JUVENILE DELINQUENCY , WELFARE , JUSTICE AND THERAPEUTIC

INTERVENTIONS : A GLOBAL PERSPECTIVE

BUCHUPALLE KEERTHANA
2nd year BA.LL.B ( 5 years course)
Universal School Of Law
Bangalore ,Karnataka
India
Keerthanabuchupalle7200@gmail.com
ABSTRACT:

These rehabilitation programs are essential to address the root causes of juvenile delinquency in
India and at international ensure the successful reintegration of juvenile offenders into
society.National Programme for Prevention of Juvenile Delinquency (NPPJD)- This program was
introduced in 1995 and is implemented by the Ministry of Home Affairs. The program aims to
prevent juvenile delinquency by providing education, training, and rehabilitation to juvenile
offenders.The program is implemented by the National Crime Records Bureau (NCRB) and is
funded by the Ministry of Home Affairs.These programs aim to provide the necessary skills,
knowledge, and support to help juvenile offenders become productive citizens. UK and other high -
income countries world wide have established forensic child and adolescent psychiatry and multi
disciplined adoptions .The UN rules and conventions for those who were deprived of their liberty
guaranteed with expected standards of treatment and delivery of justice, care and protection to
children. The Juvenile Justice in India which is a governing legislation for `Juveniles in Conflict with
Law` whose main objective is to establish an alternative justice system for their rehabilitation and
should advocate decriminalization and deinstitutionalization in its interventions , and must ensure
that the rehabilitation process is effective and strong enough in turning a new leaf preventing them
from coming into conflict with Law again . The Juvenile Justice Board which is responsible for
conducting inquiries and trials of juveniles in conflict with the law, and for making recommendations
for their rehabilitation and reintegration. The board also has the power to order the detention of a
juvenile in a place of safety or in a special home, if necessary. The board is composed of a judicial
magistrate and two social workers, and is responsible for ensuring that the best interests of the
juvenile are protected at all times.
INTRODUCTION:

The beacon light phase started with the worldwide declaration where every government and states
are pushed to implement core legislations and analyse the county`s children` horoscopes through the
child`s eye to understand how he was treated and what made him a juvenile delinquent . US crime
grew in Western Europe and juvenile convictions rose 50% between the mid-1980s.

The term "juvenile" 1has been defined differently and adhered across various legislative acts over
time.A juvenile is defined as a person who has not yet reached a certain age (such as 18) and is
therefore considered a minor in the eyes of the law. However, the exact age definition can vary and
settle , and some states may use different age thresholds for different purposes at distinct situations .
For example, a state might consider a person a juvenile for the purposes of delinquency proceedings,
but an adult for criminal prosecution. Also, different laws and tribunals involved .

"Juvenile" can also refer to the nature of the offense committed, rather than the age of the offender.
For instance, some states have provisions for trying certain offenders as juveniles even if they are

1
According to the Merriam webster dictionary , The meaning and of term JUVENILE is-of or relating to young people
who have committed or are accused of committing a criminal offense
technically adults, if the offense is considered to be a juvenile matter at various instincts and
situations based grounds.

'Juvenile justice' encompasses the social and judicial aspects of justice for minors. It involves the
protection, care, and rehabilitation of juveniles who have committed offenses along with
constitutional provisions under it.. The juvenile justice system aims to address the specific needs of
juveniles, including their emotional, social, and educational needs. The constitution has given special
status for children and their unique needs and rights.Articles 15(3), 24, 39(e), 39(f), and 45 ,these
are the correct provisions from the Constitution of India related to the rights of children. 2

