UNIT 2 JUVENILE JUSTICE INSTITUTIONS

STRUCTURE

1.1 Introduction

1.2 Objectives

1.3 History of the Juvenile Justice Institutions

1.4 Juvenile Justice Institutions in India

1.5 Summary

1.6 Terminal Questions

1.7 Answers and Hints

1.8 References and Suggested Readings

1.1 INTRODUCTION
The development of the juvenile justice institutions is a tale. There are various factors

which influenced the changes in the entire juvenile justice system and the most important

among them is the transformation occurred due to the change in the family structure and

its implications in the society. Industrialisation and urbanization also fostered the juvenile

justice system, giving more emphasis on the child centered theme. In the last Century, a

variety of criminal justice reforms like probation, parole, juvenile courts and correctional

institutions (public and private) were introduced. All these institutions emphasized open-

ended, informal and highly flexible policies to rehabilitate and reform the delinquent than
punishing him. The criminological studies conducted in this period also gave more

importance to diagnosing the causes of delinquency and prescribing a cure on

individualistic manner, which almost prohibited uniform treatment to the delinquents.

The detach of the justice system of the juveniles from the common criminal justice

system reflected basic and fundamental changes in the ideological assumptions about the

approach of crime and criminals inside the juvenile system. This also compelled the

criminologists and the policy makers to build a different view about the sources of crime

and deviance. The traditional view that the formulations and cause of crime as the

product of conscious free-will choices found outdated. The progressive view laid more

emphasis on attributing of criminal behaviour to external forces and there by reduced an

individual’s moral liability for his illegal act and focused on reforming than punishing the

offender. As a result of serious criminological studies and research in collaboration with

medical profession including psychology, pathology, diagnosis and treatment, the

juvenile justice system became sole concern in reforming juvenile delinquents. The social

sciences also played a great role in transforming the juvenile justice system.

The establishment of the juvenile court is considered as the first attempt which removed

children from the adult criminal justice and correctional systems. The institution provides

the juvenile delinquents individualized treatment in a separate atmosphere. Under the

appearance of parens patriate, the juvenile courts gave more emphasis on treatment,

control and supervision rather than punishment. The State was also allowed wider

discretion to interfere in the matters of juvenile offenders.

Please answer the following Self Assessment Question:

Self Assessment Question 1 Spend 2 Min.

i) The important factor that influenced the juvenile justice system is

___________________

ii) The juvenile courts gave more emphasis on treatment, control and supervision on

the basis of which principle_______________.

1.2 OBJEECTIVES
The student who completed his study under this unit could be able to know:

1. The theoretical aspects of the juvenile justice institutions.

2. The scope of such institutions in reforming the delinquent juveniles.

3. A comparative analysis of the existing correctional institutions in India.

4. The overall view of the juvenile justice delivery system.

1.3 HISTORY OF THE JUVENILE JUSTICE

INSTITUTIONS

The present law insists that if a person who is under the age of 18 years and get into a

conflict with the law time being in force, his/her case shall be heard in the juvenile justice

institution. The separate system for juveniles is just over one hundred years in the world.

The law has drawn a separate line for adults and juveniles and the reason for this

demarcation is different in different places. If any one go deep into the legal history of

this system, you can see that the existing systems in almost all nations were based on the
common law of England. William Blackstone, one of the most important English lawyers

in England and his work Blackstone’s Commentaries on the Laws of England was first

published in 1760. In his work, one of the session “Infants and Adults at Common Law”,

he identified people who were incapable of committing a crime. According to him two

things were required to hold liable for a crime. The first one is that the person must have

some vicious will i.e., the guilty intention to commit the crime and the second one is that

with that guilty intention a person shall commit an unlawful act. He was very confident

that without these two requisites no crime can be committed in the eye of law. After

enumerating the essentials of criminal liability, he identified the first group of people who

are incapable of committing crime were infants. He considered these persons as too

young to fully understand their actions. He classified the children under the age of seven

as infants who could not be made liable for any felony and children over the age of 14

were made responsible for their illegal actions. Moreover, he contented that the infants in

between the age of seven and fourteen as gray zone. He was also of the opinion that if a

child understood the difference between right and wrong, the child could be made liable

for his act. The consequences of his act in such situations were provided as even death in

a capital offence.

