JUVENILE JUSTICE SYSTEM IN INDIA & PSYCHOLOGY

SUNIL RAJESHKUMAR DUBEY

IInd Year LLM (Semester 3)

HINDI VIDYA PRACHAR SAMITI’S COLLEGE OF LAW

TABLE OF CONTENTS

Sr.No. Particulars Page No.

 1

1. ACKNOWLEDGEMENT 2
2. ABSTRACT 3
3. INTRODUCTION 4
4. DETAILED PROJECT 5-13
4.1 WHO IS A JUVENILE? WHAT IS JUVENILE 5-6
DELINQUENCY
4.2 WHAT ARE THE PENAL PROVISIONS AND RELATED 6-8
JUDGEMENTS TO JUVENILE?
4.3 WHAT ARE THE CURRENT GAPS AND CHALLENGES 8-11
IN INTEGRATING PSYCHOLOGICAL PERSPECTIVES
EFFECTIVELY WITHIN THE INDIAN JUVENILE JUSTICE
SYSTEM? HOW CAN THE SYSTEM BE STRENGTHENED
TO BETTER ADDRESS THE MENTAL HEALTH NEEDS
AND PSYCHOLOGICAL WELL-BEING OF YOUNG
OFFENDERS?
4.4 WHAT TYPES OF THERAPEUTIC INTERVENTIONS ARE 11-12
USED FOR JUVENILE OFFENDERS UNDER THE
JUVENILE JUSTICE SYSTEM, AND HOW ARE THEY
TAILORED TO ADDRESS THE UNIQUE NEEDS OF EACH
INDIVIDUAL?
4.5 HOW CAN COLLABORATION BETWEEN LEGAL 12-13
PROFESSIONALS AND PSYCHOLOGISTS BE
ENHANCED WITHIN THE INDIAN JUVENILE JUSTICE
SYSTEM?

5. IMPORTANT CASE LAWS 14

6. REFERENCE 15
7. CONCLUSION 16

ACKNOWLEDGEMENT
 2
I'd want to convey my heartfelt appreciation to everyone who helped
make this project a success. Your assistance, advice, and efforts were
invaluable. Special thanks to my project supervisor for their knowledge
and guidance. I am grateful for the assistance provided by my college.
Thank you to everyone who took the time to participate. I am grateful for
the consistent support of my friends and family. Finally, I want to thank
the larger academic community for their pioneering work in the field.

JUVENILE JUSTICE SYSTEM IN INDIA &

PSYCHOLOGY
~SUNIL DUBEY
 3
ABSTRACT

 This abstract provides a concise overview of the juvenile justice system in

India, focusing on its key components, challenges, and the importance of
psychological perspectives.

 The juvenile justice system in India is a set of laws created to protect the
special needs and rights of young offenders. Recognizing that young offenders have
the potential for good development and reintegration into society, it places more
emphasis on rehabilitation than punishment. The safety, nurturing, and best interests
of the child are the guiding concepts of this system.

 The juvenile justice system in India, however, confronts many difficulties.

The efficient implementation of rehabilitation programmes is hampered by a lack of
funding, overcrowding in facilities, backlogs in the legal system, and insufficient
psychological support. Furthermore, understanding the psychological factors that
contribute to juvenile offending is crucial for creating appropriate interventions.

 Psychology is important in understanding and addressing the underlying

causes of juvenile delinquency. Psychological helps in the identification of mental
health disorders, cognitive ability, and social functioning in juvenile offenders.

 This abstract shows how crucial it is to take psychological viewpoints into

account when creating the juvenile justice system in India. It is easy to develop a
system that supports the rehabilitation and successful reintegration of young
offenders.