I. Article 15(3): This article allows the state to make special provisions for women and children, to
ensure their protection and development.3
II. Article 24: This article prohibits the employment of children below the age of 14 in factories,
mines, and other hazardous occupations.4
III. Article 39(e): This article provides for the protection of children against exploitation and ensures
that children are not abused or forced into work.5
IV. Article 39(f): This article requires the state to provide free and compulsory education to all
children between the ages of 6 and 14.6
V. Article 45: This article mandates the state to endeavor to provide early childhood care and
education to all children until they complete the age of six.7
The Juvenile Justice (Care and Protection of Children) Act, 2015, the principal legislation that
governs the juvenile justice system in India and the purpose of enacting this law was to align the
legal structure of the country with international standards, specifically the United Nations
Convention on the Rights of the Child (CRC) proved to be seminal.The Act places significant
emphasis on the well-being and reintegration of children, regardless of whether they are involved in
delinquent activities or require assistance and safeguarding and provide them better rehabilitation
centers to convert them into the good ones that coverts the past acts. It included a plethora of codes
and conventions piled almost 9 rights.
According to the convention that entered into force on 2nd September 1990 and ratified by the 196
nations excluding the United States of America. Two optional protocols were drawn on 25th may

2
J.N. Pandey, “ The Constitutional Law of India” 10th Edition, Central Law Agency Allahabad
3
M.P. Jain, Indian Constitutional Law, 6th Ed., p. 517
4
M.P. Jain, Indian Constitutional Law, 6th Ed., p. 559
5
Jain, M. P. (2011). Indian Constitutional Law. Lexis Nexis
6
86th Amendment Act, 2002, and that the Right to Education Act, 2009
7
V.N. Shukla, Constitution of India, Eastern Book Company, Lucknow, 12th ed. (2016).
2000 which restricts children`s involvement in military conflicts while the other prohibits children`s
sales, children prostitution and pornography which then ratified by more than 170 countries. The
third protocol was introduced in December 2011 relating to communication of grievances and came
into effect on 14th April 2014.
Article 1 child means every human being under the age of eighteen years.
Article 3 interest of the child is dealt.
Article 6 member state must recognize that every child has right to life.
Article 37(a) prohibition of cruel , brutal , life imprisonment and death penalty and inhumane
punishments for juveniles.
Article 37(b) arrest , detention would be last resort.
Article 37(c) children confined must be treated with humanity.
Article 37(d) legal assistance and challenge their detention before the court of law.
Article 40 measures to deal with the children outside the court of law
Article 40(1) children accused must be treated with dignity.

INTERNATIONAL DECLARATIONS AND CONVENTIONS ON JUVENILE

Based on the signed "Bliss Copy," sixteenth US president Abraham Lincoln declared in his
Gettysburg Address that "our forefathers founded a fledgling nation based on liberty and equality
four score and seven years ago." The Thirteenth Amendment, which outlawed slavery and forced
labour in the United States and untouchability in India under Article Seventeen of the Constitution,
was ratified by the Senate on April 8, 1864. Their abolition increased social acceptance.
Untouchability, child intolerance, and slavery are comparable. Paternal love is diminishing. To
secure the future of the world, social scientists advise prioritizing child care and protection. Children
are vivacious, full of hope, delicate, and reliant. Their existence ought to be content and peaceful. It
is a crime against humanity to rob children of their enjoyment. According to children's poet Gabriel
Mistral, this clarion cry emphasized the necessity8.

8
"States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal
law" - This statement is from the United Nations Convention on the Rights of the Child (UNCRC), which outlines the
minimum age of criminal responsibility and the need for measures to prevent children from coming into conflict with the
law”.
 1948 and the Universal Declaration of Human Rights

This was declared on December 10, 1948, by the General Assembly in Resolution 217A (III). Since
the Universal Declaration of Human Rights serves as a benchmark for success for all people and
nations, individuals and societal institutions should work to ensure that these rights and freedoms are
respected by teaching and educating others about them and by taking progressive national and
international action to ensure their universal and effective recognition and observance, both among
There are thirty articles in this UDHR. All the articles are important, but especially 1 and 25(2). 9

Article 1: Every human being has inherent freedom, equality, and dignity from birth. They ought to
behave kindly towards one another as they are gifted with reason and conscience.