The treatment of juveniles changed during the 19th Century. Social reformers and policy

makers began to create special facilities for juveniles who were in conflict with law. The

reformers supported the institutions sought to protect juvenile delinquents by separating

them from the adult offenders. They also focused on the rehabilitation type of correction

method in order to help the young offenders in avoiding future deviance. The early

juvenile courts were started with reform schools with a clear objective to rehabilitate the
juvenile than to punish him. They were all based on the legal doctrine parens patriae

which means the parent of the country. This doctrine empowers the state to use its power

over the juvenile as a guardian. The courts tried to focus the best interest of the child and

they emphasized an informal, non-adversarial and flexible approach to the cases of

juveniles.

Now let us come to the juvenile justice institutions. There are various types of juvenile

justice correctional institutions. The institutions are as follows:

1. Rehabilitation centers.

2. Observation homes.

3. Special homes.

4. Juvenile justice Boards.

5. Child welfare committee.

Please answer the following Self Assessment Question:

Self Assessment Question 2 Spend 3 Min.

Describe briefly the purpose of Juvenile Justice Institutions?

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1.4 JUVENILE JUSTICE INSTITUTIONS IN
INDIA
Since independence, India has formulated many policies and enacted much legislation for

the protection of children and their rights. India ratified the UN Convention on the Rights

of the Child on December 1992. After ratifying the Convention, the government has been

continuously taking appropriate action to review the national as well as state laws and

brought them in conformity with the provisions of the Convention. The Juvenile Justice

(Care and Protection of Children) Act, 2000 is one such reformation in India on the

topic.

Seven type of juvenile justice institutions are provided in Chapter II and III of the Act.

They are as follows:

1. Juvenile Justice Board.

2. Observation Homes.

3. Special Homes.

4. Child Welfare Committee.

5. Children’s Homes.

6. Shelter Homes.

7. After care Organisation.

Now let us try to understand each institution.

1. Juvenile Justice Board

Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2000 empowers

the State Government to establish a Juvenile Justice Board. Subsequent sections 5 and 6

deals with the procedure and powers of the Board. Section 4 reads as follows:

4. Juvenile Justice Board. - (1) Notwithstanding anything contained in the Code of

Criminal Procedure, 1973 (2 of 1974), the State Government may, by notification

in the Official Gazette, constitute for a district or a group of districts specified in

the notification, one or more Juvenile Justice Boards for exercising the powers

and discharging the duties conferred or imposed on such Boards in relation to

juveniles in conflict with law under this act.

(2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of

the first class, as the case may be, and two social workers of whom at least one

shall be a woman, forming a Bench and every such Bench shall have the powers

conferred by the Code of Criminal Procedure, 1973 (2 of 1974), on a

Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first

class and the Magistrate on the Board shall be designated as the principal

Magistrate.

(3) No Magistrate shall be appointed as a member of the Board unless he has

special knowledge or training in child psychology or child welfare and no social

worker shall be appointed as a member of the Board unless he has been actively

involved in health, education, or welfare activities pertaining to children for at

least seven years.

(4) The term of office of the members of the Board and the manner in which such

member may resign shall be such as may be prescribed.

 (5) The appointment of any member of the Board may be terminated after holding

inquiry, by the State Government, if -

i. he has been found guilty of misuse of power vested under this act,

ii. he has been convicted of an offence involving moral turpitude, and such

conviction has not been reversed or he has not been granted full pardon in respect

of such offence,

iii. he fails to attend the proceedings of the Board foe consecutive three months

without any valid reason or he fails to attend less than three-fourth of the sittings

in a year.