Keywords-
Juvenile justice system, India, Psychology, Rehabilitation, Delinquency
 4
INTRODUCTION

In the last few decades, there has been an incredible rise in the number of
crimes committed by youngsters under the age of 16. Children's upbringing
environments, economic circumstances, lack of education, and parental attention are
all blamed for the development of such behaviour. Even more astounding is the fact
that children are being used as tools in the commission of a crime, and this age range
includes mainly youngsters aged 6-12 years, since the minds of innocent children
may be controlled more easily at this age.

The protection of juveniles and an apt treatment for betterment always was
the main motive beyond the drafting of the legislations for the Juveniles in India.
Though it was always given more weight in the eyes of the Constitution's writers,
unambiguous demarcations between juvenile criminals and general offenders were
not included in the comprehensive Articles. Juvenile Justice was first recognized
during colonial control in the British era and was then changed to numerous modern-
day legislations.

In India, the need for a Juvenile Justice System is felt far more strongly in
Delhi than in other big cities. This form of crime has been steadily increasing in
Delhi. According to the data, young people were responsible for 46 homicides in
2017, the most homicides of any metropolis, as well as the most robberies and fraud
of any metropolis.
 5
MAIN ARTICLE

 The juvenile justice system in India is governed by the Juvenile Justice (Care
and Protection of Children) Act, 2015. The purpose of this act is to provide for the
care, protection, treatment, development, and rehabilitation of neglected or
delinquent juveniles, as well as to provide the procedural and sentencing
requirements for dealing with juvenile offenders.

 The jurisdiction for the implementation of the Act lies with the Juvenile
Justice Boards (JJBs), which are established in every district to deal with cases
related to juveniles. JJBs are empowered to conduct inquiries into cases of juveniles
who are in conflict with the law and to pass orders for care, protection, rehabilitation,
and release on bail.

 It is important to note that the Juvenile Justice system in India is based on the
principle of reform and rehabilitation of juvenile offenders rather than punishment.
The focus is on the child's well-being and ensuring that they are given a chance to
reform and reintegrate into society.

WHO IS A JUVENILE? WHAT IS JUVENILE DELINQUENCY?

 A juvenile is a child who has not reached the age of 18 years at which he, like
an adult, can be held accountable for his criminal activities under the law of the land.
The phrase juvenile justice derives from the Latin word "juvenis," which means
"young," and hence a juvenile justice system is one that is specifically designed for
children. According to the Juvenile Justice (Care and Protection of Children) Act
2015, a "juvenile" is a child under the age of 18 years 1. The 2015 Act addresses two
types of children: children in conflict with the law, defined as a child who has been
accused or found to have committed an offence and who is under the age of eighteen
on the date of the commission of offence2; and children in need of care and
protection, which includes many situations in which children are abused, exploited,

1
S. 2(35) of Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the 2015
Act)
2
S. 2(13) of the 2015 Act
 6
neglected, or subjected to violence without being cared for by their parent or
guardian3.

 Juvenile delinquents are people who have not reached the age of adulthood
according to the law of the land but have nonetheless acted in a way that is banned
by law. Such forbidden activity mostly consists of acts that, if done by adults, would
constitute criminal offences.

 Since the child is a part of society, the social context around him / her is
bound to have an effect on the child’s attitude and behavior. Poverty, unemployment,
exposure to and experience of violence, abuse, inequalities and changing values are
bound to impact children and their behavior. There is a complex mix of social,
economic and human factors that contribute to juvenile delinquency. Risk factors
contributing to juvenile delinquency may be categorized as individual risk, family
risk, mental health risk and substance abuse risk 4. Individual risk factors are those
factors pertaining to the juvenile as an individual, including his / her physical, mental
and emotional self. Family risk factors are those factors pertaining to parents and
other family members who are responsible for the upbringing of the juvenile. They
include upbringing by relatives (in the absence of parents) who may not have an
emotional bond to the juvenile or offer adequate attention to his or her needs. Mental
health risk factors are elements that are precursors to specific mental health problems
that manifest as juvenile delinquent behaviour. Substance abuse risk factors are those
that relate to the availability and abuse of drugs and other illegal substances.

