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JUVENILE JUSTICE SYSTEM: NATIONAL AND

INTERNATIONAL PERSPECTIVE
“There can be no keener revelation of a society’s soul than the way in which it treats its
children.” - Nelson Mandela

CHAPTER- I
INTRODUCTION

Childhood is an age of innocence, vulnerability and an age which is best suited for molding
an individual’s personality. It is a time to provide for adequate socialization to integrate the
child to the ways of the world. Also, a child needs love, care and protection. Because, a child
is also a part of the society in which he lives. Due to his immaturity, he is easily motivated by
what he sees around him. It is his environment and social context that provokes his actions.
Hence, every government must formulate laws and policies which are child friendly and
which are sensitive to their needs. Therefore, Juvenile legislation attempts to cure his illness
by treating the juvenile without doing anything to treat the causes of the illness.
The Indian Constitution provides a frame-work within which provisions are available
for protection, development and welfare of children. Art. 39 of the Directive Principles of
State Policy guarantee that ‘the state shall, in particular, direct its policy towards securing
that the health and strength of workers, men and women, and the tender age of children are
not abused, and that citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength, that children are given opportunities and facilities to develop
in a healthy manner, and in conditions of freedom and dignity, and that childhood and youth
are protected against exploitation, and against moral and material abandonment’. Also, art. 23
prohibit traffic in human beings and forced labour in all its forms and art. 24 also prohibit
child labour in hazardous industry. Art. 45 and 47 also impose a primary responsibility on the
government to ensure that the needs of the children are meant1
Despite the Constitution’s vision of a healthy and happy child- protected against
abuse and exploitation, and a National Policy for Children – the majority of children in India
continue to live without a childhood. The juvenile justice system as conceived by legislation,

1
Walikhanna Charu, Rao Nandita, Supreme Court And High Court Judgements (New Delhi : Serials
publications, 2005) (289

1
aims at providing care, protection, treatment, development, and rehabilitation of delinquent
and neglected juveniles2.
It was the first central legislation on juvenile justice was passed in 1986, by the Union
Parliament, thereby providing a uniform law on juvenile justice for the entire country. Prior
to this law each state had its own enactment on juvenile justice with there being differences in
the way juveniles were treated by different state legal systems. However, the matter of the
research is the Juvenile Justice Act of 2015 (JJA) which was gazetted on 22 December 2015,
and became law on 15 January 2016. The enactment, drawn up on the initiative of Maneka
Gandhi, Union Minister of State for Social Justice and Empowerment, replaces the Juvenile
Justice Act, 1986. Specifically, the Convention on the Rights of the Child (1989), the Beijing
Rules (2013), Riyadh Rules (1991) and UN Rules for Juveniles Deprived of their Liberty
(1990) are internalized within the framework of the enactment.
According to the United Nations Convention on the Rights of the Child, “States
Parties recognize the right of every child alleged as, accused of, or recognized as having
infringed the penal law to be treated in a manner consistent with the promotion of the child's
sense of dignity and worth, which reinforces the child's respect for the human rights and
fundamental freedoms of others and which takes into account the child's age and the
desirability of promoting the child's reintegration and the child's assuming a constructive role
of society.”
The term “juvenile justice” refers to legislation, norms and standards, procedures,
mechanisms and provision, institutions and bodies specifically applicable to juvenile
offenders. However, juvenile justice is understood to not just cover the treatment of children
in conflict with the law. It also includes efforts to address the root causes of offending
behaviour and implement measures to prevent such behavior.
The concept of juvenile justice was derived from a belief that the problems of juvenile
delinquency and youth in abnormal situations are not amenable to resolution within the
framework of the traditional processes of criminal law. The Juvenile justice system,
therefore, is not designed to respond to the needs of young offenders only. One principal role
of the Juvenile Justice system has been to provide specialized and preventive treatment
services for children and young person’s as means of ‘secondary prevention, rehabilitation

2
Ved Kumari; “The Juvenile Justice System in India”; Oxford University Press, (2004).

2
and improved socialization.3 During the seventh UN Congress on the prevention of crime and
the Treatment of Offenders , three approaches to juvenile justice were identified 4, namely ,
the due process model , the welfare or parens patriae model, and the participatory model.
The due process model places justice for juveniles in the protection of substantive and
procedural rights of young persons involved with legal processes. The welfare or parens
patriae model considers juvenile justice primarily in term of interventions that foster the
economic and social well-being of young persons, in contact with the legal system. And the
participation model views juvenile justice as requiring the active participation of the
community in containing the harmful behavior of young persons, the integration of
marginalized youth or young offenders into the mainstream of social life, and the
minimization of formal legal intervention.
Like most of the other juvenile justice systems, the Juvenile Justice System in India
too cannot be described entirely in term of one of these models but rather in term of a
combination of them, with features from the welfare, modified justice, justice and crime
control models. As in the crime control and justice models, the law in relation to delinquent
children in India focuses on their criminal offences; and police, lawyers, and judges are the
prime actors. There is possibility of punishment also, even though only in exceptional
circumstances. For children in need of care, the law is closer to the welfare and modified
justice models, allowing comparatively more but not complete informality in processes,
doing away with lawyers and judicial officers and involving child care experts focusing on
their development, growth, and social reintegration.
The word juvenile is derived from the Latin word ‘Javanese’ meaning child. The
juvenile justice act defines a juvenile as an individual below the age of 18 years. The ambit of
the juvenile justice system under the act envisages a two pronged approach for children in
conflict with law and those who require care and protection. The juveniles in conflict with
law include juvenile delinquents who have engaged in a deviant behavior.
To fulfill the purpose of the juvenile justice system, Child Welfare Committee and
Juvenile Justice Board have been created to deal with child in need of care and protection and

3
‘Juvenile Justice : Before and After the Onset of Delinquency, working paper prepared by the Secretariat ,
Sixth UN Congress on the Prevention of Crime and the Treatment of offenders, Caracas, Venezuela, p.6(25
August to 5 September 1980), A/CONF.87/5 , June 1980.
4
‘Youth Crime and Justice, working paper prepared by the Secretariat, Seventh UN Congress on the Prevention
of Crime and the Treatment of Offenders , Milan, Italy, p.6 (26 August to 6 September 1985) A/ CONF. 122/7,
17 April 1986.

