Sandeep Maurya, Research Paper

A Critical Analysis of
the Juvenile Justice

System in India
Sandeep Maurya 9th sem
ABSTRACT
This research paper provides a
comprehensive critical analysis of the
Juvenile Justice System in India,
examining its legal foundations,
historical development, strengths,
weaknesses, and the challenges it
faces. The paper evaluates the
implementation of the Juvenile Justice
(Care and Protection of Children) Act,
2015, and other legal reforms aimed
at ensuring the protection and
rehabilitation of children in conflict
with the law. Additionally, it discusses
the societal perceptions of juvenile
delinquency and the practical
implications for the juvenile justice
process, highlighting the need for
reform and
modernization in line with
international standard.
INTRODUCTION-:
DEFINITION OF
JUVENILE
JUSTICE -Juvenile
justice is a legal system
that deals with crimes
committed by minors,
typically those under the
age of 18. The goals of
juvenile justice are to:
Ensure public safety,
Rehabilitate young
offenders, Prevent future
criminal behavior, and
Help young offenders
become productive
members of society.
Juvenile justice systems
are designed to provide
more comprehensive
support than adult
criminal justice systems,
including:
Education, Counseling,
Family support, Therapy,
Educational programs,
and Community service.
OVERVIEW OF
JUVENILE JUSTICE
SYSTEM IN INDIA -In
recent times, there has
been a global movement
advocating for special
treatment of juvenile
offenders, including in
developed countries like
the U.K. and U.S.A. This
movement originated
around the 18th century.
Before this movement,
juvenile offenders were
treated the same as adult
criminals.
In recognition of the need

to protect the rights of
juvenile offenders, the
United Nations General
Assembly adopted the
Convention on the Rights
of the Child on November
20, 1989. This
convention aims to
safeguard the best
interests of juvenile
offenders and states that
there should be no
judicial proceedings and
court trials against them
in order to promote their
social reintegration.
Literature
Review:
Historical
Development:
In recognition of the need
to protect the rights of
juvenile offenders, the
United Nations General
Assembly adopted the
Convention on the Rights
of the Child on November
20, 1989. This
convention aims to
safeguard the best
interests of juvenile
offenders and states that
there should be no
judicial proceedings and
court trials against them
in order to promote their
social reintegration.
In response to this
convention, the Indian
Legislation repealed the
Juvenile Justice Act of
1986 and introduced a
new law called “The
Juvenile Justice (Care and
Protection of Children)
Act, 2000.”
International
Framework: In the
United States of America,
the juvenile justice
system was first
established in 1899 in
Cook County, Illinois,
which had a rehabilitative
approach.
The original juvenile
justice system believed
that youth commit crimes
due to immaturity and
impulsivity. So instead of
viewing offensive
juveniles as criminals,
the juvenile system in
the US engaged in their
rehabilitation. The
framework accepted that
these adolescents can be
changed to decent
residents.
Legal
Framework:
Juvenile Justice
(Care and
Protection of
Children) Act,
2015:
The Juvenile Justice Act of
2015 replaced the
Juvenile Justice Act of
2000 in order to establish
a more robust and
effective justice system
that incorporates both
deterrent and
reformative approaches.
The new act recognizes

that the approach
towards juveniles should
be different from that of
adults. It emphasizes the
need to provide juveniles
with space for
transformation,
reformation, and
improvement, which
requires a specialized
justice system.
Role of juvenile
Justice Board –
The Juvenile Justice Board
(JJB) plays a central role
in the Juvenile Justice
System in India. It is a
specialized body
established under the
Juvenile Justice (Care and
Protection of Children)
Act, 2015, to ensure that
children in conflict with
the law are treated
according to their age,
needs, and rights. Here’s
a detailed look at the role
and functions of the
Juvenile Justice Board:
1. Composition of the
Juvenile Justice Board
2. Jurisdiction and
Responsibilities
3. Rehabilitation and
Social Reintegration
4. Protection of Children
from Adult Criminal
Justice System
RIGHTS OF THE
JUVENILE
OFFENDERS –
1.Rights Of Juvenile
Offenders
2.Right to a lawyer
3.Right to cross-examine
witnesses.
4.Right to provide
evidence to support
one’s own case.
5.Right to remain silent.
6.Right to an appeal.
7.Right to a transcript of
a trail (written copy of
the trail).
8.Right to have fair and
speedy trails.
9.Right to have no juries
in juvenile cases.
10.Right to have parents
and guardians present at
hearing.
CHALLENGES
QND ISSUES IN
THE JUVENILE
JUSTICE SYSTEM
IN INDIA
Legal Framework
and Policy Gaps:
Despite progressive laws
like the Juvenile Justice
(Care and Protection of
Children) Act, 2015, there
are significant gaps in
policy and enforcement.
One major issue is the
inconsistency in the
implementation of these
laws across different
states, which leads to
unequal treatment of
juvenile offenders.
Additionally, there is
often a lack of clarity in
the roles and
responsibilities of various
stakeholders involved in
the juvenile justice
system, from law
enforcement to child
welfare committees.
Inadequate
Rehabilitation
Facilities:
Rehabilitation is a
cornerstone of juvenile
justice, aiming to
reintegrate young
offenders into society as
productive members.
However, India faces a
severe shortage of
facilities that are
equipped to provide
proper rehabilitation
services. Many existing
facilities are
overcrowded,
underfunded, and lack
the necessary resources
and trained staff to
address the psychological
and educational needs of
the juveniles.
CASE STUDIES-:
1.In the case of Satya
Deo v. State of Uttar
Pradesh, it was held that
a child should not be
denied the right to be
treated as a juvenile at
the time of the
commission of an offence
if they were under the
age of 18, even if the
offence occurred before
the implementation of
the Juvenile Justice Act of
2000. Section 25 of the
Juvenile Justice Act, 2015
states that the 2000 Act
will continue to apply to
cases that were pending
prior to the passage of
the 2015 Act.
2.In the case of Kakoo v.
Union of India, the
Supreme Court reduced
the prison sentence of a
13-year-old boy who had
raped a 2-year-old girl.
The court considered

Sections 83 and 84 of the
IPC, which specify that
juveniles cannot be
treated as adults. It is
well-established in law
that when dealing with
juveniles, the court must
take into account both
reformative and
humanitarian
perspectives.
Reforms and
Recommendatio
ns:
Recommendations for
Improving Juvenile
Justice in India:
Propose strengthening
juvenile courts and
Juvenile Justice Boards.
Advocate for more
educational and
vocational training
programs within juvenile
homes.
Suggest reforms in police
handling of juveniles and
the need for child-
sensitive policing.
Promote community-
based rehabilitation over
institutionalization.
Call for better
coordination between the
judiciary, social workers,
and child welfare
agencies.
Conclusion
The Juvenile Justice
System aims to provide
special treatment and
protection for juvenile
offenders based on the
understanding that
children are not fully
mature like adults and
may not fully
comprehend the nature
and consequences of
their actions. The system
focuses on reform and
rehabilitation rather than
punishment, considering
the child’s best interests.
References:
Academic papers, books,
and articles on juvenile
justice in India.
Official reports from the
Ministry of Women and
Child Development,
Government of India.

Sandeep Maurya, Research Paper

Uploaded by

Copyright:

Available Formats

Sandeep Maurya, Research Paper

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Sandeep Maurya, Research Paper

Uploaded by

Copyright:

Available Formats

A Critical Analysis of

the Juvenile Justice

In recognition of the need

The new act recognizes

The court considered

You might also like