WHAT ARE THE PENAL PROVISIONS AND RELATED JUDGEMENTS

TO JUVENILE?

 Section 82 and 83 of the Indian Penal Code, 1860 talks specifically about the
exemption from prosecution of the Juveniles.

 The Supreme Court in the case of Kakoo V. State of Himachal Pradesh 5

reduced the punishment of a 13-year-old boy who had raped a 2-year-old girl. The
3
S. 2(14) of the 2015 Act
4
For more details see Prakash Haveripet (2013). „Causes and Consequences of Juvenile Delinquency in India‟,
Recent Research in Science and Technology 2013, 5(3), pp 29-31
5
AIR 1976 SC 1991, 1976 CriLJ 1545, (1976) 2 SCC 215
 7
court took into consideration sec. 83 and 84 of the IPC that Juveniles can’t be treated
as that of the adults. Thus, it is a very well-settled law that while dealing with the
Juveniles the court should consider reformative and humanitarian approaches.

 But in the case of Heeralal V. State of Bihar 6, a child threatened an adult that
he’ll chop him into pieces and subsequently the child stabbed a person till his death.
He was sentenced by the trial court with a reasoning that the child was mature
enough to understand the ramifications of his act. The Supreme Court also dismissed
the petition.

 Sampurna Behura v. Union of India & Ors 7. This case was primarily
related to the implementation of the Juvenile Justice (Care and Protection of
Children) Act, 2000, and Juvenile Justice (Care and Protection of Children) Act,
2015 (JJ Act, 2015). The court observed that the children are the future of our
country and they must be looked after. So, it issued several directions to ensure
proper implementation of the JJ Act, 2015:

 Central and State Governments must ensure that all the vacancies in the
National Commission for Protection of Child Rights (NCPCR) and State
Commissions for Protection of Child Rights (SCPCR) are filled for the effective
functioning of these statutory bodies.

 State-Level Child Protection Societies and District Level Child

Protection Units should take assistance from NGOs and civil society for proper
implementation of the JJ Act.

 State Government must ensure the filling up of all the positions in the
Juvenile Justice Boards (JBs) and Child Welfare Committees (CWCs).

 JIBs and CWCs must have regular sittings to ensure that there is no
backlog of inquiries and children in need of care & protection are being taken care
of.

6
1977 AIR 2236, 1978 SCR (1) 301
7
[Writ Petition (Civil) No. 473 of 2005]
 8
 National & State Commissions for Protection of Child Rights must take
up studies on various societal issues so that the State Government can take remedial
steps on those issues.

 State Governments must appoint the necessary number of Probation

Officers for the effective implementation of the JJ Act, after getting reports from the
NCPCR and SCPCRs.

 Special Juvenile Police Units must be set up so that the police can
effectively fulfill their role as the first responder on issues arising out of offences
committed by or against children.

 National & State Police Academies must consider including the topics
related to child rights in their curriculum.

 State Governments were advised to ensure that all the Child Care
Institutions (CCIs) are registered so that the issues of missing children & trafficking
are addressed.

WHAT ARE THE CURRENT GAPS AND CHALLENGES IN

INTEGRATING PSYCHOLOGICAL PERSPECTIVES EFFECTIVELY
WITHIN THE INDIAN JUVENILE JUSTICE SYSTEM? HOW CAN THE
SYSTEM BE STRENGTHENED TO BETTER ADDRESS THE MENTAL
HEALTH NEEDS AND PSYCHOLOGICAL WELL-BEING OF YOUNG
OFFENDERS?