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children in conflict with law. Through preliminary assessments of JJB operation the working
of the JJB has been highlighted concerning the protection of rights of children in conflict with
law.
The development of a dedicated, specialized child-centric juvenile justice arm of the
judiciary working in partnership with specialized juvenile focused social work practitioners
who have the competence for executing juvenile case inquiries is critical in meeting the
objectives of the JJB. Inclusion of two social workers in the Juvenile Justice Board is a new
step in making the Juvenile Justice System more sensitive and child friendly. As such
appropriately conducted selection and appointment protocols and training provision which
addresses the needs as well as appropriate methods of delivery for these groups is essential.
Currently procedural process is largely conducted by default as per the CrPC
framework, which is distinctly at odds with a specialized, child-centric system focused on
rehabilitation and family restoration as its primary objective. The above procedural elements
encompass rules of evidence, inquiry setting and hearing protocols, charge sheet filing and
social investigation reporting, determination of age; bail provisions, legal aid, probation and
detention disposition and family notification processes.
Studies of the Juvenile Justice Board in the city of Bhopal show that children
committing crimes, as well as others taken charge of in order to prevent the commission of
crimes, are not being the promised care. Powers of the Juvenile board is exercised without
any special training in child psychology or child welfare.
The two social workers, who were required to assist the magistrate under the JJA,
have now been made part of the Board. This provision, if implemented in letter and spirit, has
the potential to convert the legal and technical nature of the proceedings of the Board into
care and welfare proceedings. It is essential; therefore, that the two social workers should
ensure their presence on the date of final disposal in every case to give effect to this
significant change in the approach of the JJ (C&P) Act. But the most efficient and committed
adjudicatory body cannot protect the best interest of the juveniles without whole penal of the
board, adequate community support and casework services.
1.1 JUVENILE JUSTICE SYSTEM – WORKING
It was widely perceived that even the 2000 act did not achieved what it set out to do and that
the justice delivery system for juveniles continues to suffer from neglect and apathy. For
instance, empirical studies indicated that there were extensive delays in the disposal of cases
on the account of the omission to constitute juvenile justice boards in many districts.
Furthermore, monitoring by voluntary sector organizations regularly indicated that the

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infrastructure in many of the government run homes where the children are kept does not
meet the minimum standard required for a humane living. Such reports prompted the
Parliament to intervene again and an amendment was made to the act in 2006, with the
primary intent of speeding up the administration of justice for juveniles. Due emphasis was
also placed on the integration of children from deprived sections into the social mainstream.
The amendment also reflected the legislature’s concern that the various duties and
responsibilities cast on state governments by the 2015 Act were not being met and many
states had not framed the requisite rules under the same. This concern was addressed by
inserting a proviso to section 68, wherein the ‘Model Rules’ that were to be framed by the
central government were made applicable to the states until such point of time that the state
governments made rules which were to be in conformity with the Central Model Rules.
Subsequently, the Model Rules were framed by the central government in 2007. They
prescribe and restate the fundamental principles involved in the administration of Juvenile
Justice and the protection of Children – such as the ‘presumption of innocence’, ‘principle of
dignity and worth’ , reference to the ‘best interests of the child’, principle of ‘family
responsibility, positive measure, principle of repatriation and restoration, and the idea of
‘fresh start’ among others. These principles are to be borne in mind by all the concerned
stakeholders while discharging their duties under the act. In spite of, having such a
comprehensive legislation in place, it is often felt that there is an inherent risk of violation of
children’s rights within the Juvenile Justice System. This can be attributed not only to the
weak implementation of the legislation but also to poor awareness about the same amongst
the various authorities and stakeholders. There have been numerous reports to the effect that
children ‘in need of care and protection’ continue to languish in poorly managed institution,
while children who come in conflict with the law continued to be treated as criminals.
Therefore one cannot understate the need to have a ‘child friendly’ juvenile justice system
with appropriate procedures and protocols in place for police, prosecutors, judges, probation
officers and home staff- all of which are crucial to ensure the protection of the child rights
and to ensure that the system works in the best interest of the child. In our country, there is
not much awareness about concepts such as ‘diversion and restorative justice’. Diversion
schemes related to a policy choice where in cases involving juveniles are death by bodies
other than the formal court system, in order to avoid the stigmatization and trauma associated
with judicial proceedings. Diversion of children from justice system needs to be combining
with community based programs involving families of the offenders, so as to ensure proper
rehabilitation and avoid repeat offences. Strategies oriented round the idea of restorative

