TABLE OF CONTENTS:

 INTRODUCTION
 HISTORY OF JUVENILE JUSTICE IN INDIA
 JUVENILE AND JUVENILE IN CONFLICT WITH
LAW.
 JUVENILE JUSTICE ACT,2015
 JUVENILE JUSTICE BOARD
 TREATMENT OF JUVENILES IN INDIA
 CONCLUSION.

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 CHAPTER 1
INTRODUCTION

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 Introduction

Children are recognized worldwide as supremely assets of the state. the long run of the state lies
among the hands of the youngsters, WHO are recognized as a result of the supremely assets of the
state but as a result of the indifferences of our society in all spheres, these future stake holders are
not cited properly that ends up in child delinquency. Children or delinquency is Associate in
nursing alarmingly increasing downside inflicting an offer of concern in all over the world.
Children ought to be the subject of prime focus of development designing, research, and welfare in
Asian country but sadly, it's not been thus. Despite the Constitutional vision of a healthy and happy
child protected against abuse and exploitation, and a National Policy for children, the majority of
children in Asian nation still live whereas not a cared, protected and substantive childhood.
India may be a soul to world organization Declaration on The Rights of the child, 1959 that made
public and recognized varied Rights of the kids namely: the correct to health and care, the correct
to protection from abuse, the correct to protection from exploitation, right to protection from
neglect, right to data, right to expression and right to nutrition etc. are made public as basic rights
of children by the Convention of the rights of the child. Consequently, Asian nation has adopted a
national policy on youngsters in 1974 for achieving the on prime of same rights for its youngsters.
The primary central legislation on Juvenile Justice was passed in 1986, by the Union Parliament,
thereby providing an even law on juvenile justice for the whole country. Before these laws there
were several different laws relating to a similar matter were in existence in each country
everywhere the globe. However those weren't same or uniform. Therefore the primary uniform law
on juvenile justice however unsuccessful to lead to any dramatic improvement among the
treatment of juveniles. The laws continuing to impress lots of concern, in human rights circles,
pertaining unable to the method juveniles were treated in detention centers selected as special
homes and juvenile homes. It is necessary to give emphasize to this vital issue, the responsibility
of the National Legal Service Authority has increased many folds to contribute to the cause of
children in India.

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 CHAPTER 2
HISTORY OF JUVENILE JUSTICE IN INDIA

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 HISTORY OF JUVENILE JUSTICE IN INDIA

The term juvenile justice emerged from the word Juveniles, in Latin it means Young so a justice
system for the young. Historically the concept of juvenile justice was derived from a belief that the
problems of juvenile delinquency in abnormal situations are not amenable to the resolution within
the framework of traditional process of criminal law.1 Over the time a need felt in ensuring that
juvenile justice system beside catering the needs of young offenders only it also provide
specialized and preventive treatment services like community support, harmonizing impersonal
state intervention with the family, community and institutional interventions for the children and as
a means of prevention, rehabilitation and socialization through schools and religious bodies.2

During the British Rule certain laws were enacted to address the issue of juvenile delinquency and
child welfare. laws like Whipping Act of 1864 was passed to punish the juvenile through whipping
and then setting him free so that he should not repeat the same act, it was to deter the child against
committing crime. The Indian Penal code Act 1860 and criminal procedure code 1861 treating
child differently through various procedures. Act XIX of 1850, 1876 reformatory schools act, the
POSCO School Act, Children’s act of 1920, and other state specific legislations like Bengal
children’s Act, Madras children’s Act to address neglected and deviant children’s these laws gave
delinquents some special provisions regarding their Institutionalization and rehabilitation.3

Colonial masters dealt with the problem of delinquents, through the laws of Reformatory schools
and POSCO School Act to reform and rehabilitate juvenile delinquents. Although there were state
laws the children’s Act but post–Independence a central law The Juvenile Justice Act 1986 was
introduced for a uniform system, procedure and personnel in the domain of juvenile justice
throughout the country, in this Act the age of male juvenile was kept at sixteen years while the girl
age was kept at eighteen years.4 These cut off age were chosen because in the children Act 1960
1
Ved kumari, The Juvenile Justice in India: from welfare to rights, New Delhi: OUP. p1
2
working paper “juvenile justice: before and after the onset of juvenile delinquency” made by the
secretariat of sixth United Nations congress on prevention of crime and treatment of offenders, caracas,
Venezuela 25 to 29 August 1980. Agenda Item 4, 1980, A/CONF.87/5/Rev.1, p62-63
3
Sen, Satadru. (2004), A separate punishment: Juvenile offenders in colonial India, Association of Asian studies,
63(1), 81-104

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section 2(h) Juvenile Justice Act, 1986.

