Kids or Killers: Made by law or society?

PRAGYA PUSHPARAJ

BA LLB (Hons) – 3rd Semester

PES1UG22AL021

LAW OF CRIMES

PROF. PRANJALI PANDYA

ACKNOWLEDGEMENT
I would like to express my sincerest gratitude to Prof. Pranjali Pandya for
providing me with this opportunity to write my research paper on the topic of
Juvenile System n India in my semester 4 of BA LLB
TABLE OF CONTENTS

1. Abstract

2. Research question/ Research objectives/ Research methodology

3. Literature review

4. Introduction

5. History of JJS in India and the present current laws on the same

6. Arguments for and against the amendment

7. Challenges faced against the present law on JJS

8. Conclusion
ABSTRACT

It is well recognized that children are an invaluable asset to a country's

development. It is claimed that the generations to come will decide the future
trajectory of the country. However, that doesn't change the fact that they also
typically contribute to at least 3% of the crimes that occur in the country each
year, and that number seems to be rising. A juvenile is a child or minor who does
not fit the definition of an adult. It has been noted that the number of crimes
committed by children between the ages of 12 and 16 has significantly increased
not only in India but all over the world, for a variety of reasons, including
improper schooling, unfavorable living conditions, and poverty, peer pressure
from their families, traumatic life experiences, and poor mental health. Thus
juvenile delinquency is the phrase used to describe a crime committed by a
juvenile. Through a thorough study of the current framework, this research paper
aims to examine the primary issues and inadequacies related to juvenile justice in
India. It covers topics such as legal rights, rehabilitation activities, and unequal
access to the legal system. The objective of this research is to investigate the
efficiency of India's rehabilitative system, particularly with regard to the juvenile
population in the nation. This paper also tends to look into the role of home
environment, schools and educational institutions in such cases and do a in depth
analysis on the same. Ultimately, it seeks to understand and study the juvenile
system present in our nation currently, current laws and how far it has come to
help in the case of the development of children.
RESEARCH QUESTION

1. How much do rehabilitation initiatives help young people who have

committed crimes successfully reintegrate back into society?
2. How do disparities in access to justice impact juvenile offenders within the
system? How does this effect psychologically and socially in the child’s
development?
3. What role do schools, families, and social services play in preventing
juvenile offenses?

RESEARCH OBJECTIVE

1. To examine the gaps in Indian juvenile system in India and its impacts on
the future generations.
2. To come up with possible solutions to fix the gaps and make our system one
of the most successful systems in the world
3. To understand the functioning of a young mind and how to tackle it with
care

RESEARCH METHODOLOGY

To conduct research on the topic above, The Doctrine research methodology is

used, where previous findings and written papers are used for reference and other
sources like Lexis Nexis, Manupatra and SCC Online is used.
LITERATURE REVIEW

1. Dr. B.K. Das (May 2016) Juvenile System in India

The author of this paper critically analyzed the history and evolution of the
juvenile justice system (JJS) in India and also spoke about the aftermath of the
Nirbhaya case, where the offender who did the most heinous crime was not given
the same punishment as the others solely because he was a minor at the time of
commission of the crime. The paper assessed the JJS in India using international
standards and constitutional thought. Regarding children's overall development, the
juvenile justice system is the most advanced and enlightened system that has been
embraced by global citizens. The unprotected child's care and the reform of the
deviants are the main priorities. A child needs to be rehabilitated and reunited with
the family as soon as possible The special court will decide cases involving
children in legal conflict by applying the parent's patria doctrine.

2. JUDICATEME (Blog) what are different countries in the world doing

in the field of juvenile justice and care?

The blog addresses the state of juvenile justice systems and care around the world,
focusing on the rise in juvenile-perpetrated crimes and the need to preserve the
rights and safety of these young offenders. It discusses the juvenile justice systems
in the United States, Belgium, China, India, and the United Kingdom, pointing out
variations in the legal frameworks and definitions of juvenile age. The importance
and effects of juvenile justice protection and care are also discussed, with both
positive and bad effects noted globally. The article concludes by discussing how
important rulings have influenced changes to legislation pertaining to juvenile
justice.
INTRODUCTION

It is well known that children are the most naive and altruistic members of
humanity. They are regarded as our strongest assets. What an individual becomes
in the future is influenced by various factors, including their upbringing, home and
school environments, and the society in which they grow up. While some may
become doctors or engineers, others may become rapists or cold-blooded killers
before they reach the age of 18.