 The Juvenile Justice (Care and Protection of Children) Act 2015 applies to
two types of children: those who require care and protection and those who are in
dispute with the law. Children who require care and protection are dealt with by the
Child Welfare Committee (CWC), whilst children who are in conflict with the law
are dealt with by the Juvenile Justice Board (JJB). The District Child Protection Unit
(DCPU) is responsible for dealing with both types of children collectively. All three
institutions are part of the Integrated Child Protection Scheme, which is funded
centrally by the Ministry of Social Justice and Empowerment. The state-level
 9
operation is carried out by the State Child Protection Society (SCPS), which is part
of the Department of Social Defence and Empowerment in Tamil Nadu and a few
other states.

Gaps and Challenges in implementation of JJ Act 2015

ADMINISTRATIVE ISSUES

 There is no clear division of labour between the Department of Social

Defence, which is implementing the Integrated Child Protection Scheme (ICPS)
through DCPUs in all districts, the Department of Social Welfare, which is working
to prevent child marriages, and the Department of Empowerment of Persons with
Disabilities, which is monitoring Child Care Institutions for Children with Special
Needs. However, the ICPS guidelines lack role clarity and conformity for the
outreach services provided by DCPU. For example, they were instructed to convert
Watch Dog Committees to Village Management Committees for Child Protection
Services, which was not completed throughout the district. There were
misunderstandings about roles and responsibilities in child restoration, bringing
children before the CWC, working with the District Child Protection Officer to
prevent child marriages, and other areas.

 Inadequate cooperation among line departments and other stakeholders to

enable proper implementation of the JJ Act 2015.

 Failure to maintain standards at government-run Child Care Institutions

(CCI) such as Special Homes, Observation Homes, Shelter Homes, Day Care
Centres for Street Children, After Care Homes, and Children Homes run by
Government and Non-Governmental Organisations. Due to overburdened
responsibilities and a restricted personnel structure for the entire district, there is a
lack of case follow-up in the Non-Institutional Services.

 Due to lot of corruption and failures, they later changed the system to recruit
DCPOs on contractual basis by posting professionally experienced in social work
field. However, their postings remain unstable, and the ICPS continues to experiment
by changing staff structure while leaving the "Best Interest of Child" behind. The
Hindu (2017). Because of the ICPS authorities' pressures and demands, most of the
 10
children's homes maintained by trusts, along with their schools, were changed into
Child Care Institutes (CCIs) into hostel/boarding and began registering under the
Department of Education. They were completely cut off from the JJ Act 2015's
safety net.

SOCIAL ISSUES

 People are unaware of the resources available through institutional and non-
institutional care, including as foster care and aftercare services. At the same time,
these services are not compatible with Indian culture and values.

 Lack of cradle baby system understanding and mainstreaming at DCPUs,

Primary Health Centres, General Hospitals, and so forth. Many cradles are hidden
from public observation and knowledge. There are many incidents of abandoned
children due to a lack of information about the cradle baby system and a rigorous
cultural value system.

 For example, in one case of abandoned children, an unknown woman gave

birth to a girl kid under a thorn bush and then abandoned the child, who was sobbing
and had been attacked by ants. Hearing the child's cries, local boys rescued him and
took him to Cuddalore General Hospital. The youngster was spared and handed over
to a Chennai-based adoption agency by the District Collector in Cuddalore in 2012.
The Times of India issued an update on the state of Tamil Nadu's Cradle Baby
Scheme on March 26th, 2018, stating that this scheme was left with empty cribs,
indicating a rise in the mortality of unborn infants (Feticides) and abandonment of
newly born children.

 Inadequate funding to implement programmes for the care and safety of

children. As a result, children under CWCs and JJBs are not returned to society on
time, affecting their mental health and changing their attitude.

POLITICAL ISSUES
 There is political pressure to disregard CWC and JJB judgements when
dealing with Child Protection matters. This disrupts the operations of the Child
Protection systems.
 11
 There will be political and communal pressure to prevent child marriages. As
a result, implementing the law becomes difficult.

 The aforementioned obstacles and shortcomings are the primary causes for
the failure of the MDGs 2015 in child protection. It may be more difficult to achieve
the SDGs' ambition of "STOP CHILD VIOLATION" in child protection (goal 16.2)
by 2030.