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where the age was sixteen years and also the children bill of 1953 which defined children as below
sixteen years also because of the Bombay children Act of 1948 which was one of the model
legislation.

As this law was passed prior to the UNCRC 1989 which India ratified in 1992. 5 In 2000 the former
law was repealed and a new law which was more exhaustive and one of the best law was enacted
The Juvenile Justice (care and protection of children) Act 2000 but the age was kept at 16 only
later it was Amended in 2006 to increase the age of the child which increased to 18 years to adhere
the International ratified laws.

The juvenile justice is one of the step taken by the state so as to attain constitutional vision of India
pertaining care and welfare of children. The provisions of constitution which grants the special
status to the children Article 15(3), 24, 39(e) & (f) and 45, National policy for children 1974, 2013,
declare that children are national asset. Further through constitutional directions many other laws
and statutory provisions have been enacted to protect the rights of children like RTE 2009, child
labor prohibition act 1986, JJ act 1986, later JJ(C&P) Act 2000. Then finally it was amended at
juvenile justice act,2015.

5
http://www.unicef.org/crc

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 CHAPTER 3
JUVENILE AND JUVENILE IN CONFLICT WITH LAW

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 JUVENILE AND JUVENILE IN CONFLICT WITH LAW

The first and foremost thing is to define a „juvenile‟ and a „juvenile in conflict with law‟.
Juvenile can be defined as a child who has not attained a certain age at which he, like an
adult person under the law of the land, can be held liable for his criminal acts. The juvenile is achil
d who is alleged to have committed/ violated some law which declares the act or omission on the
part of the child as an offence. Juvenile and minor in legal terms are used in different context.
Juvenile is used when reference is made to a young criminal offender and minor relates to legal
capacity or majority.
 In India, until passing of Children Act, 1960 there was no uniformity regarding age limitation of
juvenile delinquent. Bombay Children Act, 1948 defined „child‟ to mean a boy who has not
attained the age of sixteen years or girl who has not attained the age of eighteen years. The U.P.
Children Act defined “child” as a person under the age of eighteen years .Under A.P. Children Act,
1920 “child” means a person less than 14 years of age. The Saurashtra and West Bengal defines a
“child” as a person who has not attained the age of eighteen years. Juvenile Justice Act, 1986
defined a juvenile or child to be a person who in case of a boy has not completed age of 16 years
and in case of a girl 18years of age. The JJA Act, 1986 was repealed by 2000 Act and the
distinction with regard to age between male and female juveniles has been done way with by the
Government of India in performance of its obligation to the international obligations. Now age of
juvenile in conflict with law for male and female has been fixed at 18 years. A juvenile in conflict
with law under the Juvenile Justice (Care and Protection) of children amendment act, 2006 is
a juvenile who is alleged to have committed an offence and has not completed his/ her 18thyear of
age as on the date of commission of such offence. Indian laws have created four categories of
persons according to their age. The criminal liability of an accused depends upon the category in
which that person falls.
The first of these is a person below seven years of age. Section 82 of the Indian Penal Code, 1860
3.states that nothing is an offence which is done by a child under seven years of age. The
simplereasonbehind giving such an exemption is the absence of „mens rea‟ i.e. guilty mind or crim
inal intent. People who at the time of commission of the crime could not and did not know the
right from the wrong should not be penalized. The second category of persons is those who are
between the age of seven and twelve years. Section 83 deals with them and lays down that if an

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offence is committed by such a person, it will first have to be ascertained whether the child has
attained sufficient maturity of understanding due to which he can judge the nature of his alleged
conduct and the consequences thereof. The persons between the age of twelve and eighteen years
fall into the third category and if an offence is committed by such a person, he shall be liable for
such offence. However, he shall not be prosecuted and punished like adult offenders, but would be
dealt with only in accordance with the provisions of the law relating to juvenile justice. Lastly, a
person above the age of eighteen years is criminally liable for an offence in accordance with the
normal criminal laws of the country.