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justice, through the involvement of the child, family, community and the victim provide
juveniles the opportunity to develop their individual capacities and contribute to society.
Improvement of the juvenile justice system is a gradual process that requires intensive and
continua follow up as well as long term commitment rather than the series of ‘ad-hoc’
exercises ‘knee-jerk’ responses. It is vital for the authorities involved in the juvenile justice
system to build affective partnership with civil society. Non- Governmental Organization
(NGOs) have the capacity to provide community based life skills programmers, group
counseling, community work opportunities, and open ‘Custody Group Homes’ to children in
conflict with law. In this regard, the juvenile justice system should be there to make an
effective contribution to the cause of improving the standards of the justice delivery for
children.
1.2 FUNDAMENTAL PRINCIPLES
The fundamental principle of Juvenile Justice System has been laid down in Rule 3 of
Juvenile Justice (Care and Protection of Children) Rule 2007. The state government , the
Juvenile Justice Board, the Child Welfare Committee and other competent authorities or
agencies while performing their duties shall abide and be guided by these principles. These
principles are:
 Principle of presumption of innocence:
A juvenile in conflict with law is presumed to be innocent of any malafide or criminal
intent up to the age of eighteen years. The basic components of presumption of
innocence are:
(a) Age of innocence;
(b) Procedural protection of innocence; &
© Provisions of legal aid and guardian ad litem
 Principle of dignity and worth:
Treatment that is consistent with the child’s sense of dignity and worth is a
fundamental principle of juvenile justice. The juvenile’s right to dignity and worth has
to be respected and protected throughout the entire process of dealing with the child
from the first contact with law enforcement agencies to the implementation of all
measures for dealing with the child.
 Principle of Right to be heard:
Every child’s right to express his views freely in all matters affecting his interest shall
be fully respected through every stage in the process of juvenile justice.

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 Principle of Best Interest:
In all decisions taken within the context of administration of juvenile justice, the
principle of best interest of the juvenile in conflict with law shall be the primary
consideration.
 Principle of family responsibility:
The primary responsibility of bringing up children, providing care, support and
protection shall be with the biological parents. However, in exceptional situations, this
responsibility may be bestowed on willing adoptive or foster parents.
 Principle of safety:
At all stages, from the initial contact till such time he remains in contact with the care
and protection system, and thereafter, the juvenile shall not be subjected to any harm,
abuse, neglect, maltreatment, corporeal punishment or solitary or otherwise any
confinement in jails and extreme care shall be taken to avoid any harm to the
protection.
 Principle of non-stigmatizing semantics, decisions and actions:
The non-stigmatizing semantics of the Act must be strictly adhered to, and the use of
adversarial or accusatory words, such as, arrest, remand, accused, charge sheet, trial,
prosecution, warrant, summons, conviction, inmate, delinquent, neglected, custody or
jail is prohibited in the processes pertaining to the juvenile.
 Principle of non-waiver of rights:
No waiver of rights of the juvenile, whether by himself or the competent authority or
anyone acting or claiming to act on behalf of the juvenile, is either permissible or
valid. Non-exercise of a fundamental right does not amount to waiver.
 Principle of equality and non-discrimination:
There shall be no discrimination against a juvenile on the basis of age, sex, place of
birth, disability, heath, status, race, ethnicity, religion, caste, cultural practices, work,
activity or behaviour of the juvenile or that of his parents or guardians, or the civil and
political status o the juvenile.
 Principle of right to privacy and confidentiality:
The juvenile’s right to privacy and confidentiality shall be protected by all means and
through all the stages of the proceedings and care and protection processes.
 Principle of last resort:
Institutionalization of a juvenile shall be a step of the last resort after reasonable
inquiry and that too for the minimum possible duration.

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 Principle of repatriation and restoration:
Every juvenile has the right to be re-united with his family and restored back to the
same socio-economic and cultural status that such juvenile enjoyed before coming
within the purview of the Act.
 Principle of Fresh Start:
The principle of fresh start promotes new beginning for the juvenile by ensuring
erasure of his past records.
 Positive measures:
Provisions must be made to enable positive measures that involve the full
mobilization of all possible resources, including the family, volunteers and other
community groups, as well as schools and other mainstream community institutions
or processes, for the purpose of promoting the wellbeing of the juvenile through
individual care plans carefully worked out.

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CHAPTER- II
JUVENILE DELINQUENCY; CONCEPT, THEORIES AND CAUSES

Prescribing different treatment for juvenile offenders is an offshoot of the new penology,
which came to be applied with the realization the Courts. Erstwhile system exposed
delinquents to contamination due to incarceration with other criminals. The nation’s future
citizens deserve compassion and best care. A child is absolutely born innocent but certain
social and environmental factors in a negative aspect diverge their minds towards criminal
tendencies, whose removal might mould them into a person of stature and excellence.
We all know that Children are the assets and wealth of any nation. A healthy environment
should be provided to all children so that they become civilized citizens who are physically
fit, socially active and mentally conscious, equipped with all skills and active participation
required by the society. For reducing inequality and ensuring social justice an equal
opportunities for development to all children should be given, which consecutively would
work as an effective measure to prevent children from becoming delinquent in any society.
There is a general attitude towards children to behave obediently, show respect towards
others and imbibe behaviour having high moral values but due to various circumstances
children are being diverted from social and general command.
Recently, juvenile delinquency has become an important aspect of criminology.
Juveniles have got serious forms of delinquent behavior which may hamper the stability and
social command of our society. The deviant behavior of the juveniles has created social
disorder and destruction of moral values which is creating an alarming position in organized
society. The word “delinquency” has its origin from the Latin word “delinquere” which
meaning de i.e. “away and linquere” i.e. “to leave thus, mean by to leave or to abandon”.
Initially, the word was having primarily meaning and applied to those parents who have
abandoned and neglected their children. Now days, it is applicable on all those children who
are involved in illegal and harmful activities.
Juvenile is considered as a child who has not completed a specific age as mentioned
in the law of any country and doesn’t bear resemblance as an adult person and who can be
made legally answerable for his criminal activities. The juvenile is a child who has alleged
violated certain laws which declares his act or omission as an offence. A juvenile and a minor

