What is Juvenile Justice in India?
Juvenile Justice in India refers to the legal provisions and framework for dealing with children who have committed crimes. The Indian government has established laws and regulations to address the specific needs of juveniles, as children cannot be punished in the same manner as adults. The primary legislation that governs juvenile justice in India is the Juvenile Justice (Care and Protection of Children) Act 2015.
This act defines a child as anyone who has not completed 18 years of age. The Act repealed the Juvenile Justice Act, 2000 and provides for the functions, serious penalties, and roles of the Juvenile Justice Board (JJB) and the Child Welfare Committee (CWC) in addressing juvenile crimes. The JJB is responsible for determining whether a child should be sent to a rehabilitation center or to a special home, while the CWC is responsible for ensuring that the child is placed in a suitable foster or adoption home.
One of the key features of the Act is its provision for heinous offences, where it states that in case of a heinous offence committed by a child who is above 16 years of age, the JJB shall conduct a preliminary assessment to determine the child’s mental and physical capacity to commit the offence, their ability to understand the consequences of the offence, and the circumstances in which the offence was committed. Based on this assessment, the JJB can transfer the case to a Children’s court for further proceedings.
Furthermore, the Act also has a section on adoption-related provisions, penalties and processes. The Act deals with the process and procedure to convict an orphan or abandoned child, which lies with the Central Adoption Resource Authority. Chapter VIII of the Act deals with the Adoption related provisions, penalties and processes.
The Act was amended in the wake of the 2012 Nirbhaya rape case, where one of the perpetrators was a juvenile. The amendment provided for more severe punishment for heinous crimes committed by children above the age of 16. The amendment was made after several protests and appeals from the public and legal experts, demanding stricter punishment for juvenile criminals.
Key Aspects of the Juvenile Justice (Care and Protection of Children) Act, 2015
Amended Definition:
The Juvenile Justice Act, 2015 has enhanced the meaning of “child in need of care and protection” in Article 3. The definition now includes children who work as laborers, are at risk of early marriage, are being exploited or abused, or are under the care of unfit parents or guardians.
Changes in the Inquiry Process:
The amendment also made changes to the Child Welfare Committee’s role in cases of children in need of care and protection. The inquiry process was changed to give more power to the Child Welfare Committee. Additionally, the act replaced the word “arrest” with “offence”.
Classification of Offences:
The act classifies the offences committed by children into three categories: Petty offences, which have a prison sentence of less than three years under the IPC or any other Indian law; Serious offences, which have a prison sentence of 3-7 years; and Heinous offences, which have a prison sentence of more than seven years under the IPC or any other Indian law. If a child above the age of 16 commits a heinous crime, they may be tried as an adult and held in custody until they reach the age of 21, after which they will be convicted as an adult.
Provisions for Offences against Children:
Chapter IX of the act is dedicated to discussing offences against children. Chapter VIII deals with the provisions related to adoption. The act also includes a new provision for public awareness and protection in the implementation of the act.
Applicability and Supremacy of the Juvenile Law
The Juvenile Justice (Care and Protection of Children) Act, 2015 lays out the comprehensive legal framework for addressing issues related to children in conflict with the law or in need of care and protection. Section 1(4) of the act stipulates that the provisions of the act are applicable to all matters concerning children who are in need of care and protection, children who are in conflict with the legal system, such as those under prosecution or imprisonment, and also guarantee that these children have the right to access benefits such as adoption, rehabilitation and other forms of care.
The act has a wide range of applicability, as it supersedes all other criminal laws pertaining to children in India. This has been established through judicial precedents like in the case of Arjit Singh vs. Union of India, where it was held that the Juvenile Justice Act had an overriding effect on laws such as the Army Act, even in cases involving juvenile offenders who were in the armed forces.
Handling Children in Conflict with the Law under the Juvenile Justice Act, 2015
The Juvenile Justice Act, 2015, in sections 10 to 26, outlines the procedures and processes for dealing with children who commit offences. Section 10, entitled “Apprehension of children in conflict with the law,” ensures that children who are suspected of committing a crime, but not yet proven guilty, are placed in safe custody rather than in jail, and are not treated roughly by police officials.
The act classifies offences committed by children into three categories: petty offences, serious offences, and heinous offences. Section 2(45) defines petty offences as those with a maximum punishment of three years’ imprisonment under the Indian Penal Code (IPC); serious offences have a punishment of three to seven years under the IPC; and heinous offences have a punishment of more than seven years under the IPC. The procedure for investigating these crimes and determining penalties is laid out in sections 14, 45, and 54 of the act, respectively.
Section 15 of the act provides for a preliminary assessment of the mental and physical capacity of a child above 16 years of age to commit a heinous crime. If the child is found to be capable of committing the crime, the case will be transferred to a Children’s Court. If the child is under 16 years of age, the case will be discharged by the Juvenile Justice Board.
The act also lays out specific penalties for offences committed against children, such as cruelty (Section 75), buying or selling a child (Section 81), and employing children for begging (Section 76). Additionally, the act provides penalties for failure to comply with its provisions such as failing to disclose information (Section 34), failure to register a child care institution (Section 42)