Juvenile Justice System in India: How it Works

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Introduction

The Juvenile Justice System in India is a specialized legal framework designed to address offences committed by individuals under the age of 18. Rather than focusing on punishment, the system emphasizes reform, rehabilitation, and reintegration of juveniles into society. This approach acknowledges that children and adolescents are still developing emotionally and mentally, and they deserve a second chance to correct their behavior.

In this article, we explore the working of the juvenile justice system in India, its evolution, key provisions, and the role of various stakeholders in protecting the rights of children in conflict with the law.

Who is a Juvenile?

Under Indian law, a juvenile or child is any person below the age of 18 years. The distinction between juvenile and adult offenders is important because the law treats them differently in terms of legal procedures, punishments, and rehabilitation processes.

Legal Framework: The Juvenile Justice Act

The primary legislation governing juvenile justice in India is the Juvenile Justice (Care and Protection of Children) Act, 2015. This Act replaced the earlier Juvenile Justice Act of 2000.

Key Objectives of the 2015 Act:

• To ensure proper care, protection, and treatment of children in conflict with the law.
• To provide for rehabilitation through child-friendly approaches.
• To adopt a restorative justice model rather than retributive punishment.

Categories of Children Under the Act

The Act classifies children into two broad categories:

• Children in Conflict with Law (CCL): These are children who have allegedly committed an offence under the law.
• Children in Need of Care and Protection (CNCP): These are children who are vulnerable due to neglect, abuse, exploitation, or loss of family support.

Salient Features of the Juvenile Justice Act, 2015

• Age of Criminal Responsibility: The Act retains 18 years as the age of juvenility. However, it introduces a significant change: in the case of heinous offences (those punishable with more than 7 years of imprisonment), children between 16 to 18 years may be tried as adults if the Juvenile Justice Board finds them mentally and physically capable of understanding the nature of the crime.
• Heinous, Serious, and Petty Offences: 
  • Petty Offences: Punishable with imprisonment of up to 3 years.
  • Serious Offences: Punishable with 3 to 7 years of imprisonment.
  • Heinous Offences: Punishable with more than 7 years of imprisonment.
• Juvenile Justice Board (JJB): Every district has a JJB consisting of a Metropolitan or Judicial Magistrate and two social workers (including at least one woman). The JJB handles all inquiries and trials of juveniles in conflict with the law.
• Child Welfare Committee (CWC): The CWC is responsible for dealing with CNCP cases. It ensures proper care, protection, and rehabilitation of children found in vulnerable conditions.
• No Death Penalty or Life Imprisonment Without Remission: No child, regardless of the offence, can be sentenced to death or life imprisonment without the possibility of release.
• Procedure When a Child Commits an Offence: 
  • Step 1: Apprehension: If a child is found to have committed an offence, they are not arrested like an adult. Instead, they are apprehended and brought before the Juvenile Justice Board within 24 hours.
  • Step 2: Preliminary Assessment (For Heinous Offences): If the child is between 16 and 18 years and accused of a heinous crime, the JJB conducts a preliminary assessment to decide whether the child should be tried as an adult. Factors considered include:
    • Mental and physical capacity 
    • Ability to understand the consequences of the offence
    • Circumstances of the offence
  • Step 3: Inquiry by JJB: For all other offences, the JJB conducts an inquiry rather than a trial. The proceedings are informal and confidential. Legal assistance and psychological counselling are provided to the child.
  • Step 4: Orders Passed: The JJB may pass orders such as:
    • Releasing the child after advice and counselling
    • Sending the child to a Special Home for a period not exceeding 3 years
    • Community service
    • Participation in rehabilitation programs
• Role of Rehabilitation and Reformation: The main goal of the juvenile justice system is reformation, over punishment. Children are considered capable of change, and the system encourages: 
  • Counselling and therapy
  • Vocational training and education
  • Foster care and adoption (in some CNCP cases)
  • Restorative justice practices, such as making the child understand the impact of their actions and encouraging accountability

Children are often placed in Observation Homes, Special Homes, or Fit Facilities, depending on their needs.

• Child Welfare Committees (CWCs): For children who are abandoned, abused, or in need of protection, the CWC plays a crucial role. Their responsibilities include: 
  • Ensuring temporary shelter and care 
  • Ordering rehabilitation through foster care, sponsorship, or institutional support 
  • Declaring a child legally free for adoption (if needed)
• Criticism and Concerns: While the 2015 Act strengthened the juvenile justice system, it has faced criticism: 
  • Trying 16–18-Year-Olds as Adults: This provision was introduced after the 2012 Delhi gang rape case, where one of the accused was a juvenile. Critics argue that it contradicts the principle of reform and may lead to harsh treatment of minors.
  • Implementation Challenges such as a lack of trained personnel in JJBs and CWCs, poor infrastructure in child care institutions, and inconsistent application of child-friendly procedures. 
  • Stigmatization: Children in conflict with the law may face long-term stigma, making reintegration into society difficult.

Conclusion

The juvenile justice system in India is a progressive legal framework that prioritizes the welfare and rehabilitation of children in conflict with the law. While the law provides a strong foundation, effective implementation, proper infrastructure, and societal support are critical to ensuring that juvenile offenders are given a genuine chance at reformation. As a society, it's important to remember that every child, even one who has strayed, deserves the opportunity to grow, learn, and lead a dignified life.