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are used in different perspective in legal terms. The term juvenile is generally used in
reference to a young criminal offender and minor is related to legal capacity of a person.5
In United States of America, every state has the authority or jurisdiction to determine the age
of juveniles who is living within its own territory or jurisdiction; because in the USA
different states have different age criteria with regard to offence committed by the juveniles.
But most of the states concur with maximum age set in the standards 1976.6 Under federal
govt., “a person under the age of 21 years can be considered as juvenile delinquent for
committing any offence but in some other States age limit is under 12 years or under 18
years. In majority of the States there is no lower age limit set for litigating child as a
delinquent, in the Mississippi it is 10 and in the New York it is set as 7 years”.
2.1CONCEPT OF JUVENILE DELINQUENCY
The term ‘juvenile delinquency’ has been differently interpreted but, generally speaking, it
refers to a large variety of behavior of children and adolescents which the society does not
approve and for which some kind of admonishment, punishment or preventive and corrective
measures are justified in public interest. Use of the word juvenile should be clearly
understood to refer to a legal classification that is established within the parameters of culture
and social custom.7 The word ‘juvenile’ has been derived from Latin term ‘Javeniles’
meaning thereby young. The term delinquency has also been derived from the terms do
(away from) and liquor (to leave). The Latin imitative ’delinquents’’ translated as to emitinist
original, earliest sense. It was apparently used time to refer to the failure of and individual to
perform a task or duty. Cohen observed that the only possible definition of delinquency is one
that relates to the behavior in question to some set rules and observes that all children without
exception must in the course of development have recourse to violent conduct. Most children
adopt themselves with varying degrees of difficulty to the rules observed by their elders. The
child grows up with distorted notion of what is right and wrong.8 The term ‘delinquent’
describes a person guilty of an offence against the customs. The concept of delinquency has
been viewed differently by various authors. According to Tappan, there are two kinds of
delinquency:
(a) The adjudicated delinquents, who have been processed through the courts and

5
the Black Dictionary of Law
6
Standards and Goals.1976
7
Gus Martin, Juvenile Justice Process and System, London, 2005
8
Albert K. Kohen, Delinquent Boys, The Culture of Gangs, The Free Press,1955

10
(b) ‘In official delinquents’ who are handled officially by the police, court and other agencies.
Delinquency and crime are inter related to each other and could not be comprehended without
understanding of other.9
Ruth Cavan describes the delinquency as “A delinquent child is one who, by habitually
refusing to obey the reasonable and lawful authority, is deemed to be habitually uncontrolled,
habitually disobedient or habitually is a truant from home or school, or who habitually so
deports himself as to injure or endanger the moral, health or welfare of himself or others 10.
The second United Nations congress on the prevention of crime and the treatment of
offenders, held in London in 1960, considered the scope of the problem of juvenile
delinquency. Without attempting to formulate a standard definition of what should be
considered to be juvenile delinquency in each country, the congress recommended:
(a) That the meaning of the term juvenile delinquency, should be restricted as for as possible
to violation of criminal law, and
(b) That even for protection, specific offences which would penal is small irregularities or
maladjusted behavior of minoveds but for which adults would not be prosecuted should not
be created.
The need was also felt in USA for narrowing the extent of juvenile delinquency and
Standard Juvenile Court Act avoided most of the items of delinquency cited in the list of
Rubin. The standard Act included in its provisions what correspond to the usual delinquency
definition; only two items in addition to violation of law or ordinance. These items are a child
“who deserts his home or who is habitually disobedient or is beyond the control of his parents
or other custodian; and who, being required by law to attend school, willfully violates rules
thereof or absent himself there from.
Walker has stated that delinquency refers to acts that violated at state law or
municipal ordinance by youth of juvenile court age or to conduct so seriously anti-social as to
interfere with the rights of others or to menace to the welfare of the delinquent himself or for
the community. Criminality can lead to arrest conviction, or incarceration for adults, while
delinquency is related to juveniles committing unlawful acts.11
There are two reasons for concentrating on delinquency. As long ago as 1895 the
Gladstone committee in the U.K recognized that the juvenile delinquent of today is the
hardened and persistent adult criminal of tomorrow. By this hypothesis, if juvenile

9
J.P.S. Sirohi, Criminology & Penology,by Allahabad Law Agency, 2008
10
R. S. Cavan, Delinquency and Crime Cross-Cultural Perspective, J. B. Lippincott Co. Philadelphia, 1968
11
Prof. Umesh Kumar, Applied Criminology, Anmol Publications Pvt. Ltd. New Delhi