A majority of people are prone to underestimating how difficult it is to grasp how

kids think and determine the fundamentals of child psychology. It requires a great
deal of patience and understanding, particularly when dealing with minors between
the ages of 10 and 17, who are considered to have extremely malleable minds.
There has been a notable increase in the number of crimes reported to be
perpetrated by minors during the last ten years, both in India and globally. Modern
technology and westernization fail to stop this; rather, they aid it.

Juvenile justice originated from the belief that old legal conventions were
ineffective in dealing with offenses committed by minors. As a result, to care for
and defend the rights of juveniles by the principles established by the United
Nations Declaration on the Rights of the Child, juvenile courts had to be
established, and a global justice system had to be established. Worldwide, a large
number of children between the ages of 6 and 20 commit various crimes for
unclear motives. The best resource for a country's future is seen to be its young.
Juveniles must therefore receive the right instruction, protection, and social values
education. A child has to grow up in a suitable environment because their
surroundings have a big influence on how they are raised. Young people commit
crimes for a variety of reasons, including personal issues like behavioral disorders
and societal issues like family history, poverty, pressure from peers, the longing for
a better life, or perhaps being coerced into committing crimes to survive in society.
Juvenile justice care and protection is therefore a crucial area of law that needs to
be addressed to improve the child, appropriately teach and mentor him, and
safeguard the rights of children whose circumstances force them into the world of
juvenile crime.

In India the juvenile justice system (JJS) came into place when the British Regime
had started, before that even juvenile offenders were treated the same as any other
member of the society. The foundation of the juvenile justice system is the idea of
social welfare and children's rights. The juvenile justice system places a strong
emphasis on rehabilitation and reformation. It's to give the kid a chance to grow
into his own self. After all, the objective is to move forward with the creation of a
highly ordered egalitarian society.

India's commitment to strengthening the juvenile justice system is demonstrated by

the 2021 amendment. Foster care and the adoption of children in urgent need of
care and protection were made possible by this legislation. Additionally, it
enhanced measures meant for the comprehensive rehabilitation and social
reintegration of adolescent wrongdoers. It also strengthened the positions of Child
Welfare Committees and Juvenile Justice Boards in the decision-making process.

The Juvenile Justice (Care and Protection of Children) Act, of 2000, was
superseded by the Juvenile Justice (Care and Protection of Children) Act, of 2015,
which now forms the primary legislative framework for India's juvenile justice
system. A juvenile is defined by this law as a person who has not yet turned
eighteen. In addition, it requires the creation of safe places, special houses, and
observation homes to promote children's welfare and security. This act, while
covering the juvenile justice system in India, also specifies rules for the protection,
care, and welfare of children who need to be protected as well as those who are
involved in legal disputes. It creates specialized organizations like child welfare
committees, juvenile justice boards, and juvenile police divisions.

The nation's future resources are its children. They need to change from having a
negative personality to a positive one. But, based on prior experience, we must
close the significant gap that exists between theory and practice. We must establish
a strong foundation and an effective juvenile justice administration during this
process. The new laws represent dreams, and it is up to us to bring those dreams to
fruition.

HISTORY AND CURRENT LAW OF THE JJS IN INDIA

The Apprentices Act of 1850 was the first legislation addressing minors in trouble
with the law or committing crimes. It stated that minors found guilty of minor
offenses less than fifteen years of age would be bound as apprentices.

When the Reformatory Schools Act of 1897 came into force, juvenile offenders
serving sentences of up to fifteen years in jail were to be placed in reformatory
cells as a way of reformation.

Later, following the independence of our country, our Parliament passed the
Juvenile Justice Act, of 1986, intending to care for, shield from harm, develop, and
rehabilitate young people who had been neglected or involved in criminal activity.
It was an Act that created a system of uniformity within the nation.