Thus from section 4 it is clear that the State Government may constitute for a district or a

group of district specified in the notification, one or more Juvenile Justice Boards for

exercising the power and discharging the duties conferred or imposed on such Boards in

relation to juveniles in conflict with law under this Act. From the language of section 4

the constitution of the Board is purely discretionary power of the state government since

the word ‘may’ is used in the section. In the old Act (The Juvenile Justice Act, 1986) also

the word may was used. The number of Boards may also decided by the state government

after considering the number of neglected or deliquesced children in the area.

Constitution

Now let us come to the constitution of the Board. Sub-section 2 of the Act states that a

Board shall consist of the following persons:

1. Metropolitan Magistrate or a judicial Magistrate of the first class;

 2. Two social workers of whom at least one shall be a woman.

Each Board formed as per section 4 shall be considered as a Bench and every such Bench

shall have the powers conferred by the Code of Criminal Procedure, 1973.

Qualification

The Magistrate shall have special knowledge or training in child psychology or child

welfare. Similarly, in order to appoint as a member, he/she shall actively involved in

health education or welfare activities pertaining to children for at least seven years.

Quorum

Section 5 deals with the procedure in relation to the Board. Sub-section (2) of section 5

lays down that a child in conflict with law may be produced before a member of the

Board and it is not mandatory that there shall be full quorum while producing the child.

That means a child can be produced before a Board member even though the Board is not

in sitting. However, there shall be at least two members including the principal

Magistrate present at the time of final disposal of the case. If there is any difference of

opinion among the members of the Board, the majority opinion shall prevail. But if there

is no majority, the opinion of the principal Magistrate shall prevail.

Section 6 of the Act gives exclusive power to the Board in the case of matters connected

with juveniles in conflict with law. As per sub-section (2) of section 6, the power vested

on the Board may also be exercised by the High Court and the Court of Session when the

case before them as an appeal, revision or otherwise.

2. Observation Homes
Section 8 of the Act empowers the state government to establish and maintain

observation homes. The section reads as follows:

8. Observation homes.- (1) Any State Government may establish and maintain

either by itself or under an agreement with voluntary organisations, observation

homes in every district or a group of districts, as may be required for the

temporary reception of any juvenile in conflict with law during the pendency of

any inquiry regarding them under this Act.

(2) Where the State Government is of opinion that any institution other than a

home established or maintained under sub-section (1), is fit for the temporary

reception of juvenile in conflict with law during the pendency of any inquiry

regarding them under this Act, it may certify such substitution as an observation

home for purposes of this Act.

(3) The State Government may, by rules made under this Act, provide for the

management of observation homes, including the standards and various types of

services to be provided by them for rehabilitation and social integration of a

juvenile, and the circumstances under which, and the manner in which, the

certification of an observation home may be granted or withdrawn.

(4) Every juvenile who is not placed under the charge of parent or guardian and is

sent to an observation home shall be initially kept in a reception unit of the

observation home for preliminary inquiries, care and classification for juveniles

according to his age group, such as seven to twelve years, twelve to sixteen years
 and sixteen to eighteen years, giving due considerations to physical and mental

status and degree of the offence committed, for further induction into observation

home.

The observation homes may be established by the state itself or with an agreement with

any voluntary organizations. The number of such observation homes in any district or for

more than one district can be decided by the state after considering the necessity. The

purpose of establishing such observation homes is provided in sub-section (1) to section 8

as for the temporary reception of any juvenile in conflict with law during the pendency of

any inquiry regarding then under this Act. This sub-section makes clear that the

observation homes are only for juvenile delinquents whose case is pending before a

Board.

Sub-section (2) of section 8 gives powers to the state government to certify any other

institution other than formed under sub-section (1) as observation homes if the

government is of opinion that it is necessary and such institution is fit for the purpose.