11
delinquency could be understood and possibly prevented a large amount of adult criminality
could be preempted and prevented. The second reason for the preoccupation with juvenile is
simply its scale. The fastest raising criminal statistics since the second world have been for
this group which now accounts for over one third of all officially recorded crimes. The exact
type of menacing behavior have changed over the time, but in Britain have been personified
by such groups as Teddy Boys in the 1950s, muggers and football hooligans in the 1970s and
1980s and carjacking drug taking and selling in the 1990s.it was largely youths who were
involved in riots of the early 1980s.12 In England the Children’s Department of a local
authority, a police constable and officer of the National Society for the Prevention of Cruelty
towards Children must bring child before a juvenile court if they have reasonable grounds for
believing him to be in need of care, protection or control on any of the following grounds.
That the juvenile is not receiving such care, protection and guidance, as a good parent may be
reasonably expected to give and In addition good parent may be reasonably expected to give,
and addition.
(i) That he is falling into bad association or is being exposed to moral danger. Or
(ii) That the lack of care, protection or guidance is likely to cause him unnecessary suffering
to affect his health seriously or proper development;
(iii) That he has been the victim of a sexual offence or an offence involving bodily injury or
lives in the same household as a perpetrator of an offence of that kind against a juvenile and
(iv) That he is beyond his parents’ control
2.2JUVENILE DELINQUENCY IN INDIA
In India, the definition of Juvenile delinquency presents no such problems as are faced in the
‘USA’ and some other countries. The concept is confined to the violation of ordinary penal
law of the country so far as the jurisdiction of the juveniles who are in conflict with law and
children who are in need of care and protection is called Juvenile Justice (Care and Protection
of Children) Act, 2015. This law has replaced the earlier law governing juveniles and which
was known as Juvenile Justice Act, 1986 which was in conformity with the UN Standard
Minimum Rules for the Administration of Juvenile Justice (also known as Beijing Rules.
1985).
However, the Juvenile Justice (Care and Protection of Children) Act, 2015, which replaces
the Juvenile Justice Act, 1986 in primarily designed to give effect to the provisions of the UN
Convention on the Right of the child, 1989 (ratified by Indian Deccember,1992 ). The

12
Katherine S. Williams, Textbook on Criminology, Oxford University

12
Convention laid stress on social re-integration of child victims, to the extent possible, without
resorting to judicial proceeding.
“Juvenile” or “Child” means a person who has not completed eighteen years of age13. The
Act prescribes a uniform age for both boys and girls. Under the Juvenile Justice Act, 1986,
which was repeated by the Act of 2015, “juvenile” meant a boy who had not attained sixteen
years of age or a girl who has not completed eighteen years age. The question then is the date
that is to be reckoned for determining the age of the juvenile. Whether it is the date of
commission of the offence, or the date of arrest the Supreme Court has taken a liberal stand,
holding the age on the day of commission of the offence as the relevant age,
But some High Court had taken a view that age at the date of first trial was material for
determining the age. This view was supported by Supreme Court in case of Arnit Das vs
State of Bihar14 where the Supreme Court laid down that the crucial date for determining the
age of juvenile is the date when he is brought before the competent authority and not date of
commission of offence. It is almost a settled law that where an accused appears to be minor,
it is the duty of Magistrate to enquire into his age for possible eligibility under the Juvenile
Justice System. But in Pratap Singh vs. State of Jharkhand15, a three-Judge Bench of the
Supreme Court, while considering the question regarding the date on which age to be
determined As regards the general applicability of the Act, held that we are clearly of the
view that the relevant date for the applicability of the Act is the date on which the offence
takes place Children Act was enacted to protect young children from the consequences of
their criminal acts on the footing that their mind at that age could not be said to be mature for
imputing mens rea as in the case of an adult. This being the intention of the Act, a clear
finding has to be recorded that the relevant date for applicability of the Act is the date on
which the offence takes place. It is quite possible that by the time the case comes up for trial,
growing in age being an involuntary factor, the child may have ceased to be a child.
Therefore, Sections 3 and 26 became necessary. Both the sections clearly point in the
direction of the relevant date for the applicability of the Act as the date of occurrence. We are
clearly of the view that the relevant date for applicability of the Act so far as age of the
accused, who claims to be a child, is concerned, is the date of the occurrence and not the date
of the trial." After this decision a number of amendment introduced in Juvenile Justice (Care
and Protection of Children) Act 2000 by the amendment of august 22- 2006 (act 33 of 2006).

13
Sec 2(k) Juvenile Justice (care and Protection of Children) Act, 2000
14
(2000) 5 SCC 488
15
AIR 2000 SC 2731

13
The effect of the amendment in the act were considered by Supreme Court in Hari Ram vs.
state of Rajasthan & Another,16 where in the court held that Pratap Singh case is no longer
relevant since it was decided before the 2006 amendment. The Court further noted that
conjoint reading of section 2(K), 2(I), 7-A, 20, and 49 though read with Rules 12 and 98 of JJ
Act, makes it clear that all person who were below the age of 18 years on the date of
commission of the offence even prior to 1 April, 2001, would be treated as juveniles even
though the claim of juvenility was raised after they had attained the age of 18 years on or
before the date of commencement of the act and were undergoing sentence upon being
convicted.
Age Probes Can Be Treated as Proof In a direction that will benefit thousands of children
incarcerated in jails, the Delhi high court has linked birth registration system with the
juvenile justice administration to ensure that they get permanent birth certificates. The order,
once implemented, can ensure that age inquiries conducted by juvenile justice boards and
child welfare committees are treated as a birth record. Once such a record is available it will
be difficult for police to put children in jails meant for adults even as repeat juvenile
offenders won't be able to take advantage of the loophole in the JJ Act that prescribes a fresh
age inquiry every time an accused claims to be a minor. A division bench of Chief Justice G.
Rohini and Justice Rajiv Sahai recently held that age inquiry under Section 49 of the JJ Act
can be treated as a magisterial inquiry required under Section 13 of Birth and Death
Registration Act for the delayed registration of children without any certificate. HC came out
with the order after taking into account submissions of Bharti Ali of HAQ: Centre for Child
Rights and other stakeholders. Ali highlighted that a link between the JJ system and birth
registration system can ensure that every child has a birth certificate. Later, the National
Commission for Protection of Child Rights (NCPCR) held consultations and filed its report
backing the proposal. The commission stressed the need to put in place proper infrastructure
and tweaking of rules so that a database is maintained for age inquiries. The Delhi Legal
Services Authority too said that once the police has access to age declarations in their data
base they can verify if an arrested person is an adult or a juvenile, removing the current large
scale reliance on bone ossification medical tests which in any case has inbuilt ambiguity of
two years. HC disposed of the matter it took up suo moto in 2011 when it realized that
thousands of children had been put in jails meant for adults. It converted a letter by advocate

