International Journal of Economics, Commerce and Management Research Studies
Volume 1, Issue 1, August - 2018
A Critical Analysis of Juvenile Justice System and its
Objectives
Tanisha V. Agrawal
Abstract:- Our country needs a reformative approach to
crime, rather than a retributive one. A specialized
juvenile justice system is a progressive measure which
has been adopted by countries all over the world. The
primary focus is to provide care to an unprotected child
and to reform them, through changing the role of
government in handling juveniles, and designating
principles and practices for rehabilitating juvenile
delinquents. The article critically evaluates the juvenile
justice system of India and highlights its objectives, while
arguing for remedies of the underlying causes of juvenile
delinquency.
Keywords:- Juvenile, Juvenile Justice System,
Rehabilitation, Care and protection, Treatment,
Development, Juvenile delinquency.
I. INTRODUCTION
Proverb 22 of the Bible says, “Train a child in the way
he should go, and when he is old he will not turn from it”1.
Children are the assets of a nation. They comprise
approximately 40% of the population. It is the sole
responsibility of a society to delicately deal with the matters
of children. To understand the present juvenile justice
system, we have to look into its history. During British rule,
there was no separate system for juveniles; they were treated
by the society as common delinquents. Children were
thrown into prison without trial. They were locked in jails
along with hardened criminals. Death penalties were given
to them even for the petty offences. In 1833, a nine year old
child was given the death penalty for stealing goods worth
two pence2.
Gone are those days when juvenile crimes were not
given separate treatment. The system has been created in
order to treat juveniles in a different manner from adults.
Reformative measures are given more weightage then
retributive measures. After India gained independence in
1947, it became the signatory to UDHR in 19483. Being a
signatory, it has adopted various measures for children as
per the international standard. Even the Constitution of India
has separate articles for children.
 Article 15(3) gives power to the state to make special
provisions for children.4
1 77
Available at
https://www.biblegateway.com/passage/?search=Proverbs+2
2&version=NIV.
2
Dr. B.K. Das- Juvenile Justice in India-1st Ed. 2011 at p. 10.
3
UN General Assembly, “Universal Declaration of Human
Rights, “217(III) A (Paris, 1948).
4
INDIA CONST.art.15 ,cl. 3.
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 Article 21(a) provides the right to free and compulsory
elementary education for all the children under the age of
6 to 14 years5.
 Article 24 provides right to be protected from any
hazardous employment under the age of 14 years.6
 Article 39(e) prescribes that the state shall direct its
policy towards securing the tender age of children and to
see that they are not forced by economic necessity to
enter into occupations which are unsuited to their age7.
 Article 39(f) prescribes that children should be given the
opportunities and facilities to develop in a healthy
manner and with freedom and dignity and guaranteed
protection of childhood against exploitation8.
 Article 47 empowers children with a right to be provided
with a good nutrition and a proper standard of living9.
Parens Patriae is a principle in the constitution of India
and it refers to the role of a state which acts as a guardian of
persons who are under legal disability including children
and insane. State must take care of those who cannot take
care of themselves by providing proper care and protection
to them.
II. WHAT IS A JUVENILE
A ‘juvenile’, used interchangeably with ‘child’, is
defined in the Juvenile Justice Act as anyone who has not
completed the age of 18 years, and are thus not adults in the
eyes of law. The term ‘juvenile’ has been emerged from the
Latin word ‘Juvenis’ which means young so when it comes
to juvenile justice, it means a justice system for the young.
III. JUVENILE JUSTICE (CARE AND
PROTECTION) ACT, 201510
Juveniles are the future of our nation, so in order to
protect the rights of juveniles, the Juvenile Justice Act
200011 was enacted. It provides the provisions for dealing
with the child in conflict with law. On one side, being an
innocent, there was a question of the age of juveniles; on the
other side, there was an increase in the rate of heinous
crimes by juvenile delinquents. Hence, there was a need to
amend the particular act. Therefore, this act was replaced by
the Juvenile Justice Act of 2015.The 2012 Delhi Gang
5
INDIA CONST.art.21 ,cl.a.
6
INDIA CONST.art.24.
INDIA CONST.art.39 ,cl.e.
8
INDIA CONST.art.39 ,cl.f.
9
INDIA CONST.art.47.
10
The Juvenile Justice (Care and Protection of Children)Act,
2015, No.2 of 2016.
11
The Juvenile Justice (Care and Protection of Children)Act,
2000 [India], Act No. 56 , 30 December 2000.
85
 International Journal of Economics, Commerce and Management Research Studies
Rape12and Shakti Mills Gang Rape13 shocked the nation.