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 CHAPTER 4
JUVENILE JUSTICE (CARE AND PROTECTION ACT)
2015.

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 Juvenile Justice (Care and Protection) Act, 2015

Juvenile justice is the area of criminal law applicable to persons not old enough to be held
responsible for criminal acts; in most cases Juvenile Justice Law is applicable to those under 18
years old. Juvenile law is mainly governed by the juvenile justice codes of states. The main goal of
the juvenile justice system is rehabilitation rather than punishment. Juvenile justice is administered
through a juvenile courts or Juvenile boards. Juvenile Justice supervises and cares for young
offenders in the community and in Juvenile Justice Centers. It provides youth justice conferences
for young offenders referred by police or the courts.
The Juvenile justice system is a foundation in society that is granted certain powers and
responsibilities. It faces several different tasks, among the most important is maintaining order and
preserving constitutional rights. When a juvenile is arrested and charged with committing a crime
there are many different factors that will come in to play during the course of his arrest, trial,
conviction, sentencing, and rehabilitation process. Today’s Juvenile Justice System still maintains
rehabilitation as its primary goal and distinguishes itself from the criminal justice system in
important ways. State statutes creating Juvenile courts and providing g methods for dealing with
Juvenile delinquency have generally been upheld by courts as an acceptable extension of state to
ensure the safety and welfare of children.
The doctrine of parens patriae authorizes the state to legislate for the protection, care,
custody, and maintenance of children within its jurisdiction. The underlying rationales of the
juvenile court system are that youth are developmentally different from adults and that their
behavior is malleable. Rehabilitation and treatment, in addition to community protection, are
considered to be primary and viable goals. Limitations are placed on public access to juvenile
records because of the belief that juvenile offenders can be successfully rehabilitated, and to avoid
their unnecessary stigmatization. The Juvenile Justice system follows a psychological casework
approach, taking into account a detailed assessment of the youth's history in order to meet his or
her specific needs.
The juvenile offender faces a hearing, rather than a trial, which incorporates his social
history as well as legal factors. A juvenile offender is judged "delinquent" rather than "guilty."
Because of the individualized nature of the juvenile justice system, sentencing varies and may
cover a wide range of community-based and residential options.

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 The disposition is based on the individual's offense history and the severity of the offense,
and includes a significant rehabilitation component. The disposition can be for an unspecified
period of time; the court can send a youth to a certain facility or program until it is determined he
is rehabilitated, or until he reaches the age Volume 2 Issue 12 of majority. The disposition may
also include a restitution component and can be directed at people other than the offender, for
example his parents. The term Juvenile Justice is, therefore, used to refer in social as well as
juridical justice. India seeks to provide social and juridical justice to neglected and delinquent
children through the use of code, constable’s courts and residential institutions for both categories
of children, those committing an offence and others living in circumstances likely to lead them into
a life of crime. The legislations incorporating the juvenile justice system have been making
provisions for the care, protection, treatment, development of delinquent juveniles.
The juvenile justice bill was conferred within the Lok Sabha (house of representatives) on august
12th ,2014, by the minister of women and children development, Ms. Maneka Gandhi. The bill was
mentioned the committee on human resource development. The committee conferred its report. It
was passed in the Lok Sabha within the interior of extreme dissent by a numbers of parliament. It
had been passed on twenty second December 2015 is notified within the gazette of Indian on 1 st
Jan, 2016 and came into force within the whole of India rom 15 th,jan,2016. However this act , the
state of Jammu and Kashmir won’t be adopted attributable to article 370 of the constitution of
India.

