ROLE OF JUVENILE SYSTEM IN INDIA

INTRODUCTION
“Juvenile crime is not naturally born in the boy, but is largely due either to the spirit of
adventure that is in him, to his own stupidity, or to his lack of discipline, according to the
nature of the individual” - Robert Baden Powell
Any individual under 18 who has come into contact with the court system due to committing
a crime or being accused of committing a crime is referred to as a "juvenile." The majority of
youngsters in contrary to law have committed minor offences such as vagrancy, truancy,
begging, or alcohol usage. Some youngsters are forced into committing crimes by adults who
know they cannot be prosecuted as adults. Prejudice, stereotyping, and discrimination can
bring children into confrontation with the law even when no crime is committed. Law
enforcement agencies jail about one million minors globally. Between 2003 and 2004, Child
Rights Center there was a 7.9% rise in the number of crimes perpetrated by youngsters.
Crime committed by children increased by 11.3% in 2005. There has been a rise in specific
types of crimes, including rape (by 11.9%), death due to carelessness (150.8%), robbery
(39.6%), attempted murder (30.7%), preparation and assembly for dacoit operations (27.6%),
auto theft (18.6%), and murder (15.9%). Because most crimes are committed by adolescents
from low-income homes, they should be classified as children in need of care and protection
and treated as such.

JUVENILE AND DELINQUENCY

As defined, the terms "juvenile delinquent" or "child in conflict with the law" refers to persons
under the age of 18 who come into contact with the justice system as a result of a crime or
suspected of committing a crime. It is important to remember that until 2000, juvenile
delinquency counts were collected as defined by the Juvenile Justice Act of 1986. A boy under
the age of 16 and girl under the age of 18 were considered juveniles under this law. In 2000,
the law was amended to make the age of puberty for boys and girls less than 18 years.

INCIDENT RATE OF JUVENILE DELINQUENCY

Although the fraction of juvenile crimes to overall crimes was around 1% from 2001 to 2011,
the growing trend in incidence of Juvenile Crimes (under IPC) is cause for significant worry
(National Crime Record Bureau, 2011). Juvenile Crime in India: Indian Penal Code (IPC) and
Special Local Laws (SLL): Juvenile IPC offences increased by 10.5% in 2011 compared to
2010, with 22,740 IPC offences committed by minors in 2010 increasing to 25,125 instances
in 2011. In 2011, major juvenile crimes were classified as 'Theft' (21.17%), 'Hurt (16.3%), and
'Burglary (10.38%). The greatest decrease in juvenile delinquency was seen in the crime
categories of 'Preparation & Assembly for Dacoity' (35.3%) and 'Death due to Negligence'
(25.6%).
HOW DOES THE JUVENILE JUSTICE SYSTEM WORK?

The Central Government developed the Model Rules in 2007. They prescribe and restate the
fundamental principles involved in the administration of Juvenile Justice and the protection of
Children, such as the "presumption of innocence," "principle of dignity and worth," "deference
to the "best interests of the child," "family responsibility," "positive measures," "principle of
repatriation and restoration," and the concept of "fresh start," among others. There have been
several complaints that children 'in need of care and protection' continue to languish in badly
managed facilities, while youngsters who run afoul of the law are prosecuted as criminals. As
a result, the importance of having a 'child-friendly' juvenile justice system with appropriate
procedures and protocols in place for police, prosecutors, judges, probation officers, and home
staff cannot be overstated - all of which are critical to ensuring the protection of children's
rights' and that the system works in the best interests of the child. In our culture, there is little
understanding of notions like "diversion and restorative justice."

HOW CAN WE PREVENT JUVENILE DELINQUENCY?

To avoid Juvenile Delinquents, we must deal not only with socially maladjusted children and
teenagers who are in confrontation with the law, but also with juveniles who cause disruption
in classrooms and on the streets while not breaking the law. For such youngsters, prevention is
essential. If they are not stopped, they will become a habitual offender. They make blunders,
become enthusiastic, and fail to conduct in accordance with genuine expectations. First and
foremost, such youngsters must be identified and treated as soon as possible. They may become
habitual offenders if they are not detected and prevented from committing the offences in a
timely manner. Education and treatment for drug dependence, youth mentorship programmes,
parental education, emotional support, family counselling, and young encouragement in their
particular professions are all examples of prevention services. Reductionism should emphasise
the psychological while ignoring possible socio-structural and political impacts. This
hypothesis oversimplifies complex concepts and systems by breaking them down into simpler
components.