Sub-section (3) of section 8 deals with the management, control and the manner of

certification and rejection of any institution as observation homes. This sub-section

mandates that all these things may be done by the state after making rules under this Act.

As per sub-section (4) of section 8, the persons send to the observation homes shall be

initially kept in the reception unit of the observation homes for the following purpose:

1. for conducting preliminary inquires;

2. for care; and

3. for classifying the juveniles according to their age.

Three age groups are provided in the Act for classifying juveniles:
 1. Seven to Twelve;

2. Twelve to Sixteen; and

3. Sixteen to Eighteen.

The sub-section (4) says that due consideration shall be given to the physical, mental

condition of the offender and the degree of the offence committed.

Answer the following Self Assessment Question:

Self Assessment Question 3 Spend 3 Min.

True or False:

i) India ratified the UN Convention on the Rights of the Child on December 1993 ( )

ii) The Magistrate in a Juvenile Justice Board shall have special knowledge or training in

child psychology ( )

iii) The purpose of the observation home is the temporary reception of any juvenile in

conflict with law. ( )

3. Special Homes

The Section 9 of the Act deals with the establishing of special homes. The section reads

as follows:

9. Special Homes.- (1) Any State Government may establish and maintain either

by itself or under an agreement with voluntary organisations, special homes in

every district or a group of districts, as may be required for reception and

rehabilitation of juvenile in conflict with law under this Act.

 (2) Where the State Government is of opinion that any institution other than a

home established or maintained under sub-section (1), is fit for the reception of

juvenile in conflict with law to be sent there under this Act, it may certify such

institution as a special home for the purposes of this Act.

(3) The State Government may, by rules made under this Act, provide for the

management of special homes, including the standards and various types of

services to be provided by them which are necessary for re-socialisation of a

juvenile, and the circumstances under which and the manner in which, the

certification of a special home may be granted or withdrawn.

(4) The rules made under sub-section (3) may also provide for the classification

and separation of juvenile in conflict with law on the basis of age and the nature

of offences committed by them and his mental and physical status.

This section is similar to section 8 and the section empowers the state government itself

or by certifying some voluntary organizations to establish special homes for the reception

and rehabilitation of juveniles who are in conflict with law. The state government is also

empowered under sub-section (2) of section 9 to certify any institutions other than those

covered under sub-section (1) as special homes. The sub-section (3) states that the state

government has power to manage, control and take decision in the case of granting or

withdrawing certification to any special homes.

4. Child Welfare Committee

The section 29 of the Act empowers the state government to constitute one or more child

welfare committees in each district or for more than one district. Section 29 reads as

follows:
29. Child Welfare Committee.-(1) The State Government may, by notification in

Official Gazette, constitute for every district or group of districts, specified in the

notification, one or more Child Welfare Committees for exercising the powers

and discharge the duties conferred on such Committees in relation to child in need

of care and protection under this Act.

(2) The Committee shall consist of a Chairperson and four other members as the

State Government may think fit to appoint, of whom at least one shall be a woman

and another, an expert on matters concerning children.

(3) The qualifications of the Chairperson and the members, and the tenure for

which they may be appointed shall be such as may be prescribed.

(4) The appointment of any member of the Committee may be terminated, after

holding inquiry, by the State Government, if-

i. he has been found guilty of misuse of power vested under this Act;

ii. he has been convicted of an offence involving moral turpitude, and such

conviction has not been reversed or he has not been granted full pardon in respect

of such offence;

iii. he fails to attend the proceedings of the Committee for consecutive three

months without any valid reason or he fails to attend less than three-fourth of the

sittings in a year.

(5) The Committee shall function as a Bench of Magistrates and shall have the

powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a

Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first

class.
The purpose of the Child Welfare Committee is clear from sub-section (1) of section 29.

The purpose of the Committee is to give care and protection to the child in need.