WHAT TYPES OF THERAPEUTIC INTERVENTIONS ARE USED FOR

JUVENILE OFFENDERS UNDER THE JUVENILE JUSTICE SYSTEM,
AND HOW ARE THEY TAILORED TO ADDRESS THE UNIQUE NEEDS
OF EACH INDIVIDUAL?

 Therapeutic interventions for juvenile offenders within the juvenile justice

system aim to address the underlying issues contributing to their offending behavior,
promote rehabilitation, and support their successful reintegration into society. These
interventions are typically tailored to address the unique needs of each individual.
Here are some commonly used therapeutic interventions:

 Cognitive-Behavioral Therapy (CBT): CBT focuses on identifying and

changing negative thought patterns and behaviors. It helps juveniles develop
problem-solving skills, manage emotions, and develop empathy. CBT can be adapted
to address specific issues such as aggression, substance abuse, or anger management.

 Trauma-Informed Therapy: Many juvenile offenders have experienced

traumatic events in their lives. Trauma-informed therapy helps individuals process
and heal from their traumatic experiences. It may include techniques such as trauma-
focused cognitive-behavioral therapy, eye movement desensitization and
reprocessing (EMDR), or narrative therapy.
 Family Therapy: Family plays a crucial role in the rehabilitation and support
of juvenile offenders. Family therapy involves working with the offender and their
family to address communication issues, improve relationships, and provide a
supportive environment for positive change.
 12
 Substance Abuse Treatment: For juveniles with substance abuse issues,
tailored interventions such as motivational interviewing, relapse prevention
strategies, and group counseling are often utilized. These interventions address the
underlying factors contributing to substance abuse and help develop healthier coping
mechanisms.

 Anger Management Programs: Juvenile offenders often struggle with anger

and aggression. Anger management programs focus on teaching healthy anger
expression, emotional regulation, and conflict resolution skills. These programs may
include cognitive restructuring, relaxation techniques, and social skills training.

 Life Skills Training: Building essential life skills can empower juvenile
offenders to make positive choices and succeed in various areas of their lives. Life
skills training may include sessions on communication, problem-solving, decision-
making, vocational skills, and financial literacy.

 Restorative Justice Practices: Restorative justice approaches focus on

repairing harm caused by the offense and promoting accountability. These practices
involve bringing together the victim, offender, and community members in a
facilitated dialogue to address the impact of the offense and work towards repairing
relationships.

 Tailoring these interventions to address the unique needs of each individual is

crucial for their effectiveness. This involves conducting comprehensive assessments,
considering cultural and social factors, and individualizing treatment plans.
Collaboration between psychologists, counselors, social workers, and other
professionals is essential to develop holistic and personalized interventions that
address the specific challenges and strengths of each juvenile offender.

 It is important to note that the availability and implementation of specific

therapeutic interventions may vary depending on the resources, policies, and
practices within the juvenile justice system in different jurisdictions.
 13
HOW CAN COLLABORATION BETWEEN LEGAL PROFESSIONALS
AND PSYCHOLOGISTS BE ENHANCED WITHIN THE INDIAN
JUVENILE JUSTICE SYSTEM?

The Indian juvenile justice system is a multi-disciplinary system that relies on inputs
from various professionals, including legal professionals and psychologists. The
Juvenile Justice (Care and Protection of Children) Act, 2015 governs the juvenile
justice system in India, which provides a framework for the care, protection,
treatment, and rehabilitation of children in conflict with the law. This act has
provisions for the involvement of psychologists and mental health professionals in
the rehabilitation process of juvenile offenders.

Collaboration between legal professionals and psychologists is essential in the Indian

juvenile justice system. The understanding of the mental health of a juvenile offender
is essential while deciding the punishment and rehabilitation measures. While legal
professionals are responsible for legal proceedings of juvenile offenders,
psychologists provide insights related to mental health and rehabilitation measures.