THE JUVENILE JUSTICE ACT OF 2000

The Act was enacted in the year 2000 with the intention of safeguarding children. The
mentioned was changed twice, once in 2006 and once in 2011. The modification was made to
address implementation gaps and loopholes. Furthermore, the frightening "Delhi Gang Rape
Case" has compelled lawmakers to pass legislation due to the rising number of juvenile crime
cases in recent years. The Act's main disadvantage was that it contained ill-equipped legal
provisions, and India's dysfunctional juvenile system was also a serious issue in terms of
preventing juvenile crimes.
JUVENILE JUSTICE (CARE AND PROTECTION) ACT 2015

The Juvenile Justice Act of 2015 superseded the Juvenile Justice Act of 2000 because a more
robust and sustainable justice framework that focused on barriers within the sort of reformative
approaches was necessary. Juveniles must not be treated as adults; there are discussions in
Parliament about giving juveniles more leeway for change, reconstruction, or reform, which is
only possible when there is a rare justice framework. As a result, new demonstrations, such as
the Juvenile Justice (Care and Protection of Children) Act of 2015, centred on a juvenile-agreed
method of mediation and case disposition.

CURRENT JUVENILE JUSTICE SYSTEM IN INDIA

To address the issue of misdeed, India, like other nations, has developed legislative measures
that expressly address the rights and protection of juvenile offenders. The Indian Juvenile
Justice System is based on three major assumptions:1.Young criminals should not be
prosecuted in court, but should instead be disciplined in the most effective methods available.
2. They should not be punished by the courts, but rather be given the opportunity to rehabilitate;
and. 3. Trials for children in confrontation with the law should be accompanied by non-punitive
therapy provided by community-based group action organisations such as Observation Homes
and Special Homes.

THE ROLE OF POLICE

The function of police in apprehending and safeguarding juveniles from becoming delinquents
is regarded as critical. Police are a different organisations that must follow the standards of the
Juvenile Board/Court. As a result, in order to comprehend police actions with juveniles, they
must be informed of all Juvenile Court facts. The manner in which the police treat/handle these
juveniles determines the child's future behavior, whether they choose the right path or the
wrong path.

ENFORCEMENT OF LAW

The primary job of the police is to enforce the law. It is the obligation of the police to inspect
sites where unlawful activities are taking place and which tempt juveniles to become engaged
in these criminal activities; constant examination of these areas and places is the only method
to maintain peace and order and to reduce delinquency. Constant monitoring and inspection
may reduce crime and delinquency in the area. The juvenile justice act empowers police to
arrest and apprehend juveniles involved in delinquency and criminal activity.

ISSUES IN ADMINISTERING JUSTICE

A variety of issues arise during the proper administration of justice in the case of juvenile
delinquency. Juvenile Courts are not yet established in all districts in the majority of the state,
notwithstanding the Juvenile Justice Act of 2000. Authorities given powers by the juvenile
board/courts lack particular expertise of child psychology and child welfare, which is a
disadvantage in the administration of justice to juveniles. Another issue in this area is the
approach of the authorities in charge of the legal system. For the sake of children, their attitude
should be social and reformatory rather than punitive.

THE WAY AHEAD

Effective Juvenile Justice Act implementation, including full public awareness and adequate
orientation and training for professionals and law enforcement agencies. The government
should encourage juveniles to join the mainstream of society and regain their self-confidence,
which has almost been lost due to society's callous attitude, and this can be accomplished
through the implementation of social and reformative schemes with the assistance of
administration and non-governmental organisations. Advocating for various legal protections
for minors. An appropriate method for assessing the needs and requirements of juveniles, as
well as frequent evaluation. Police should use a reformative rather than punitive stance. The
goal must be to reform delinquents rather than simply punish them. Application of United
Nations and other international convention rules.

CONCLUSION

Although our juvenile system does a great job still it needs to go far ahead by taking adequate
methods and measures through Community and voluntary groups which play an active part in
the execution of government initiatives relating to literacy, health, and the abolition of child
labour, to assist weed out delinquency. Then, All parties must work together to achieve the
goal and purpose of juvenile justice via concentrated and coordinated efforts. Organization of
recreational programming for the children so they might spend their spare time in useful
activities. Hence an era of better children means an era without crimes.

REFERENCES

Books

• Goel, Shivam. “Children in conflict with law: Indian and international perspective.”
SSRN Electronic Journal, 2015, pp 1-47.
• S.K. Bhattacharyya, Juvenile justice System in India, 23, Journal of the Indian Law
Institute, 606, 606-612 (1981).
• Ved Kumari, Current Issues in Juvenile Justice in India, 41, Journal of the Indian Law
Institute, 392, 392-404 (1999)

Online sources

• Purti Vyas, Juvenile Justice Act, 2015, An analytical study of Juvenile Justice System
in India (November 27,2022, 9:00am), https://blog.ipleaders.in/juvenile-justice-
system-india/
 • Amit Kumar, Juvenile Justice System in India(November 27,2022,
2:00am)Shodhganga@INFLIBNET: Juvenile justice system in India problems and
perspectives
• Mohit Kumar, Juvenile Justice System in India (November 27,2022,
2:00am)08_chapter4.pdf (inflibnet.ac.in)

Statutes

• Section 82 of IPC
• Section 13 of The Juvenile Justice (Care and Protection of Children) Act,2015
• Section 14 of The Juvenile Justice (Care and Protection of Children) Act,2015
• Section 2 (13) of the Juvenile Justice ( Care and Protection) Act, 2015
• Section 48 of the Juvenile Justice ( Care and Protection) Act, 2015