16
(2009) 13 SCC 211

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Anant Asthana into a PIL. In his letter Asthana cited information received under RTI
showing that in central jail No.7, 114 persons were shifted out to observation homes between
October 2010 to August 2011 after they were found to be juveniles. Asthana and the
HAQ foundation alleged that police has failed to find out if the accused is a juvenile or adult
at the time of arrest. In many cases, despite the family of the accused producing the birth
certificate to show the young age of the arrested person, police ignored the evidence and
acted only after age inquiry was conducted and it was ultimately found that the accused
person is a Juvenile17.
The Juvenile Justice (Care and Protection of Children) Act 2015 caters to the justice needs of
two types of children, namely, ‘Children in conflict with law’ and ‘Children in need of care
and protection’. The first group is of those who are in conflict with the law and have
committed any offence. Juvenile in conflict with law means a juvenile who is alleged to have
committed an offence and has not completed eighteenth years of age as on the date of
commission of such offence.18 They are to be dealt with as provided under Chapter II of the
Act. But under this Act a new provision has been included, which deals with those children
who need care and protection. Section 2 (d) of the Act defines a child in need of care and
protection as under:
(i) Who is found without any home, or settled place or abode and without any ostensible
means of subsistence?
(ii) Who resides with a person (whether a guardian of the child or not) and such person-
a. Has threatened to kill or injure the child and there is a reasonable likelihood of the threat
being carried out or,
b. Has killed, abused or neglected some other child or children and there is a reasonable
likelihood of the child in question being killed, abused or neglected by the person.
(iii) Who is mentally or physically challenged or ill children or children suffering from
terminal diseases or incurable diseases having no one to support or look after,
(iv)Who has a parent or guardian and such parent or guardian is unfit or incapacitated to
exercise control over the child,
(v) Who does not have parent and no one is willing to take care of or whose parents have
abandoned him or who is missing and run away child and whose parents be found after
reasonable inquiry,

17
The Times of India, New Delhi, 2 February, 2015
18
Sec 2(l) of Juvenile Justice (Care and Protection of Children) Act, 2000

15
(vi)Who is being or is likely to be grossly abused, tortured or exploited for the purpose of
sexual abuse or illegal acts.
(vii) Who is found vulnerable and is likely to be inducted into drug abuse or trafficking,
(viii) Who is being or likely to be abused for unconscionable gains,
(ix) Who is victim of any armed conflict, civil commotion or natural calamity?
The Indian position is obviously in consonance with the principle nullum crimen sine leg, and
recommendation of the UNO body on social defense.
2.3THEORIES OF DELINQUENCIES
The Psychologists, Psychiatrists, Lawyers, Philosophers and Sociologists have done various
studies to understand criminal behavior and have put forward many theories regarding this.
All thinkers first try to explain the crime and delinquency from their own prospective ways,
frequently it is based on an incomplete study of the problem. Now the thinkers are focusing
on juvenile conduct and juvenile legislations, because they have come to a conclusion that
delinquency and crime are interconnected to each other and could not be examined without
understanding of other. Many opinions, reasons and suggestions related to the cause of
delinquency have been printed in various sources, but they have hardly ever been
incorporated. Most of the theories regarding delinquency and crime suggest that they cannot
be explained in terms of one single informal factor19. Generally there are three major views
such as “Biogenic Theory, Psychogenic and Sociogenic”. Faulty biology of Juvenile
misconduct is the basis of biogenic approach. According to psychogenic approaches they are
diverse in nature. According to the Sociogenic theory there exist a relationship between
delinquency and the social structure of society. Some of the theories are briefly described
below.
(A) Biogenic Theory: Biogenic theory is based upon the conception that the natural body
structure of criminals is generally different from normal human beings. The criminality in a
human being is therefore a biological phenomenon, whose criminal tendency originates from
his physical character. „Cesare Lambroso‟ regarded as the founder of biogenic theory. He
declared a criminal is to be originated from an atavistic phenomenon, a biological throwback
which explains that the somatological characteristics of criminals resemble those of primitive
men20. Physical attributes separates the normal human being from the abnormal human being.
Among the physical theories of delinquency, the most important aspect was phrenology i.e.

19
Stephen Schafer Richard D. Kndten Juvenile Delinquency An Introduction Random House (1970) New
York
20
Lomboroso Cesare (1911) L. Uomo Delinquency. 1876, Translated with modification of Horbton, H.P.
(1911) as crime, its causes and remedies Modern Criminal Science Series No. 3 Boston, Little Brown.

