Source: - The Hindu 

Introduction 

A tragic incident in Pune involving a speeding car allegedly driven by a teenager resulted in the death of two young techies, sparking public outrage and debates about juvenile justice. The case highlights the tension between the rehabilitative approach of the Juvenile Justice Act and public demands for accountability in severe offenses committed by minors. This incident raises questions about the effectiveness of the juvenile justice system in addressing serious crimes and the appropriate balance between rehabilitation and punishment for young offender 

What Changes did the 2021 Amendment Bring to Offense Classification? 

• The Juvenile Justice Act allows for trying adolescents over 16 as adults for "heinous" offenses (minimum punishment of 7+ years), but not for less severe crimes like culpable homicide or death by negligence.  
• The Act emphasizes rehabilitation over punishment, recognizing adolescence as a developmental stage with immature judgment.  
• This approach is supported by the Supreme Court and international standards, acknowledging adolescents' capacity for change due to high neuroplasticity.  
• The process involves careful assessment by the Juvenile Justice Board and potentially a sessions court before an adolescent can be tried as an adult. 

How does the Juvenile Justice System Prioritize Rehabilitation Over Punishment? 

• The system prioritizes rehabilitation over punishment for juvenile offenders. 
• New approaches like victim impact panels aim to increase offenders' understanding of their actions. 
• Families and communities are involved in the rehabilitation process. 
• Despite good intentions, the system struggles with effective implementation. 
• Proposals to try some juveniles as adults may indicate systemic failures rather than addressing root problems. 

Juvenile Justice System in India 

Historical Background 

• Rooted in the Indian Constitution's Fundamental Rights and Directive Principles of State Policy. 
• Children's Act of 1960: Kept juveniles out of prison, focused on welfare and education 
• Juvenile Justice Act of 2000: Aligned with UN Conventions, emphasized rehabilitation 
• 2015 amendment: Shift towards more punitive approach for serious crimes committed by older juveniles 

Current Legal Framework 

• Governed by Juvenile Justice Act, last amended in 2015 
• Defines a juvenile as anyone under 18 years old 
• Establishes Juvenile Welfare Boards and Juvenile Courts 
• Creates special homes for rehabilitation and shelter homes for protection 
• Emphasizes rehabilitation over punishment 
• Allows trying 16-18 year olds as adults for heinous crimes, after assessment 
• Includes provisions for adoption, foster care, and protection of rights 

Operational Aspects and Challenges 

• Separate trials for juveniles and adults with confidential proceedings 
• Apprehension by police or probation officers, followed by court presentation within 24 hours 
• Court relies on probation officer's assessment, medical reports, and other relevant information 
• Disposal options include discharge, fine, admonition, custody, or institutional commitment 
• Emphasis on education and vocational training in institutions 
• Review of cases after two-thirds of sentence completion, with potential release on "license" 
• Aftercare services available for juveniles without suitable homes 
• Challenges include limited resources, comingling of offenders and non-offenders, lack of expert involvement in decision-making 
• Concerns about rights protection during legal procedures and in custody 
• Criticisms regarding inadequate care and rehabilitation due to resource constraints and insufficient training 

Ongoing Evolution and Reform 

• Continuous scrutiny and amendment of laws and policies 
• Efforts to align with international juvenile justice standards 
• Focus on addressing changing needs and challenges faced by children in India. 

What are the Important sections of the Juvenile Justice Act,2015? 

• Section 2: This section contains definitions, including the critical definitions of "child," "child in conflict with the law," and "child in need of care and protection." 
• Section 4 and Section 5: These sections discuss the constitution of the Juvenile Justice Board, which is the competent authority to deal with juveniles in conflict with law.  
• Section 14: This section details the constitution of the Child Welfare Committee, which deals with children in need of care and protection.  
• Section 15: This is a significant section that discusses the preliminary assessment of whether a child aged 16 to 18 years involved in a heinous offense should be treated as a child or tried as an adult.  
• Section 19: This section addresses the procedure for the CWC to deal with children needing care and protection.  
• Section 21: Prohibits the disclosure of the identity of children, aiming to protect their privacy and reputation.  
• Section 24 and Section 25: Pertain to the establishment of special homes and observation homes for rehabilitation and sheltering of juveniles.  
• Section 39: Describes the process of rehabilitation and social reintegration, emphasizing that it should be undertaken based on the individual needs of the child. 
• Section 40: Talks about the registration of Child Care Institutions and the requisite standards and measures required for their functioning.  
• Section 41: Gives the criteria and procedure for the declaration of a Child Care Institution as fit for housing children for a specific purpose.  
• Section 53: Provides for the adoption procedure and mandates that the adoption is final only after the court issues an order.  
• Sections 82 to 87: Set out offenses against children in the Act and penalties for those offenses, which include punishment for cruelty to a child, employment of a child for begging, and use of a child by militant groups 

Juvenile Justice System in Other Countries  

• USA: The juvenile justice system varies across states but generally focuses on rehabilitation rather than punishment. Key components include specialized juvenile courts, diversion programs, and confidentiality protections for juvenile records. 
• Scotland: The system is largely administered by a "reporter" who decides whether a child needs compulsory care. Children's hearings, rather than courts, make decisions about treatment and supervision for juveniles under 16. 
• England: The Children and Young Persons Act of 1969 emphasizes dealing with juvenile offenders outside of court when possible. "Care" proceedings are an alternative to criminal proceedings for those aged 14-17. 
  • In England, juveniles can be brought to court if they meet specific conditions related to neglect, moral danger, or lack of proper education. Police often conduct thorough investigations before referring juveniles to court. 
  • England allows transfer of cases for children aged 12-17 to criminal court under certain circumstances, such as when jointly charged with an adult. 
• Many countries, including the USA, Scotland, and England, have systems that allow for discretion in handling juvenile cases, with options for diversion, rehabilitation, and community-based interventions. 
• The age of criminal responsibility varies in the USA it differs by state, in Scotland it's under 16, and in England it's 10 years old with special considerations for those under 14. 
• All three countries have mechanisms for appealing decisions made in juvenile cases, though the specific processes differ. 
• Confidentiality of juvenile proceedings and records is a common theme across these jurisdictions, aiming to protect the privacy and future prospects of young offenders. 
• There's a general trend across these countries towards emphasizing rehabilitation and addressing underlying causes of delinquency, rather than purely punitive measures. 

Conclusion 

The juvenile justice system in India has evolved significantly since independence, transitioning from a purely welfare-oriented approach to a more balanced system that considers both rehabilitation and accountability. While the current framework, primarily governed by the Juvenile Justice Act of 2015, emphasizes rehabilitation and protection of children's rights, it also allows for stricter measures in cases of heinous crimes committed by older juveniles. The ultimate goal remains to create a system that effectively balances the rehabilitation of juvenile offenders with the demands for public safety and justice.