The frightful incident of raised many debates. And thus the main issue among these was the
involvement of the juvenile offender, who was exclusively six months short from turning into
adult. This attracts the law of Juvenile Justice (care and protection) Act, 2014and therefore the
offender was sentenced by the court only for three year confinement. Against this decision of Apex
Court, several protests were created, that demanded modification among the prevailing Juvenile
Justice Law. However, this case is not exclusively reason for the govt. To introduce this bill. The
Ministry of women and child Development even the introduction of bill with many different
reasons.

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 The prime a pair of reasons of all were, first, the Juvenile Justice Act, 2000 was facing
implementation and procedural got delayed. Secondly, the National Crime Records
Bureau(NCRB) Reports indicate increase among the Juvenile Crime between the folks of 16-18
years. Besides the large proponents, there are some child activists, who criticized this Act on many
grounds: initial, stating it to be retributive not useful the introduction of the New Juvenile Justice
(care and Protection of children), 2015, has introduced variety of the exceptional changes within
the prevailing Juvenile Law. One in each of such major changes is, juvenile archaic cluster of
sixteen to eighteen are to be tried like an adult. Also, the one UN agency has attained the age of
twenty one whereas in sentence are send to the jail for remainder of the time span. However, of
those decisions are taken by the Juvenile Justice Board. This paper has highlighted on varied
controversial issues regarding new Juvenile Justice Act with special relevancy the views of various
activists. Beside this, the paper has focused on the anticipated scenario which can arise once the
New Juvenile Justice Act, 2015 are browse with Protection of children from Sexual offences Act,
2012 and Prohibition of child wedding Act, 2006.

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 CHAPTER 5
JUVENILE JUSTICE BOARD

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 JUVENILE JUSTICE BOARD

1 Notwithstanding anything contained in the Code of Criminal Procedure, 1973,.(2 of 1974)

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.

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 5.     The appointment of any member of the Board may be terminated after holding inquiry, by
the State Government, if -

              i.        The child has been found guilty of misuse of power vested under this Act

    ii.        The child has been convicted of an offence involving moral turpitude, and such
conviction has not been reversed or has not been granted full pardon in respect of such
offence.

            iii.        The child fail to attend the proceedings of the Board for consecutive three months
without any valid reason or he fails to attend less than three-fourth of the sittings in a
year.

 Powers of Juvenile Justice Board.-

1. Where a Board has been constituted for any district, such Board shall, notwithstanding
anything contained in any other law for the time being in force but save as otherwise
expressly provided in this Act, have power to deal exclusively with all proceedings under
this Act relating to juvenile in conflict with law.

2.     The powers conferred on the Board by or under this Act may also be exercised by the
High Court and the court of Session, when the proceedings comes before then in appeal,
revision or otherwise.

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 CHAPTER 6
TREATMENT OF JUVENILES IN INDIA

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 Treatment of juveniles in India

juveniles in conflict with law are subject to the same substantive law as are adult
criminals, but their treatment is different. The juvenile justice system focuses on future welfare of 
the juvenile rather than stressing on punishment for past misdemeanours. As reformation and
rehabilitation is the basic intent of the juvenile justice system, on being satisfied, after inquiry, that
a juvenile in conflict with law has committed an offence, the JJB is required to pass orders
that adhere to the spirit of juvenile legislation. Majority of the juveniles adjudged delinquent by
JJBs are released on probation to the care of a parent or guardian. Release of
a juvenile on probation of good conduct allows him to serve his sentence in family setting,
sometimes under the supervision of the P.O. It has been internationally documented that
incarceration of a juvenile in a detention facility should be resorted to only in exceptional cases
and for a minimal period. Only during absence of parents or guardian, or when the parent or
guardian are not found fit to be given the care of the juvenile, or when non-institutional modes of
disposition could cause physical or psychological danger to the juvenile, that the juvenile should
be institutionalized.