Article 25(2): a special care and assistance to motherhood and childhood.

1950'S EUROPEAN CONVENTION ON THE PROTECTION OF HUMAN RIGHTS

According to Article 14, "The enjoyment of rights and freedoms set forth in this convention shall be
secured without discrimination on any ground such as sex, colour, language, religion, political or
other opinion, national or social origin, association with a national minority property, birth or other
states" . In actuality, this article discusses the value of life and respect for it.

The General Assembly of the United Nations declared the rights of children on November 20, 1959,
in General Assembly Resolution 1386 XIV. Section 1 of the aforementioned Declaration states:

The kid is entitled to all the rights outlined in this proclamation. Without any kind of exclusion,
every kid will have the rights against sex, religion, property, birth, political or other opinion etc.

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, ADOPTED IN

1966

9
No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or
omissions that were not prohibited by national or international law at the time they were committed" - This is another
provision from the UNCRC, which emphasizes the importance of ensuring that children are not punished for acts that
were not considered criminal at the time they were committed.
Article 10(3) of this covenant, which consists of 31 articles, states that "particular measures of
protection and aid shall be adopted on behalf of all children and young people without any
discrimination for grounds of parentage, or other circumstances." Young people and children should
be protected from societal and economic justifications. Child labour should be prohibited if it
compromises morality, health, life, or development. States must to outlaw and punish paid child
labour below particular thresholds as well."

1966 SIGNING OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL

RIGHTS

There are 53 articles in the 1966 International Covenant on Civil and Political Rights. All citizens
have the right to civil and political rights, however Articles 10(2)(b), 23(4), and 24 explicitly address
children and must be upheld.10

Article 10(2)(b) states that juvenile defendants must be kept apart from adults and brought before
courts as soon as feasible.

for decision-making."

Article 14(4) stipulates that the age of juveniles and the need to support their rehabilitation shall be
considered during trial proceedings. These rules, however, are quite restricted because they only
address a few, very specific areas of juvenile justice.

Section 23.4: "States" Parties to the covenant shall ensure that spouses have equal rights and
obligations at all times even after marriage and children are protected even in the event of divorce.

Article 24(1): Every child has the right to family , community , and state protection as needed by his
position as minor and no discrimination based on caste, creed, sex, gender, religion, property, birth
etc.
10
A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education
and vocational training programmes and other alternatives to institutional care shall be available to ensure that children
are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence" -
This statement emphasizes the importance of providing a range of alternatives to institutional care for children in conflict
with the law.
1989 CONVENTION ON THE RIGHTS OF CHILDREN

There are 54 Articles in this convention, all of which focus on a distinct aspect of the kid and are
ingrained in the idea that they should be protected and nurtured. Articles 3 and 20 need to be made
clear.

Article 3(1): Courts, administrative agencies, legislative bodies, and private or public social welfare
organizations shall always act in the child's best interest.

BEIJING RULES, 1985:

According to the Beijing guidelines, nations should establish specialised juvenile justice systems
while preserving the needs and rights of children. These were the first international legal documents
that outlined juvenile justice norms based on child development and child rights. The purpose of
these regulations is to set up a juvenile justice system that is progressive. The International Covenant
on Civil and Political Rights, the International Covenant on Economic, Social, and Cultural Rights,
and other international human rights agreements pertinent to youth rights are all followed by these
standards. The Beijing Rules consist of thirty regulations that cover the juvenile justice systems in
six parts. These six parts are listed below.

