ Act), which is the primary legislation for
children in conflict with the law, has adequate provisions for the rehabilitation
and reintegration of such children and for follow-up of children released on
bail or after completion of probation. Observation Homes and Special Homes
set up under Section 8 and 9 of JJ Act for children in conflict with the law are
required to provide appropriate (bridge/ formal/ non-formal) education,
counselling, yoga, moral education and vocational training to the children for
enabling their reintegration into the society. This provision is only a dream of
a juvenile, but it is not realistic for juveniles

17
 REFRENCES
[1]. Dr. Bikram Kumar Das (2016), Juvenile Justice System in India, Indian
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[13]. Section 3 and 4 of the Indian Majority Act, 1875
[14]. Section 2 (h) of the Juvenile Justice Act, 1986
[15]. Section 2 (k) of the Juvenile Justice Act, 2000
[16]. Section 15 of the Juvenile Justice Act, 2015
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