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LETTER FROM THE EXECUTIVE BOARD

Dear Prospective Members,

On behalf of the Executive Board, we extend a warm welcome to all of you and congratulate you on your
participation in M.G.D. Girls’ School Intra MUN 2024.

The focal point of our committee (All India Political Parties Meet) this year will be the "Juvenile Justice
System of India, with reference to the Juvenile Justice Act of 2021." This agenda is not merely an academic
exercise but a pressing issue that demands innovative solutions amidst complex political and societal
landscapes.

We encourage you to approach this topic with fresh perspectives and original ideas. While acknowledging the
inherent political and ideological limitations, we challenge you to think beyond conventional solutions. Your
ability to navigate these nuances with astute political analysis will be crucial.

This introductory guide aims to provide a foundational understanding of the issue. However, we emphasize
that your research should transcend the provided framework. Explore related issues, consider diverse
viewpoints, and critically analyze the current state of the Juvenile Justice System in India.

Unlike traditional committees, our board will actively engage in substantive discussions throughout the
conference. Your participation and contributions will be pivotal in shaping meaningful dialogue and
actionable outcomes.

Please note that this guide serves as a background resource and may not cover all aspects comprehensively.
We invite you to expand your research ambitiously, seeking deeper insights and proposing innovative
solutions to the challenges faced.

We look forward to your proactive engagement and insightful contributions during M.G.D. Girls’ School
Intra MUN 2024.

Warm regards,

Chair: Swasti Khangarot (98290 23048)

Vice-chair: Rashi Goyal (81144 78061)

Rapporteur: Ayati Poonia (8005915314)

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PROOFS/EVIDENCE IN COMMITTEE

1. Government Reports (Each ministry publishes its own reports including External Affairs

Ministry)

2. Government Websites

3. Government run News channels i.e. RSTV, LSTV, DD News

4. Standing Committee Reports

5. RTI Proofs

NOTE: Under no circumstances will sources like Wikipedia (http://www.wikipedia.org/), AI tools etc. be
accepted as PROOF/EVIDENCE. But they can be used for better understanding of any issue or even be
brought up in debate if the information given in such sources is in line with the beliefs of a Government.

Note: Please note that nothing mentioned in this background may be used as an established fact in committee
without the presentation of a credible source and substance mentioned henceforth may act only as a source for
your basic understanding of the agenda.

This is just a list of topics you should cover and is a reflection of the direction in which we intend to see
the flow of debate in the committee.

For any further queries kindly feel free to contact the Executive Board Member of the respective committee
through the contact numbers mentioned above.
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Agenda: Juvenile Justice System of India, with reference to the Juvenile Justice
Act of 2021

INTRODUCTION

A Juvenile can be defined as a child who has not attained a certain age, at which, like an adult, under the law
of the land, can be held liable for his/her criminal acts. The term juvenile justice emerged from the Latin
word “juvenis”, which means “Young”, hence a juvenile justice system is one that is specially established for
the young.

Juvenile justice is a system of law that is intended to protect and promote the human rights of all young
people. It is a branch of law that deals with minor / under-aged persons who have been accused of offences or
who are neglected or abandoned by their parents / guardians. It is more concerned with the rehabilitation of
its charges than is adult criminal justice. In the context of juveniles accused of offences, termed as juveniles in
conflict with the law, international standards emphasize the importance of prevention as well as rehabilitation.
International standards recognize “the right of every child alleged as, accused of, or recognized as having
infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity
and worth.”

Juvenile justice policy in India is largely governed by the constitutional mandate given under Article 15 that
guarantees special attention to children through necessary and special laws and policies that safeguard their
rights. The policy is also founded on the constitutional guarantees such as the right to equality, protection of
life and personal liberty and the right against exploitation (enshrined in Articles 14, 15, 16, 21, 23 and 24).
The juvenile justice system in India considers the appropriate course of action for two groups of children:
those who are “in disagreement with the law” (a person under the age of 18 who is accused of committing an
offence) and those who are “in need of care and protection” (children from underprivileged and marginalised
sections of society along with those with distinct requirements as well as vulnerabilities).

EVOLUTION OF THE JUVENILE JUSTICE SYSTEM IN INDIA

The Juvenile Justice System in India has witnessed significant evolutionary stages throughout its history,
reflecting a growing understanding of the nuanced needs of young offenders.

 In 1920, a pivotal step was taken with the establishment of the first juvenile court in Bombay (now
Mumbai) under the ambit of the Children Act of 1920. This marked recognition that individuals
below 16 years required distinct safeguarding and nurturing, culminating in the establishment of a
separate judicial framework dedicated to addressing juvenile transgressions.

 The watershed moment arrived in 1986, when the Juvenile Justice Act replaced the Children Act of
1920. This transformative legislation acknowledged that juveniles in conflict with the law weren’t
conventional criminals but rather individuals in need of both care and protection. The novel concept
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of a Juvenile Welfare Board emerged to oversee the execution of the Act, alongside the creation of
observation homes to provide provisional shelter to youngsters awaiting legal proceedings.