1. Fundamental Concepts (Rules 1 through 9);

2.Prosecution and investigation (Rules 10–13);

3.Rules 14–22: Adjudication and Disposition

4. Treatment Without Industry (Rifle 23);

5.Organizational treatment (rules 26-29)

5. research, planning , policy formation and evaluation (rule 30)

THE RIYADH GUIDELINES

which were approved in 1990, are the UN Guidelines for Juvenile Delinquency Prevention.
Realizing that every child has fundamental human rights, including the right to free education, and
acknowledging the need to develop national, regional, and global approaches and strategies to
prevent juvenile delinquency, as well as the large number of young people who may or may not be in
legal trouble but are instead abandoned, neglected, abused, exposed to drug abuse, living in
marginalized situations, and at risk of social repercussions, its 66 essential principles they should not
be socialized or controlled.11

VIENNA GUIDELINES (1997)

The United Nations Resolution, commonly referred to as the "Vienna Guidelines," offers a summary
of data that governments have provided regarding the management of juvenile justice in their
nations, with an emphasis on their involvement in creating national action plans that support the
efficient implementation of international guidelines and standards in this area. The United Nations
regulations for the Protection of Juvenile Deprived of Liberty (1990), also known as the JDL Rules,
the Beijing rules, and the Riyadh Guidelines served as the basis for a draft programme of action on
children in the "criminal justice system" that was developed in February 1997 by a group of
professionals in Vienna.

On July 22, 2005, the Economic and Social Council approved these rules in Resolution 2005/20 to
carry out General Assembly Resolution 44/25. XV Parts contains the directions. Divorce, adoption,
mental health, child protection, immigration, and refugee legislation are all covered; progress is
permitted but not guaranteed. Child welfare has been a global issue since the 1948 Universal
Declaration of Human Rights and the 1989 Final Convention on the Rights of the Child. Additional
agreements that safeguard children include the International Covenant on Economic, Social, and
Cultural Rights (1966) and the 1959 Declaration of the Rights of the Child. In 1990, UNICEF held

11
The specific physical, psychological, developmental, and educational needs of the child justify the necessity for a
specialized juvenile justice system and a lesser culpability approach in the administration of juvenile justice" - This
statement emphasizes the need for a specialized juvenile justice system that takes into account the unique needs and
circumstances of children.
its World Summit in spite of previous attempts. This summit on September 30, 1990, was the first
significant international attempt to put the Convention on the Rights of the Child into effect.

INSTITUTIONS OF JUVENILE SYSTEM

Judges and Courts for Juveniles

The youth courts in Canada, China, France, Egypt, Germany, India, Italy, Japan, Netherlands,
Poland, and Singapore are in charge of handling juvenile justice. Some nations have these as special
divisions inside their regular courts, whereas other nations include delinquent matters under their
family courts' purview. In several other nations (such as the Czech Republic, Iran, Russia, and
Sweden), charges against juveniles are brought before conventional courts; however, judges and
prosecutors must possess specialised training and expertise. In Israel, there is an intriguing system
where regular judges serve as juvenile court justices temporarily, appointed by the President of the
Supreme Court. Juvenile courts are not part of the special court system. There is no set time limit on
these unique appointments.12

The primary goals of the juvenile justice system are protection and rehabilitation. For this reason,
child courts in China deal with instances involving adults who have corrupted or committed crimes
against juveniles in addition to situations involving juvenile victims or offenders. Laws in many
nations stipulate specific qualifications for judges. In France, judges are appointed to this position
based on their familiarity with and understanding of minors; in Egypt, a woman must serve as one of
the panel's members; and in India, the legislation mandates that each judge possess specialised
knowledge in child welfare and child psychology.13

The new statutory language stipulates that minors under the juvenile court's jurisdiction for criminal
conduct must receive care, treatment, and guidance that is in their best interests, holds them
12
Every child alleged as or accused of having infringed the penal law has at least the following guarantees" - This list of
guarantees includes the right to be presumed innocent until proven guilty, to be informed promptly and directly of the
charges against them, and to have legal or other appropriate assistance in the preparation and presentation of their
defense.
13
States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically
applicable to children alleged as, accused of, or recognized as having infringed the penal law" - This provision from the
UNCRC highlights the need for specialized laws, procedures, authorities, and institutions for children in conflict with the
law.
accountable for their actions, and is appropriate for their circumstances in all countries. This is in
compliance with the interests of public safety and protection. This state is protected by many
mechanisms that regulate the course of the study. Public prosecutors are involved in the first stages
of the process in Canada, France, Germany, Italy, Japan, Netherlands, Poland, Russia, and Sweden.
The prosecution's role and responsibilities differs according on the nation.14