Constitution

The committee shall consist of the following persons:

1. Chairperson;

2. Four other members (one shall be woman and the other one shall be a person a

person who is an expert in the matters concerning children).

Different from other institutions formed under this Act, the significance of the Child

Welfare Committee is that disqualifications are specifically provided in sub-section (4) of

the section and if any of the members in the committee is found disqualified to sit as a

member for any of the reasons provided in the section, the state government may

terminate the member after conducting an inquiry. The disqualifications are as follows:

1. if he has been found guilty of misuse of power vested under this Act;

2. if he has been convicted of an offence involving moral turpitude, and such

conviction has not been reversed or he has not been granted full pardon in

respect of such offence;

3. if he fails to attend the proceedings of the Committee for consecutive three

months without any valid reason or he fails to attend less than three-fourth

of the sittings in a year.

5. Children’s Homes

The section 34 empowers the state government to establish the children’s homes. The

children’s homes may be established by the state itself or in association with any

voluntary organizations. The state may establish one or more children’s homes in a
district or for more than one district. The purpose of the children’s homes is to receive

any child in care or for protecting any delinquent juvenile during the pendency of any

inquiry and also subsequently for their care, treatment, education, training, development

and rehabilitation.

The state government is empowered under sub-section (2) of section 34 to make rules for

the following:

1. for the management of children’s homes;

2. prescribing the standards and the nature of services to be provided by them;

3. circumstances and the manner of certification;

4. granting or withdrawing of certification.

6. Shelter Homes

The state government may recognize any reputed and capable voluntary organization by

providing assistance to them for establishing the shelter homes. This is provided in

section 37 of the Act. Sub-section (2) of section 37 states that the shelter homes shall

function as drop-in-centers for the children in need of urgent support.

7. After-care Organisation

As per section 44 of the Act, the state government may by rules made under the Act,

establish After-care Organisations for the following purposes:

1. for taking care of juveniles or the children after they leave special homes or

children homes;

2. for enabling them to lead an honest, industrious and useful life;

3. for a scheme of after-care programme to be followed by such after-care

organisations for the purpose of the preparation or submission of a report by the

 probation officer or any other officer appointed by that Government in respect of

each juvenile or the child prior to his discharge from a special home, children's

home, regarding the necessity and nature of after-care of such juvenile or of a

child, the period of such after-care, supervision thereof and for the submission of

report by the probation officer or any other officer appointed for the purpose, on

the progress of each juvenile or the child;

Please answer the following Self Assessment Question:

Self Assessment Question 4 Spend 3 Min.

Briefly explain the purpose of the Child Welfare Committee.

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1.5 SUMMARY
• The Juvenile Justice Institutions are giving emphasis on open-ended, informal and

highly flexible policies to rehabilitate and reform the delinquent.

 • The courts tried to focus the best interest of the child and they emphasized an

informal, non-adversarial and flexible approach to the cases of juveniles.

• The Juvenile Justice (Care and Protection of Children) Act, 2000 can be

considered as a comprehensive legislation on the topic.

1.6 TERMINAL QUESTIONS

1. What is the rationale of juvenile justice institutions?

2. Discuss briefly the functions of the shelter homes?

3. What is After-care Organisation?

1.7 ANSWERS AND HINTS

Self Assessment Questions

1. (i) Transformation occurred due to the change in the family structure (ii) parens

patriate.

2. Refer to section 1.3 of the unit.

3. (i) False (ii) True (iii) True

4. See section 1.5

Terminal Questions

1. Refer to section 1.1 of the unit.

2. Refer to section 1.4 of the unit.

3. Refer to section 1.4 of the unit.

1.8 REFERENCES AND SUGGESTED
READINGS
1. Ved Kumari, Juvenile Justice System in India: From Welfare to Rights (OUP

2004).

2. Preston Elrod, Juvenile Justice: A Social, Historical and Legal Perspective.

3. The Juvenile Justice (Care and Protection of Children) Act, 2000.