 Another pivotal amendment occurred in 2000, aligning the Juvenile Justice Act with the principles of
the United Nations Convention on the Rights of the Child. This revision raised the age of juvenile
delinquency from 16 to 18 years, emphasizing rehabilitation and the seamless reintegration of
juvenile offenders into society.

 The year 2015 had another significant amendment following a high-profile case involving a juvenile
perpetrator implicated in the brutal rape and murder of a young woman in Delhi in 2012 (known
popularly as the Nirbhaya case). This amendment introduced a nuanced provision: juveniles aged 16
to 18 could be tried as adults for heinous crimes like rape and murder. Nonetheless, the overarching
idea of rehabilitation and reintegration stayed for all other offenses.

 The 2021 amendment shows India’s dedication to making the juvenile justice system stronger. This
amendment brought in provisions for foster care and the adoption of children in dire need of care and
protection. Additionally, it bolstered measures intended for the holistic rehabilitation and social
reintegration of juvenile wrongdoers. Moreover, it elevated the roles of both the Juvenile Justice
Boards and Child Welfare Committees in the decision-making process.

JUVENILE JUSTICE (Care & Protection of children) Act,1986

The Juvenile Justice Act,1986 was the first act regarding the care and protection of children which was
uniform all over the country. While it retained the scheme and primary features of The Children Act,1960.
The age of the juvenile remained the same as it was mentioned in the Children Act, 1960. The new feature
which was introduced under this act was that the juveniles were divided into two broad categories: (a)
Delinquent Juveniles (b) Neglected Juveniles. Both the children were to be kept in “Observation Homes” as
long as their inquiries are pending.

The Juvenile Justice (Care & Protection) Act, 1986 was replaced by Juvenile Justice (Care & Protection) Act,
2000 because the previous act did not provide the wider scope on “Delinquent Juveniles” and “Neglected
Juveniles”.

JUVENILE JUSTICE (Care & Protection) Act, 2000.

The Juvenile Justice Act,2000 provides two main broad categories named as “child in conflict with law” and
“child in need of care and protection” which the JJA,1986 failed to do. It lays down that the “child in conflict
with law” must be kept in observation homes and “child in need for care and protection” must be kept in the
children home during the pendency of their proceedings.

A revolutionary change made by the JJA, 2000 is the establishment of Children’s Court known as Juvenile
Justice Board (JJB). It constituted of a bench of one Magistrate and two social workers.

Juvenile Justice Board has the jurisdiction to decide:

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 Determination of the age of a juvenile.

 Grant of bail.

 To determine whether the child has committed the alleged offence or not.

 To pass the appropriate orders regarding the same.

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. 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 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 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 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 lip service because there are no guidelines mentioned regarding the training of the police.

JUVENILE JUSTICE (Care and Protection of Children Act) 2015

This Act came into force on January 15, 2016 replacing The Juvenile Justice (Care and Protection of
Children) Act, 2000. The Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter “the Act”)
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was enacted to consolidate and amend the law relating to children alleged and found to be in conflict with law
and children in need of care and protection and to adhere to the set of standards in the best interest of children,
prescribed in The Convention on the Rights of the Child, adopted by the General Assembly of United
Nations, to which the Government of India acceded on 11th December, 1992.

OBJECTIVE:

 To provide a framework for the care, protection, treatment, development and rehabilitation of
children in need of care and protection.
 To protect the rights of children who are in conflict with the law and ensure that they are treated in a
manner that is consistent with the principles of justice, dignity, and reformation.
 To promote the rehabilitation and social reintegration of children who are in conflict with the law and
to prevent them from becoming repeat offenders.
 To establish specialized institutions and mechanisms for the care, protection, treatment, and
rehabilitation of children in need of care and protection or who come in conflict with the law (Child
Welfare Committees and Juvenile Justice)

Definitions:

 This Act classifies Children into “children in conflict with law” & “children in need of care and
protection”. The Act defines:
 “Child” a person who has not completed eighteen years of age;
 “Children in conflict with law” is defined as a child who is alleged or found to have committed an
offence and who has not completed eighteen years of age on the date of commission of such offence;
 “Children in need of care and protection” is defined as a child who meets certain criteria, including
being found without a home or means of subsistence, engaging in illegal labor, living on the streets or
begging, residing with an abusive guardian, being at risk of drug abuse or trafficking, facing
unconscionable exploitation, suffering from incurable diseases or disabilities, being a victim of armed
conflict or natural disasters, or being at risk of early marriage.

JUVENILE JUSTICE ACT, 2015: LIMITATIONS AND GAPS

The amended JJA also has certain negatives associated with it.

1. Many psychological studies point out the vulnerability of the 16 – 18 age group children because of
hormonal and physical changes. Considering offences committed in this age as crimes and putting
them in adult jails can cause further damage. In such environs, the minor will come into close contact
with professional criminals, which can hamper their rehabilitation.
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2. India ratified the UN Convention on the Rights of the Child in 1992. According to this Convention,
any individual below the age of 18 is to be treated like a child. This is in contravention of the
amended law that gives provisions for treating 16 – 18 year-olds like adults.