16
the study of the conformation (size and built) of the skull. Gall (1758-1828) was a physician
in Vienna when he was a young medical student he noticed that “some of his fellows with
distinct characteristics had certain head configurations”. There arises a question in his mind,
why people in the world had “such different faces and different natures; why one person is
deceitful, another one is frank and a third one is virtuous”. When he tried to find out the
answers of his questions, he set up a goal of his life to observe and study each and every head
which he could find. After visiting various prisons and lunatic special homes to find the
bumps and inequalities of the skulls, he came to a conclusion that there exists a relationship
between head „Knobs‟ and character behavior, to which he gave different names. And after
that the phrenology launched itself upon the world which is eagerly waiting to receive it.
According to Cessare Lombroso, “there exists a group of criminals who are born
for an evil cause, against whom all social remedies break as against a rock.” According to
him criminality is in-born of a human being. Lombroso said “a typical criminal has certain
physical characteristics as low forehead, hairy body, red eyes, ear deformation, receding chin,
big and protruding jaws, and an extreme sensitivity or non-sensitivity to pain”. He was
serving as physician in the army where he observed that troublesome soldiers had certain
different physical characteristics which were missing in the others soldiers.
(B) Psychogenic Theory: Psychogenic theory is based upon the emotional physiology of the
delinquent. Hirschi stated that all theories are based on these aspects.
i Motivational theory, which describes that statutory desires that are in compliance with laws
if not satisfied may diverge a person into deviant behaviour.
ii Control perspectives – a person is free to commit delinquency acts because his ties to the
conventional is based on the cultural deviance which says that deviant conforms to set of
standards not accepted by a larger or more powerful society21.
Glueek and Glueek22 have held that “physically a delinquent is hostile in nature, defiant,
resentful, suspicious, Stubborn adventurous, unconventional and non-submissive to the
individuals and to the authority”.
The society itself results in delinquents and criminals. The sociological factors are
responsible for an individual’s behaviour that either he avoids criminal practice or get indulge
into it depending upon their surrounding and social conditions. Professor Sutherland made an
exhaustive study on criminals and presented two explanations for criminal behaviour namely:

21
T. Hirschi Causes of Delinquency (1968) Califomia University of CaliforniaPress
22
Gluck, Sheldon and Gluck, Eleanor (1950). Unraveling Juvenile delinquency, Cambridge; Harvard
University Press

17
• Processes operating at the time of occurrence of crime which be called the dynamic
explanation of crime, and
• The processes operating in the earlier life history of criminal which he termed as Historical
or generic explanation of crime.
Sutherland said that “criminal behaviour is not inherited through their ancestors and a
person who is not trained in crime cannot be diverted into criminal behaviour. Rather,
criminal behaviour is learned in interaction with other person especially within intimate
personal groups”. According to Sutherland agencies such as cinema and newspapers play a
comparatively important part in the beginning of criminal nature. According to Sutherland a
person becomes delinquent because he is easily accessible to the definition of violation of law
and is unknown about the hostile definitions to violation of law. “Differential association”
varies in duration, priority, frequency and intensity23.
Merton24 stressed the importance of anomic ‟ according to him “anomic develops because of
break-down in the relationship or absence of social norms and value”. Anomic is breakdown
between goals that place great stress on success and to which all groups in society are in
doctrine without equivalent emphasis on institutional or legislative channels of access to
these goals25.
There are five important techniques, which are as under:-
• The denial of harm. • The denial of accountability. • The denial of sufferer. • The criticism
of the crime. • The appeal of higher loyalties.
According to authors these techniques lesson the effectiveness of delinquent behaviour.
(C) Psychiatric theory: Airchorn said that “there must be something in child himself which
environment changes his behavior towards delinquency”. Delinquents behave in a way as
they want to do because they are abnormal persons.
(D) Medico-Biological Theory: “Medico biological” theory would include the genetic
factors, substance balances within the organism and undoubtedly the impact of physical
illness on his behaviour. The biological justification, concerned primarily with inherited
characteristics, have a famous historical example in the concern of Lambroso26 with
considerable physiological characteristics and such theories remains popular today in such
instances as the recent studies concerning “Y” chromosome.

23
E. H Sutherland and R.D. Cressey Principles of Criminology (6th Edition) The Times of India Press.Bombay
24
Merton, R., Social Theory and Social Structure. Gelencoe III: Free Press 1957
25
R.K. Merton Social Structure and anomie American Sociological Review (1938)
26
Lombroso,c., Poineers in Criminology; Journal of Criminal Law, Criminology and Police Science,,1961.

18
(E) The classical Theory: The Classical theorists on the assumption of free will stated that
the criminal is morally responsible so he should therefore receive a punishment according to
that moral guilt. So, there were penalties according to the moral turpitude involved in the
offence and crime.
(F) Multi-causal Theory: According to Abrahamsen,27 “a criminal act is the sum of a
person’s criminalistic tendencies plus his total situation divided by the amount of his
resistance.”
2.4 CAUSES OF JUVENILE DELINQUENCY
Juvenile delinquency takes place in different ways and it may vary in degree, frequency and
seriousness and involves different forms like theft, pick pocketing, drug addiction, sex
offences, predatory acts etc. Delinquency like other social problems has complex roots. The
child being future of the country should be given good environment and good moral
teachings which make him a responsible and wise citizen of the country. If the child is
growing up in an unpleasant surrounding, he learns wrong norms and values and soon after
his childhood it is not easy to bring him back to the right path. When the child being managed
to ignore their first crime then it gives them further encouragement to commit more and more
offences till they are apprehended, tried and convicted by the authorities. Now days the
juvenile delinquents indulge in committing the serious nature of offences as like adults which
including theft, robbery, dacoity, murder and even rape. No single cause has been attributed
for the cause of Juvenile delinquency, there are innumerable causes basically, and causes of
Juvenile delinquency are of three types.
• Biological
• Socio-Environmental
• Physiological and personal
A. Biological Causes
1. “Ocular Ailments: It leads to irritability causing emotional instability and discomfort
among children. Moreover, this may prevent them from acquiring sufficient knowledge
hampering them from leading a normal life.
2. Nose and throat problem: This may cause weakness and discomfort and may result in
dislike-ment for work and school bunking. Obstructed breathing may result in mouth
breathing and may, thus, give an appearance of inefficiency in work.

