INTRODUCTION

The Pune car crash case has underscored the systemic inadequacies in India's juvenile justice system. While accountability for crimes is essential, there's a pressing need to address issues such as bail policies, procedures for trying minors as adults, and the detention of juveniles in adult prisons. These challenges highlight the urgency for comprehensive reforms to safeguard the rights and welfare of juvenile offenders.

How are crimes by children treated in India?

• Children Below 7: Children under 7 years of age are presumed to be incapable of committing crimes. They are not held liable for any offences as per Section 82 of the Indian Penal Code 

• Children Between 7 and 12: For children in this age group, criminal liability hinges on proving mental maturity. If it can be established that the child understood the wrongful nature and consequences of their actions, they might be held accountable.

• Children Between 12 and 18: This age group generally falls under the JJ Act which prioritises rehabilitation and social reintegration over punishment. The maximum period of detention in a specialised facility is 3 years.

• Children Between 16 and 18 for Heinous Offences: In specific cases of serious crimes (defined as "heinous offences" in the Act), children between 16 and 18 years old may be tried under the adult criminal justice system. However, this is subject to a rigorous assessment by a Juvenile Justice Board (JJB) to determine their mental capacity and potential for rehabilitation.

Juvenile Justice (Care and Protection of Children) Act, 2015

• In India, the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) is the primary legislation governing how crimes by children are treated. It replaced the Juvenile Justice (Care and Protection of Children) Act of 2000, which treated everyone under 18 equally.

• Adoption Process: The JJ Act introduced significant improvements to the adoption process for orphaned, abandoned, or surrendered children.

• Central Adoption Resource Authority (CARA): The Act grants statutory status to CARA, streamlining the adoption process and ensuring a more centralised and transparent system.

• Establishment of Juvenile Justice Board: Under this act Juvenile Justice Boards (JJB) and Child Welfare Committees in each district are established.

• The JJB shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class or Chief Judicial Magistrate with at least three years’ experience and two social workers of whom at least one is a woman.

• Trial as Adults: Section 15 of the Juvenile Justice Act addresses the possibility of trying children as adults under specific circumstances. This section applies to children between 16-18 years of age who commit "heinous offences," allowing for their trial under the adult criminal justice system following a rigorous assessment process. 

• The Act defines a heinous offence as a crime that carries a minimum punishment of seven years or more in prison under the Indian Penal Code (IPC) or any other applicable criminal law. Examples of heinous offenses include murder and rape.

• The assessment, conducted by the JJB, focuses on evaluating the child's mental and physical capacity to commit the offence, their understanding of the consequences, and the circumstances surrounding the offence.

• Place of detention: Children in conflict with the law must not be detained in prisons, even if age determination inquiries are pending or if accused of heinous offences. Legally, only observation homes or places of safety are permitted for their detention.

• The Juvenile Justice Board was mandated to conduct regular inspections of prisons to ensure that no such alleged CICL were detained.

Juvenile Justice (Care and Protection) Amendment Act, 2021

• Came into force on 1st September, 2022

• Cognizance of Offences: The amendment changed the categorization of offences against children. Offences punishable with imprisonment for 3 years or more (but not more than 7 years) became "non-cognizable" (meaning police can't arrest without a warrant). 

• However, this has been criticised for potentially hindering reporting of crimes against children.

• Such offences include sale and procurement of children, exploitation of child employees, employment of children for child begging, giving intoxicating liquor or narcotic drugs to a child, etc.

International Conventions

• United Nations Convention on the Rights of the Child (UNCRC):It establishes a legal framework for protecting children's civil, political, economic, social, and cultural rights. India ratified the UNCRC in 1992

• Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography: India ratified this protocol in 2005

• Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict: India ratified this protocol in 2005

Non-binding guidelines which India adheres to

• United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), 1985

• United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules),1990

• Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption,1993

Importance

•  Protects children from cruelty and abuse: Section 75 is a crucial provision that aims to protect children from cruelty and abuse at the hands of caregivers or those entrusted with their care. It emphasises the responsibility of adults to ensure the well-being of children under their charge.

• Example: The Delhi Police added Section 75 of the Juvenile Justice Act to the FIR after a fire at Baby Care New Born Child Hospital in Vivek Vihar this May, which killed six newborns. 

• Prioritizes Rehabilitation Over Punishment: The JJ Act emphasises rehabilitation and reintegration of children in trouble with the law. It focuses on addressing the root causes of their behaviour and providing opportunities for them to become law-abiding citizens. This approach aims to break the cycle of crime and promote positive transformation.

• Protects Children's Rights: The JJ Act safeguards the fundamental rights of children in conflict with the law. It guarantees access to legal representation, fair trials, and protection from exploitation and abuse within the justice system. This ensures a more humane and just approach to handling juvenile delinquency.