3. The argument to include 16 – 18-year-old minors in a special bracket was based on the data from the
National Crime Records Bureau (NCRB). This data is itself questioned by many, and also, many of
the cases were in the FIR stage and under preliminary proceedings only.

4. Most children who commit crimes are from the economically weaker sections of society. In order to
reduce crime among children, there is a need to provide a better environment for the nurture of
children who grow up in slum areas. Also, there is a need to foster a culture of open communication
between parents and children among all classes.

5. Prevention is better than cure. There is a need to ensure that children do not turn to crime at all, in the
first place. Also, minors who do get into crime should be held accountable depending on the
circumstances. Rehabilitation is of utmost importance to prevent children in conflict with the law
from becoming future liabilities to society.

JUVENILE JUSTICE (Care and Protection of Children Act) 2021

The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 was introduced to amend the
Juvenile Justice Act, 2015. The bill was passed in the Rajya Sabha on July 28, 2021 and aimed to address
issues with the previous act. The bill's amendments included:

Key Features

 Adoption: Under the Act, once prospective adoptive parents accept a child, an adoption agency files
an application in a civil court to obtain the adoption order. The adoption order issued by the court
establishes that the child belongs to the adoptive parents. The Bill provides that instead of the court,
the district magistrate (including additional district magistrate) will perform these duties and issue all
such orders.

 Appeals: The Bill provides that any person aggrieved by an adoption order passed by the district
magistrate may file an appeal before the Divisional Commissioner, within 30 days of such
order. Such appeals should be disposed within four weeks from the date of filing of the appeal. The
Act provides that there will be no appeal for any order made by a Child Welfare Committee
concluding that a person is not a child in need of care and protection. The Bill removes this
provision.

 Serious offences: The Act provides that the Juvenile Justice Board will inquire about a child who is
accused of a serious offence. Serious offences are those for which the punishment is imprisonment
between three to seven years. The Bill adds that serious offences will also include offences for which
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maximum punishment is imprisonment of more than seven years, and minimum punishment is not
prescribed or is less than seven years.

 Designated Court: The Act provides that offences against children that are punishable with
imprisonment of more than seven years, will be tried in the Children’s Court (equivalent to a Sessions
Court). Other offences (punishable with imprisonment of less than seven years) will be tried by a
Judicial Magistrate. The Bill amends this to provide that all offences under the Act will be tried in
the Children’s Court.

 Offences against children: The Act provides that an offence under the Act, which is punishable with
imprisonment between three to seven years will be cognizable (where arrest is allowed without
warrant) and non-bailable. The Bill provides that such offences will be non-cognizable and non-
bailable.

 Child Welfare Committees (CWCs): The Act provides that states must constitute one or more
CWCs for each district for dealing with children in need of care and protection. It provides certain
criteria for the appointment of members to CWC. For instance, a member should be: (i) involved in
health, education, or welfare of children for at least seven years, or (ii) a practising professional with
a degree in child psychology, psychiatry, law, or social work. The Bill adds certain criteria for a
person to be ineligible to be a member of the CWC. These include: (i) having any record of violation
of human rights or child rights, or (ii) being a part of the management of a child care institution in a
district.

NIRBHAYA CASE

The Nirbhaya Case (Mukesh v. State NCT of Delhi), involved the gang rape and the murder of a paramedical
student in New Delhi in December 2012. One of the accused in the case was 17 years old at the time of the
commission of the crime. Thus, owing to juvenile laws at that time, the teenager was not awarded severe
punishment in comparison to other rapists. Other rapists were awarded death sentences.

He was the 5th person to commit the heinous crime of gang rape and murder of a 23-year-old girl. The report
by the Juvenile Justice Board had no evidence on record to showcase him as the most brutal person to commit
the crime. Therefore, he was released after spending 3 years in the reformation home. The juvenile’s case was
the most controversial case because of the heinous crime committed by him and the punishment which the
Indian legal system provides to juveniles. Therefore, people raised the demand to consider the juvenile rapist
as an adult in the case since it was a heinous crime.
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In 2015, intelligence officials suspected the juvenile getting radicalised as he shared his cell with another
juvenile who was involved in the Delhi High Court blast. Therefore, intelligence officials also kept this in
mind while considering the case of this teenager involved in Delhi gang rape. In November 2015 a month
before he was going to be released Nirbhaya’s family demanded that the juvenile’s identity should be made
public but his identity was never released and despite massive public outcry he was released from the
correction home after 3 years.

So, this is how the Judiciary functioned in the Nirbhaya case, which is regarded as the most heinous rape in
the history of India. The massive outcry led to changes in laws levied on children in conflict with the law in
2015. Later, Lok Sabha passed the Juvenile Justice (Care and Protection of Children) Act, stating that
children between the ages of 16-18 years could be treated as adults if accused of committing heinous crimes.

NOTE: We expect delegates to present more than mentioned in the background guides like data,
facts, cases, reports etc. We have not given any solution to this complex phenomenon because if we
do so we would be limiting your creativity. So, now as Politicians and Public Servants the onus lies
on your shoulders to find solutions to this complex phenomenon. Hoping to see you come up with
creative and feasible solutions.