 Any organization that has a suitable programme and is willing to take responsibility of the juvenile
may be given the charge of a juvenile if the JJB believes that such programme will aid in there
habilitation of the juvenile. It is only in rare cases that a juvenile may be confined in a place of
safety instead of a Special Home. This rare case is a situation where the juvenile has
attained the age of 16 years and the offence committed is of a serious nature or the juveniles
conduct is improper.
It must also be noted that not every juvenile who has committed murder or rape is to be
kept in a place of safety. Incarceration in a place of safety should be ordered only if it
would be dangerous to keep the juvenile with other juveniles because of the peculiar nature
of the offence committed or the behavior of the juvenile. Further, any order passed by the
JJB may be challenged in appeal before the Sessions Court within thirty days of the passing
of the order.
Sentencing juvenile offenders to death is prohibited by international law. Article 37 of the
Convention on the Rights of the Child states that “

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State parties shall ensure that: Neither capital punishment nor life imprisonment without possibility
of release shall be imposed for offences committed by persons below the age of eighteen years of
age.”
I would like to raise a question here that are those juvenile who commit heinous offences of
murder and rape are also not to be treated equal to adults and thus no grave punishment has to be
granted to them? Is it the physical age that matters in determining the punishment and not the
mental age of an individual?

The Juvenile justice (care and protection) Act, juveniles are those who has not attained the age of
18 years. There is a juvenile justice system that treats juveniles differently than adults because our
society believes juveniles are different from adults, both in terms of level of responsibility and
potential for rehabilitation. Although there is concern with public safety and holding juvenile
offenders accountable for their actions, there is greater emphasis on rehabilitation than on
punishment in the juvenile justice system. “Rehabilitation” means to restore someone to a useful
life through therapy and education. For example, a juvenile who commits an offense may be
required to participate in counseling or a program to help him or her make better decisions in the
future. But in the light of the present scenario does the “Rehabilitation” really leads to a
reformation in the child? In spite of the presence of the welfare laws for juveniles, there is a rise in
the number of Juvenile offenders across the country. Juveniles are sent to the rehabilitation center
in order to make their future better. For this purpose, rehabilitation center are made so that special
care and protection can be given to these children and it is assumed that they will return back as a
reformed person.
Children develop the nation's precious human resources. The future accomplishment of the nation
depends on upon how its children perform and execute. The great poet Milton said, "Youth Shows
the man as morning presentations the day". So it is the devotion of the general masses to deal with
every pre-adult with a point of view to ensuring full advance of its personality. Children are the
future controllers and light bearers of the Society: they are the units of our understanding, social
legacy, conviction structures, and rationalities.

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Children are genuinely future parts as sensational instructors, specialists, judges, rulers, powers,
coordinators, engineers, politicians on whom the entire society set up (rests). Disastrously a broad
number of children are obstructed from securing their childhood and right to bearing and thereby
they are subjected to exploitation, misuse, and abuse. Child labor is a complex wealth related issue.
In a country where a large number children go to bed hungry, without having a single full dinner
of the day, total end of child labor by the basic legal arrangement of activity can never be said to
be a sensible recommendation. It may cover the disquietude yet can't cure it. Samuel Johnson
opined that, "Desperation is a remarkable adversary to human fulfillment; it certainly destroys
flexibility, and it makes a couple of Excellence impracticable and others to an extraordinary degree
troublesome".

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CHAPTER 7
CONCLUSION

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 Conclusion

Before claiming an amendment, we must think of those unfortunate juveniles who may have
committed certain offences in compelling circumstances. Also, though an amendment is sought,
there is no defined parameter to treat an offence as heinous or grave. Those demanding a change
must first seek to define the particular offences for which such amendment is sought. Therefore,
either extreme is not desirable. A delicate balance must be struck as per which most juveniles, as a
general rule, are required to be treated in a more humane manner, but in some rarest of the rare
cases of heinous and grievous offences deliberately committed by a juvenile, he may be subjected
to prosecution and punishment under the normal criminal laws of the country. The response to
juvenile crime has to be fair, age-appropriate and in keeping with development psychology. Any
amendment to existing law requires in-depth understanding of the jurisprudence, philosophy and
impact of the current law. Amending the law as a reaction to the countywide outrage against one
juvenile may not serve the purpose as it might affect those other hundreds who are rightfully
entitled to the juvenile justice system already prevailing in the country. Thus what is required
isa balanced and thoughtful approach wherein the juveniles who have the mental capacity tocommi
t grave offences must be punished with exemplary punishments, while those others committing
petty offences and not possessing the mental capacity to do so must be brought under the veil of
juvenile justice system and efforts must be made to rehabilitate them.

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