• Age-Appropriate Procedures: The JJ Act establishes a separate juvenile justice system distinct from the adult criminal justice system. This recognizes the unique needs and vulnerabilities of children. Specialised courts and boards handle these cases, focusing on restorative justice.

• Focus on Care and Protection: The JJ Act acknowledges the importance of providing care and protection to children in conflict with the law. It mandates special homes and observation homes to house these children, offering them access to education, healthcare, and counselling services. 

• Community Involvement: The JJ Act encourages community participation in the rehabilitation process. It recognizes the role of families, social workers, and NGOs in supporting children in conflict with the law. This collaborative approach promotes smoother reintegration into society.

Issues with the Act and implementation 

• Detention in Prisons: Ensuring appropriate care and rehabilitation for children in conflict with law without subjecting them to the detrimental environment of adult prisons 

• Example: A recent nation-wide study published by iProbono has revealed that between 2016 to 2021, at least 9,681 children in conflict with law were transferred from prisons to child-care institutions. 

• Socioeconomic Disparity: The unequal application of bail in the juvenile justice system disproportionately disadvantaged children from poor backgrounds who are remanded to detention while wealthy minors accused of similar crimes are granted bail, sometimes to be sent abroad by their families.

• Example: The JJB initially granted bail to the teenager belonging to an affluent family, a few hours after the Pune crash and asked him to write a 300-word essay on road safety.

• Political influence: The selection process for Juvenile Justice Board (JJB) members is often marred by political influence. This raises concerns about transparency and fairness in appointments, potentially jeopardising the integrity of the juvenile justice system.

• Societal Stigma: Negative societal attitudes towards children who have been in conflict with the law can hinder their reintegration into society and create barriers to their opportunities.

• Violations of Children's Rights in Police Detentions:

• Misrepresentation of Age: Police officers ignored the child's stated age, potentially subjecting them to harsher treatment under the adult criminal justice system.

• Lack of Rights Explanation: Police failed to inform the children of their legal rights, including the right to remain silent and the right to legal representation.

• Delayed or Absent Magistrate Presentation: The production before a magistrate, a crucial legal safeguard, was either delayed or not conducted in person.

• Limited Oversight by Juvenile Justice System: Visits by the Juvenile Justice Board or other monitoring bodies to check on detained children were infrequent, raising concerns about potential abuses.

• Contradiction with IPC Categorization: The 2021 amendment of Juvenile Justice Act reclassifies cognizable offences as non-cognizable and this contradicts the IPC.Under the IPC, offences punishable with imprisonment for more than three years are categorised as cognizable, while those punishable with imprisonment for up to three years are non-cognizable.Hence this  reclassification lacks reasonable justification and undermines legal coherence.

Solutions

• Reduce unnecessary detention: This could lead to fewer children being held in detention facilities before trial, minimising negative impacts on their well-being.

• Example: The Punjab & Haryana High Court ruled that juveniles can be granted anticipatory bail under Section 438 of the CrPC and  emphasised that bail is the rule and denial is the exception.

• Streamline Procedures: Focus on addressing procedural loopholes like age misrepresentation and delayed magistrate presentations to ensure legal protections for children

• Faster Justice Delivery: Work towards speeding up the justice process to avoid prolonged detention and ensure a more efficient system.

• Improved Reporting Mechanisms: Facilitate easier reporting of crimes against children by allowing parents or trusted civil society organisations to report on their behalf.

• Reintegration into Society: Emphasise programs that support a child's return to a normal life after going through the justice system.

• Specialised Training: Implement mandatory training programs on child protection laws for district magistrates to ensure they are equipped to handle CICL cases effectively.

• Inter-departmental Coordination: Foster close collaboration between all relevant stakeholders including Child Welfare Committees (CWC), Juvenile Justice Boards (JJ Boards), Child Care Institutions (CCIs), District Child Protection Units (DCPUs), and Special Juvenile Police Units (SJPUs). This collaborative approach can ensure the safety and well-being of children throughout the process.

  
  

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• Short Takes

  
  

  Children in conflict with the law (CICL): It is a term used to describe individuals below 18 who have come into contact with the justice system due to alleged or proven criminal activity. It avoids labelling children as criminals and acknowledges that they may be victims of circumstance or lack of opportunity

  Non-cognizable offences: In India, non-cognizable offences are less serious crimes for which police require a warrant from a magistrate to arrest a suspect.

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CONCLUSION

From the inadequate treatment of minors in adult prisons to complexities surrounding bail policies and parental liability, the system faces multifaceted issues demanding urgent attention. Addressing these challenges requires holistic reform efforts aimed

Tags:
Polity

Keywords:
Juvenile Juvenile Justice