In recent years, the Indian juvenile justice system has recognized the importance of
collaboration between legal professionals and psychologists. The Juvenile Justice
Act, 2015, has provisions for the involvement of psychologists and mental health
professionals in the rehabilitation process of juvenile offenders.

However, to enhance collaboration between legal professionals and psychologists,

there needs to be better communication and understanding between the two
professions. Legal professionals should be given basic training in psychology to
understand the impact of the legal process on the mental health of juvenile offenders.
At the same time, psychologists should be given an understanding of the legal
process to provide inputs that are directly applicable in the courtroom.

In conclusion, collaboration between legal professionals and psychologists is

essential in the Indian juvenile justice system. It is important to recognize the
complementary roles of the two professions for effective rehabilitation of juvenile
 14
offenders. By enhancing collaboration between legal professionals and
psychologists, the Indian juvenile justice system can ensure that the welfare of the
child is the primary concern while deciding on the legal proceedings.

FEW IMPORTANT CASE LAWS RELATED TO THE JUVENILE JUSTICE

SYSTEM IN INDIA AND PSYCHOLOGY:

 Javed v. State of Haryana (2003)8: In this case, the Supreme Court of India
emphasized the importance of psychological assessment and counseling for juvenile
offenders. It highlighted that the objective of the juvenile justice system is not only
punishment but also rehabilitation and reintegration into society.

 Gopinath Ghosh v. State of West Bengal (2016) 9: The Supreme Court

reiterated the significance of psychological assessment and counseling in the context
of the Juvenile Justice (Care and Protection of Children) Act, 2015. The Court
emphasized that the assessment of the mental and psychological state of the child is
crucial for determining appropriate interventions and rehabilitation measures.

 Salil Bali v. Union of India (2013)10: The Delhi High Court, in this case,
emphasized the importance of providing psychological counseling and therapy to
child victims and witnesses during the trial process. It recognized the potential long-
term impact of trauma on the mental health of children and emphasized the need for
a child-friendly justice system.

 Sheela Barse v. State of Maharashtra (1983)11: This landmark case

highlighted the need for protection and rehabilitation of juveniles in conflict with the
law. It emphasized the importance of individualized treatment, including
psychological evaluation and counseling, for the effective implementation of the
Juvenile Justice Act.

8
30 July, 2003
9
1984 AIR 237, 1984 SCR (1) 803
10
17 July, 2013
11
1983 AIR 378, 1983 SCR (2) 337
 15

REFERENCE

Bandyopadhyay, A., & Bhattacharya, R. (2017). Psychological Perspectives in

Juvenile Justice System. Indian Journal of Health and Wellbeing, 8(10), 1150-1153.

Ministry of Women and Child Development, Government of India. (2018).

Handbook on Juvenile Justice in India. Retrieved from
https://wcd.nic.in/sites/default/files/handbook%20on%20juvenile%20justice%20in
%20india.pdf

Roy, R., Lahariya, C., & Singh, A. K. (2017). Mental health and juvenile justice
system in India: An overview. Industrial Psychiatry Journal, 26(1), 4-12. doi:
10.4103/ipj.ipj_18_17

Saxena, P., & Shah, R. (2020). Juvenile Justice in India: A Critical Analysis. Journal
of Legal Studies and Research, 6(1), 74-81.
 16

CONCLUSION

In conclusion, the intersection of the juvenile justice system in India and

psychology highlights the need for a comprehensive and collaborative
approach. Understanding the psychological factors underlying juvenile
delinquency is crucial for effective interventions and support. By integrating
legal measures with psychological insights, we can strive towards a system
that promotes rehabilitation, addresses underlying issues, and fosters the well-
being of young offenders. Continued investment in mental health services and
multidisciplinary collaboration is essential to create a just and inclusive
society for young individuals in conflict with the law.