A discussion on the Juvenile Justice (Care and Protection of Children) Act.
Children are not little adults rather they are persons who are still learning and developing. This distinction has found a place in the Indian legal system especially in terms of their treatment of children who are living in conflict with the law, or children who need care and protection.
In India the Juvenile Justice (Care and Protection of Children) Act, 2015 is the key act in India that deals with juvenile justice. It is zeroed in on rehabilitating children as opposed to punishing them and it is believed that all children are allowed two chances in life. Nevertheless, the system still has problems of enforcement, infrastructure, and social attitudes.
This blog explains the rights entitled to the juveniles, major reforms that were brought to the Act and issues that still remain to be addressed to provide justice that is in favour of children and is child-friendly in India.
WHO IS A JUVENILE?
In terms of the Act:
- A juvenile or a child is termed as a person who is younger than 18 years.
- The Act divides children into:
- Children in Conflict with Law (CCL) are persons accused of a crime.
- Children in Need of Care and Protection (CNCP) - abandoned, orphaned, trafficked or abused children, etc.
KEY RIGHTS OF JUVENILES UNDER THE LAW.
1.Right to Be Treated as a Child.
Juveniles are entitled to special treatment that considers their age, maturity, and psychological development.
2.Right to Legal Aid and Representation.
Free legal services are guaranteed under the Legal Services Authorities Act, 1987.
3.Right to Privacy.
Juveniles’ identities are protected; publishing names or photos is strictly prohibited.
4.Right to Rehabilitation.
Instead of jail, children are sent to Observation Homes or Special Homes that focus on reform.
5.Right to Education and Skill Development.
The law ensures access to education and vocational training during the rehabilitation process.
MAJOR REFORMS UNDER THE 2015 ACT.
The Juvenile Justice Act, 2015 replaced the earlier 2000 law, bringing several significant changes:
1. Trial of Heinous Offences by Young Persons of 16- and 18-Years Old
When a child aged between 16-18 years commits a heinous offence (should be punishable with more than 7 years) the Juvenile Justice Board (JJB) can carry out a psychological evaluation of the mental capacity of the suspect and to decide that whether they should be tried as an adult.
2. Facilitated Adoption Procedures
Through the Act, an improved method of adoption under the stewardship of Central Adoption Resource Authority (CARA) is ushered in through an efficient legal mechanism.
3. Juvenile justice boards (JJBs)
Established at district level, these quasi-judicial in nature, deal with children in conflict with the law with speedy and sensitive trials.
4. Child Welfare Committees (CWCs)
The CWCs are also located in each and every district in the country and handle the children in need of care and protection with special emphasis on placement, counselling and rehabilitation.
5. Anti-child abuse and Child trafficking Provisions
The Act grants legitimacy to the state to take enactment measures against a person, an organization or a custodian who usurps or mistreats children.
CHALLENGES IN IMPLEMENTATION.
1.Lack of Infrastructure
Observation Homes and Child Care Institutions (CCIs) often suffer from poor conditions, inadequate staffing, and lack of proper educational or medical facilities.
2.Shortage of Trained Personnel
There is a serious gap in the availability of trained child welfare officers, counsellors, and JJB members.
3.Lack of skilled human resources
It is a severe shortage of trained child welfare officers, counsellors’, and members of JJB.
4.Uneven State-to-State Application
States have different levels of preparedness and dedication in the implementation of the Act leading to inconsistent protection of the children.
5.Societal Ignorance and Shame
When children engage in crimes, there is a stigma that they cannot be changed and therefore they can only be reformed in minor crimes. This is against the rehabilitation spirit.
6.Backlog of Trials and Rehabilitation
Rehabilitation is incessant or inefficiently carried out due to delays in the court, insufficient timely assessment, and poor follow-up.
LEGAL BACKINGS AND CONSTITUTIONAL SUPPORT.
The Juvenile Justice Act is reinforced by the following legal and constitutional provisions:
- Article 15(3) – Allows special laws for the protection of children.
- Article 39(e) & (f) – Directs the State to ensure that children are not abused and are given facilities for healthy development.
- Article 21 – Guarantees the right to life and personal liberty, interpreted to include the right to dignity and protection.
1. Indian Penal Code (IPC), 1860 – Section 82 & 83
- Section 82: A child below 7 years is presumed to have no criminal intent and cannot be held criminally liable.
- Section 83: A child aged 7 to 12 years may not be held responsible unless it is proved they had sufficient maturity to understand the consequences.
2. Code of Criminal Procedure (CrPC), 1973
- Section 27: States that offences committed by persons under 16 years should be tried by Juvenile Courts (now Juvenile Justice Boards).
- Section 437: Allows for bail of juveniles even in non-bailable offences, unless it’s against the child’s best interest.
3. Indian Evidence Act, 1872
- Courts must consider the age and mental development of a child witness, and their testimony must be evaluated accordingly.
- Also protects juveniles during evidence collection and trial stages, especially when accused.
FAQs
Q1. Can a 17-year-old be tried as an adult in India?
Yes, if they are accused of a heinous offence and the Juvenile Justice Board finds they had the mental maturity to understand the consequences of their actions.
Q2. What is a heinous offence under this law?
Any offence punishable with 7 years or more (e.g., murder, rape, armed robbery).
Q3. Are juvenile records kept confidential?
Yes. Their identity is protected and cannot be disclosed, even after conviction.
Q4. Is life imprisonment or death penalty allowed for juveniles?
No. Juveniles cannot be sentenced to life without parole or death, even if tried as adults.
Q5. Can a child be sent to jail for committing a serious crime?
No, a child cannot be sent to a regular jail. Even if found guilty of a serious or heinous offence, the child is placed in a Special Home or Place of Safety until the age of 21. If the Juvenile Justice Board decides to try a 16–18-year-old as an adult for a heinous crime, they may be transferred to an adult facility only after turning 21, and only if further detention is necessary. The focus remains on reform and rehabilitation, not punishment.
CONCLUSION.
In India, juvenile justice finds itself in a thin line between penalising and understanding. Although it is of essence to ensure that children know the consequences of their actions, the law also cites that children need to be given an opportunity to reform, rehabilitate and reintegrate in the society.
The Juvenile Justice Act 2015 is quite progressive however needs to be implemented all the time, the necessary infrastructure needs to be provided and the attitude is to change to reach its objective. No child should be left without a second chance not because they are a child but because justice can never be inhuman and that is exactly when applied to a growing child still developing into it.