Later, the Juvenile Justice (Care and Protection) Act, of 2000 was passed by
Parliament, raising the age limit for both girls and boys to eighteen years old.
According to the Juvenile Justice (Care and Protection) Act, of 2000, minors who
are in conflict with the law or who are juvenile offenders may be detained in
"Observation Homes," while minors who require care and protection must be
detained in "Children Homes" while legal proceedings before the right authority
are pending. The new law was designed to help the youngster get back on track
and integrate into society at large. The basis for this argument is that because of
their immaturity and young age, children still have the potential to be reformed,
and it is the duty of the State to safeguard and rehabilitate them.

Recently, in response to widespread public outcry against the growing number of

crimes perpetrated by minors, the government has chosen to introduce the
proposed legislative modification in the current Parliament. Our criminal justice
system would be significantly impacted by the reformation of this legislation.

The Juvenile Justice (Care and Protection) Act 2000, which would be replaced by
the proposed legislation, explicitly defines and categorizes acts as minor, major,
and heinous. There has been a noticeable rise in the number of significant offenses
committed by minors between the ages of 16 and 18. Therefore, it is suggested that
such horrible acts be handled differently to respect both the rights of the victims
and the rights of minors. As a result, it has been suggested that the Juvenile Justice
Board determine whether a person who commits an atrocious crime between the
ages of 16 and 18 did so as a "child" or an "adult" before taking further action.

Psychologists and psychiatrists who specialize in juvenile justice will ensure that,
in the event that a juvenile commits a crime, their rights are appropriately
safeguarded. The Board's assessment report will be the basis for the case trial,
which will determine whether the juvenile in question committed the offence as an
adult or as a kid.
ARGUMENTS FOR AND AGAINST THE AMENDMENT

There are two sides to every statement and story that’s ever been narrated, in the
present scenario the same can be seen, there are dissenting opinions from different
experts and professionals who have studied the case in depth. Youngsters’ levels of
maturity have changed over the past 10–20 years; the effect of social media and the
internet has caused youngsters to reach mental maturity earlier in today's
sociocultural context.

Many people in the society today are calling for minors, particularly those between
the ages of 16 and 18, to be recognized as adults in terms of their convictions for
horrible crimes like rape, gang rape, murder, dacoit, etc. Therefore, such
perpetrators between the ages of 16 and 18 must get adult punishment to have a
deterrent impact and to ensure that the victims receive justice as well. It has
also been discovered in a number of the recently reported above situations that
minors between the ages of 16 and 18 are complicit in major crimes and are acting
with full knowledge and maturity.

There are also people and experts who disagree with the idea that minors between
the ages of 16 and 18 should be sentenced to adult terms for serious crimes believe
that laws should not be changed or passed based on a small number of incidents
because they apply to everyone, everywhere, and forever. As an example, when it
comes to juvenile crimes, it is important to think about whether we are
implementing a reformative or punitive justice system by punishing 16 and 17-
year-olds; whether there is no chance that the child will be reformed; and whether
it is true that the child will become a more toughened criminal after spending ten
years in regular adult jails with other hardened perpetrators.
This point of view holds that society bears some of the blame for the child's
horrific crimes as well as for society's failure to provide a child with a normal and
healthy upbringing and for the social and economic injustices and deprivations that
led to the child being forced to commit crimes. It also holds society accountable for
the State's failure to protect and care for its children, allowing them to become
involved in criminal activity.

CHALLENGES FACED BY THE PRESENT JJS IN INDIA

It would be misleading to claim that the current JJS in India has not faced its share
of challenges. It has its own set of challenges, just like any other legislation or law,
and when it comes to issues like this involving children, caution and careful
consideration are required before making any decisions.

Following a high-profile case involving a juvenile criminal suspected in the violent

rape and murder of a young woman in Delhi in 2012 (known widely as the
Nirbhaya case), 2015 saw another substantial modification. A subtle provision was
added by this amendment: minors between the ages of 16 and 18 may be
prosecuted as adults for serious crimes like murder and rape. For all other offences,
however, the general concept of rehabilitation and reintegration persisted.

The Parliamentary Standing Committee, which included members of the public,

legal experts, and academicians, first brought the Bill before a Review Committee
to present a report on it. The Committee advised against it by taking the National
Crime Records Bureau's data, which showed such an increase, in a linear or
singular way. It was mentioned that there is a very small proportion of adolescent
crimes in India compared to the total number of crimes committed. It stayed steady
at 1.0% to 1.2% between 2008 and 2013. Furthermore, only around 7% of all
adolescent crimes included serious felonies including rape and murder. Members
of the Review Committee also highlighted the fact that this number includes cases
in which minors were wrongfully detained. Since the NCRB data in this case was
based on the number of FIRs filed against minors rather than the number of
convictions and case dispositions that followed, it was deceptive in this regard.