Either the police or the prosecution office may look into the case.
Either the police or the prosecution office may look into the case. All countries have laws that allow
for the placement of juveniles in preliminary detention; however, the duration of the detention and
the age of the minors vary from country to country. For minors under 14, almost every nation forbids
preliminary detention. Canada and Israel are an exception, since they have lowered this age to 12
years, whereas France and Poland forbid detaining children under the age of 13. Police are able to
identify juvenile criminals everywhere and conduct a search of their person and possessions in the
same way that they do with adult suspects. According to Israeli law, obtaining a warrant for a search
does not need the authorities.15
When a juvenile offender is apprehended by the police, the processing of the offender often starts.
The kid may be brought to a local police jail in any country. Though most countries state in their
laws that they aim to reduce the length of custody, there are differences in the opportunities to detain
him. A juvenile criminal suspected of committing a crime may only be taken into jail pending trial if
there are specific grounds for the arrest. A minor may be detained at a police station in Sweden for a
maximum of three hours. This interval lasts no more than four hours in France, twelve hours in Italy,
and twenty-four hours in China.
minors' rights

The juvenile defendants' rights safeguard them during the trial process. Four groupings could be
made out of these rights:

1.Due process

14
The final version of Article 40 codifies the core elements of the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (The Beijing Rules)" - This statement highlights the importance of the Beijing Rules
in guiding the administration of juvenile justice.
15
The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the
penal law" - This provision from the UNCRC outlines the need for a minimum age of criminal responsibility, below
which children cannot be held criminally responsible for their actions.
2. Privacy, legal representation, and guidance from youth social services

CONCLUSION :
Regarding the issue of punishment and rehabilitation of young offenders, the majority of the juvenile
justice systems included in this research comply with this requirement and can be described as
"offender-oriented criminal justice systems where courts chose between educational measures and
penal sanctions m accordance with the suitability of these measures for the individual offender"5.
Members of the parole board concentrated on the youth's acceptance of responsibility for their
criminal behaviour and their likelihood for reoffending in order to operationalize accountability in
judgements regarding the duration of stay and parole preparedness.

At the cusp of centuries, there is a lot of discussion about the future of juvenile justice and associated
issues. Many people are seriously doubting the very existence of a separate juvenile justice system,
which has gained widespread expansion in the civilised world, one hundred years after the
establishment of juvenile court in Illinois, which marked the beginning of a new era in the global
juvenile justice system. Critics have proposed a complete abolition of juvenile privileges, along with
certain extreme measures like caning and orphanages. On the other hand, some maintain that further
work is sufficient to restore the juvenile court's original founders' goal. 16

Facing these worrisome numbers, governmental officials in most of the nations under study direct
public attention towards delinquency prevention, perceiving police apprehension and court referrals
as indicators of civic failure and reporting limited chance of therapeutic rehabilitation. The nations
typically adopt the following actions to accomplish this goal and enhance the management of
juvenile justice:

Only in extreme cases is the formal method employed; dispositional alternatives are being explored;
The goal of ongoing efforts to reduce the juvenile court's authority is to get rid of the authority of the
court over minors for non-criminal behaviour;

clarification and efforts to put the child's procedural justice into practice; and the growing use of
community organisations that operate outside of the legal system as a substitute for conventional
juvenile justice proceedings.

16
Children’s Well-Being: Indicators and Research (CHIR, volume 25)" - This open access chapter discusses the
importance of treating children in a manner that promotes their sense of dignity and worth, and reinforces their respect
for human rights. It highlights the need for states to ensure that children alleged as, accused of, or recognized as having
infringed the penal law are treated in a manner consistent with the promotion of their well-being.
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