This was not the only reason of the implementation of
Juvenile Justice Act 2015; there were two more reasons:
 The old Act was facing implementation and procedural
delays14.
 According to the National Crime Records Bureau, there
was an increase in juvenile crime between the age group
of 16 to 18 from 1% in 2003 to 1.2% in 201315.
The new act brought some exceptional changes in the
existing juvenile law.
IV. OBJECTIVES OF THE ACT
The act aims to protect juvenile delinquents and
children in need of care and protection, by providing then
with proper care and protection and adopting a child-
friendly approach in the adjudication of matters which will
be in the best interest of children.
Its objectives are:
 To provide the basic principles for administrating justice
to a juvenile.
 Principle of presumption of innocence: it presumes the
child to be an innocent up to the age of 18 years.
 Principle of participation: it presumes that a child has a
right to be heard and it can take part in decision making
where his interest is affected by that decision.
 Principle of dignity and worth: it means every child has
an equal right to be treated with dignity.
 Principle of best interest: all the decisions regarding the
children should be in their best interest and should help
them in their overall development.
 Principle of safety: the state has a role in ensuring that
every child is safe and protected against abuse and harm
by giving them accurate care and protection.
 Principle of family responsibility: family has the primary
responsibility to provide care and protection to the child
and giving them a right guidance so that their child does
not become an accused of any crime.
 Positive measures: resources of a family and a
community should be mobilised for promoting the well-
being of a child and to facilitate their development of
identity.
 Principle of non-waiver of rights: waiver of any right of
the child is not permissible or valid in the eyes of law.
 Principle of equality and non-discrimination: child
should not be discriminated on the grounds of sex, caste,
12
Available at
https://indiankanoon.org/doc/57145403/.
13
Available at
http://www.livelaw.in/accused-shakti-mills-gang-rape-case-
held-guilty/.
14
The juvenile justice (care and protection of Children)
PARLIAMENT OF INDIA RAJYA SABHA TWO
HUNDRED SIXTY FOURTH REPORT juvenile justice
(care and protection of children) Bill, 2014.
15
Apoorva Shankar, The juvenile justice bill, 2015: All you
need to know, The official blog site of PRS Legislative
Research (2015).
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Volume 1, Issue 1, August - 2018
place of birth, disability and equal opportunity and
treatment should be provided to them.
 Principle of right to privacy and confidentiality: every
child shall have the right to privacy throughout the
judicial process.
 Principle of fresh start: it signifies that there will be a
new beginning in the child’s life so all its past records
under juvenile justice system should be erased.
 Principle of natural justice: every child has the right to a
fair hearing and a right against biasness16.
 To provide a child with a justice system that is focused
on its development needs rather than a criminal justice
system as applicable to adults.
Every child needs special safeguards, care and
appropriate legal protection by reason of his physical and
mental immaturity, before as well as after birth.
 To set the uniform age line for both girls and boys to be
the age of eighteen. According to the experts of child
psychology, children below the age of eighteen years
who are in conflict with law could still be redeemed and
restored to the society, rather than becoming hard
criminals. The scientific data regarding the brain
indicates that brain continues to develop and children
continue to grow till they attain the age of eighteen years.
This is the point of time where they can be held solely
responsible for their actions.
 To mandate the role of the state as a facilitator, rather
than simple involvement in voluntary organisations for
the implementation of the proposed legislation. Children
are not only the responsibility of their parents. It is also
the responsibility of a state to take care of children as
they are their future assets; and a child who performs a
crime not only becomes a liability for his parents but also
for the state.
 To provide for various alternatives for rehabilitation
such as adoption, sponsorship, foster care and after care
of an abandoned, neglected and delinquent juvenile and
child17.
 The primary responsibility to provide care and protection
to a child lies upon his family18, so adoption is an
alternative for the rehabilitation of a child who is an
orphan, surrendered and abandoned through such
mechanism as may be prescribed. A child may be given
for adoption by the court as per the provisions of the
guidelines issued by the state government, as well as the
central government from time to time.
 For infants who are ultimately to be given for adoption,
foster care becomes an alternative for their temporary or
permanent placement19, which depends upon the
circumstances of usual or eventual visit of the child’s
own parent for the return of the children in their own
homes20.
 State has the responsibility to facilitate the development
of every child so they carry various sponsorship
16
Section-3.
17
Section 28.
18
Section 41(1).
19
Section 42(1)
20
Section 42(2).
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 International Journal of Economics, Commerce and Management Research Studies
programmes for the medical, educational, nutritional and
other needs of children. It improves their quality of life 21.