A few Committee members also expressed their opinion that it seemed illogical to
force juvenile criminals into the adult criminal system because Section 16 of the
2000 Act already included a mechanism for dealing with minors who had
committed severe offenses and were between the ages of 16 and 18. The 2000 Act
featured a number of sanctions, including admonition, community service, the
enforcement of a fine, probation, and group therapy, that provided adequate
opportunity for reconciliation, healing, and reformation.

It was noted that there was cause for concern over the Juvenile Justice Board
members' competence and sensibility to conduct such an investigation without
receiving training in child psychology. However, it was determined that the issue
was only with how the prior Act's provisions were being implemented, not with the
Act itself. In many states, the care facilities that were supposed to be established
under the 2000 Act were either not established at all or was not operating. Even
when they were operating, they had issues brought on by insufficient funding, poor
cadre training, and a dearth of personalized care plans.

Since the goal of the new legislation was to provide a retaliatory response to the
public outcry following the Delhi gang rape, rather than to improve the
institutional capacity and infrastructure for reforming children in conflict with the
law, its purpose was questioned.

Studies have indicated that youngsters raised in a hostile home or with inadequate
parenting are more likely to acquire delinquent tendencies. According to Agarwal
(2018), children from dysfunctional or broken homes also exhibit a higher
propensity for delinquency. Law-abiding behavior can also result from mental
health issues and substance misuse. Particularly in the Indian setting, it has been
seen that poor community bonds can lead to delinquency, which frequently starts
with small-time thefts, hooliganism, and street fights. The NCRB recorded the
educational background and family history of adolescents who were detained in
2018. According to the data, 20,099 cases included children who were homeless,
lived with their guardians, had only received a primary education, or were
illiterate.

It is essential to recognize the distinctive characteristics of every adolescent

delinquent case. It should be emphasized that Section 3 of the 2015 Act, which
allows for the trial's record to be wiped, does not shield youngsters accused of
horrific acts under the "principle of a fresh start." Additionally, although Section
24 of the Act exempts juvenile criminals from any disqualification that could result
from breaking this rule, children who have committed terrible acts and are older
than sixteen are not afforded the same protection. For this very reason, a careful balance
between punishment, deterrence and rehabilitation must be established at the core
of India’s juvenile justice framework for not only the protection of minors but also
for the development of the country to make sure that.
CONCLUSION

The guiding principle is the established juvenile jurisprudence philosophy under

international law, which emphasizes juveniles' rehabilitation, reform, and
restoration. Determining the juvenile justice system's appropriate application
boundaries is essential to securing the youth's future. It is important to keep
children out of the adult criminal justice system by "establishing age-
appropriate services for juveniles" and "maintaining a separate system." Instead of
emphasizing punishment, it is crucial to concentrate on diversion, repair, and
rehabilitation. The driving principle is the established juvenile jurisprudence
philosophy under international law, which emphasizes juveniles' rehabilitation,
reform, and restoration. Determining the juvenile justice system's appropriate
application boundaries is essential to securing the youth's future. It is important to
keep minors out of the adult criminal justice system by "establishing appropriate
services for juveniles" and "maintaining a separate system." Instead of
emphasizing punishment, it is crucial to concentrate on diversion, repair, and
rehabilitation.

These days, there is a push for legislation on children's legal rights as the need for
their protection and guidance becomes more widely acknowledged. Numerous
nations have opted to implement significant policies concerning this matter. As a
result, the author thinks that understanding the various juvenile justice systems
found in other nations will provide doors for critical inquiry and constructive
change based on a comparative viewpoint. Regarding the "age of criminal
responsibility," other jurisdictions can learn a great deal from India's juvenile
justice system. The essay focuses on the gaps in the juvenile justice statute (JJA
2015) that have caused contradictions and inconsistencies, particularly with regard
to the handling of juvenile offenders. Any nation's juvenile justice laws should
eventually be based on the belief that all children should be reformatted and
rehabilitated.

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