 Each juvenile or child is kept in after care organisations
before discharge from the special home or children’s
home to determine his progress. No juvenile or child can
be kept in an after care organisation for more than three
months22.
 To provide for the mechanism of speedy disposal of
cases concerning children or juveniles as enshrined
under Article 21 of the Constitution of India. In Sheela
Barse v. Union of India23, the court held that when a
juvenile is convicted for an offence punishable with
imprisonment up to 7 years, then investigation has to be
completed within 3 months of filing the FIR otherwise
the matter will be closed. The right of speedy trial
provided under Article 21 should not be violated.
V. JUDICIARY ACTIVISM
Judiciary has played a vital role in protecting the rights
of the juveniles. One of the landmark cases where Supreme
Court came forward to protect the rights of the children is
Sheela Barse v. Union of India24.
In this case, one of the dedicated social workers helped
children below the age of 16 years who were illegally
detained in jails. She filed a petition for the release of such
children from jails. The court observed that children are a
national asset and so they are entitled to be treated with
special care. Hence, the court urged for the establishment of
juvenile homes for the children.
VI. CRITICISM OF JUVENILE JUSTICE
ACT, 2015
Due to the frightful incident of the Nirbhaya rape case
in Delhi25, the media has been excessively focused on
children involved in the commission of serious offences.
Instead of paying more attention to the ages of juvenile
delinquents and their punishments, the government of India
should first take care of the crores of children who are in
need of care and protection. Many of them suffer from
malnutrition, and some become the victim of child labour.
This is the reason why they end up committing crimes to
fulfil their basic needs. Everybody is aware about the
National Crime Records Bureau statistic, which says that
juvenile crime has increased from 1% in 2003 to 1.2% in
2013. But there is one more data which fewer people are
aware about:
 The reports of National Crime Records Bureau in 201326
showed that, out of the total children who were arrested
for the commission of offences in India, 87% of them
had education less than matriculation and 77.5% of them
21
Section 43(1).
22
Proviso to section 44.
23
(1989) 3 SCC 596.
24
(1989) 3 SCC 596.
25
See note 12.
26
Available at
www.nhrbc.org.za.
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Volume 1, Issue 1, August - 2018
came from families having income less than 50,000/per
annum. So, if the state works more in these areas by
providing basic facilities to each and every child, and
helps in their overall development, then there will be less
crimes and less requirement for the stricter laws.
 Only 3 out of one lakh children were arrested between
the years 2003 to 2013. So the contribution of juvenile
delinquent has remained almost static from 1% in 2003
to 1.2% in 2013. Additionally, these 1.2% juveniles are
only those who have been arrested, not convicted. Hence,
it is only a myth that the reason for the implementation
of Juvenile Justice Act, 2015 was due to increase in
juvenile delinquency.
VII. CONCLUSION
An old proverb says, “It takes a village to raise a child
and there are no such thing as other people’s children.” The
poet, Khalil Gibran rightly said, “Our children are not our
children, they are the sons and daughters of life, longing for
it.27” We together have to take steps in order to save children
from falling into the trap of crime. Rehabilitation is an
important objective of society. Executive as well as
legislature should see that women and girls are safe
wherever they go, as well as try to remediate the
circumstances of juveniles, so they do not perform crimes. It
is to be kept in mind that a child is not born a criminal but
circumstances make them so. We have to seriously observe
the changing trends of behaviour among children and guide
them in such a manner that they get full opportunity to enjoy
their childhood, build their career, and ultimately turn out to
be a good human being. The goal should be to move towards
an egalitarian society of high order. A child of negative
personality must be transformed to a positive one so that
they become an asset for their parents as well as the country.
REFERENCE
[1]. Juvenile Justice Act 1986.
[2]. Juvenile Justice (care and protection of children) Act,
2000.
[3]. Juvenile Justice (care and protection of children) Act,
2015.
[4]. National Crime Bureau (NCRB), 2003 and 2013 available
at www.nhrbc.org.za.
[5]. Shruti D.K. 2017.A Critical Analysis of Juvenile Justice
Act and System in India. Journal of Political sciences and
public affairs.
[6]. NIZAM AZEEZ SAIT. 2016. Juvenile Justice Act, 2015;
An emotional aftermath of the dreaded ‘Nirbhaya
Incident’; a step backward. Available at
https://www.livelaw.in/juvenile-justice-act-2015-
emotional-aftermath-dreaded-nirbhaya-incident-step-
backward/.
[7]. Krishna Pal Malik. 2012. Administration of Juvenile
Justice system in India. (juvenile in conflict with law).
Allahabad Law Agency. Allahabad.
27
Available at
www.katsandogz.com/onchildren.html.
87