27
The Psychology of Crime p. 37 (1960)

19
3. Hearing Problem: Such as deafness or difficulty in hearing makes the person concerned
incapable for any particular work. His efficiency is greatly decreased which adversely affects
his ability to work and he depends on others which may lead to antisocial behaviour.
4. Speech Problem: An individual with speech problem is pitted or laughed at in the society.
Due to this feeling of inferiority may be developed which may lead to a desire to make up in
criminal acts.
5. Enuresis: It involves a disorder of functions of the bladder. Sometimes it discomfort and
even some time may lead to delinquency.
6. Irritation: Irritation caused by ailments such as different types of allergies, eczema, and
irritation of sexual organs is also a significant factor resulting in delinquency.
7. Headache: It may cause irritation of temperamental though rarely may result in some sort
of outburst.
8. Excessive strength: A person who is possessed excessive physical strength and his mental
trait being uncultured and not properly channelized, probability of his committing an act of
offence becomes higher.
9. Hypoglycaemia: Hypoglycaemia caused by low level of glucose in blood disturbs the
mental equilibrium and affects the level of consciousness, memory and orientation. It may
make the person liable to assault, violent behaviour, disruption of peace, suicide homicide,
drunkenness, theft, mischief, arson and slander”.
B. Socio-Environmental
1. Mobility: It is the major factor which is liable for crime causation in the society. Nowadays
communication and travel facilities have become easy due to industrialization and
urbanization which have led to the migration of persons to new places. Chances of detection
to these new places are low offers them opportunity for crime.
2. Cultural conflicts: The urbanization and industrialization have resulted in drifting of people
from one place to another which has led to cultural conflicts between inhabitants and
immigrants. Such cultural conflicts occurring between different sections of a society have
resulted in deviant behaviour thus increasing the crime rate of that particular place. Ruth &
Cavan28 found that “Eskimos are also still not free from the problem of crime. They
frequently indulge into deviant behaviour such as drunkenness and sex offences due to their
immigration to urban areas and social contact with non-Eskiness”. India also suffered from
the same problem during Indo-Pak partition in 1947 and in PakBangladesh times in 1971.

28
Cavan, Ruth Shonle and Ferdinand, Theodore n. (1981) Juvenile Delinquency. New Yor

20
That time there was increased immigration of „Refugees‟ from Sindh and NWF region in
1947, which created a barrier in the long-established social structure of Indian Society and
resulted into massive increase in crime.
3. Family Background: This factor also encourages the Juvenile to commit for offence in the
society. Sutherland29 said that “the family background has greatest influence on the criminal
behaviour of offender or Juvenile. The Children divert themselves towards criminal
tendencies, if they find their parents or members of the family behaving in the similar
manner. A child who is grown up in a hostile aggressive parenting atmosphere becomes an
easy prey to criminality”. Some are the same factor which emanates from the family
background are as under:-
 Family Structure: The structures of the family are responsible for figuring out the
personality/character development of the child. A healthy and educated family
provide good atmosphere and encourages growth, confidence and makes him a
responsible and sensible citizen. Delinquents mostly belong to poor and inadequate
homes.
 Broken Homes: Broken home means a home where there is instability present in
homes due any one of the missing family member like either the parents is dead or
living separately or is divorced. If parents are drunkards or drug addicts or often fights
with each other also disturbs the mind of such children. In such conditions, the child
feels insecure and in that way finds his path.
 Family Size and Type: It is also recognize as a factor in reason of delinquent
behaviour. Delinquents mostly belong to joint and bigger families as compared to the
smaller and nuclear families as less attention is likely to be paid towards children in
bigger families.
 Parent-Children Relationship: The most significant factor in the behavioural
development of a child is the relationship with their parents. The relationship with a
family is important in shaping the inter-personal behaviour and cognition of the child
but in many cases, misunderstandings, hard feelings and open conflicts occur between
parent and the child which often leads to delinquency.

4. Mental makeup: Mental makeup of the child also conditions his behaviour to a large
extent. Lots of researches reveal that “a large proportion of delinquents are pathetic minded
and deficient in intellect”. According to Henry H. Goddard, the greatest Historian, “there are

29
Sutherland E.H and Cressey D.R.,Juvenile Delinquency. New York

21
two basic theories of crime and delinquency. One refers to spiritualism and the other relies on
worldly explanation.
5. Peer Group: The behaviour of an individual largely depends on his peers. Some of the
individuals (mostly in teen ages) form gangs in which a number of individuals associate
together in group activity which often emerges into criminal tendency30. Gangs act as a
contributory factor to juvenile delinquency. Boys and girls often learn techniques of
committing crimes in gangs. Gang is more or less a means of conveying techniques of
delinquencies, of training in delinquency, of safeguarding its members engaged in
delinquency and of maintaining continuity in delinquency31 . If a child remains with other
delinquents then he gets more opportunities of engaging himself in criminal activities. He
joins gang to secure everything which he does not get otherwise.
(C) Physiological and personal
Criminal’s psychological behavior play a significant role in the determination of delinquency.
It is the psychology of a criminal which controls it mind, and the mind designed the criminal
act which a delinquent intends or wants to do. There are some significant factors in act of
anti-social behaviour.
i School Factors : The school plays a significant role for the growth and development of a
child, it is the school wherein the child has the closest contact with most children over the
maximum period of time. In some schools cruel treatment given by teachers creates hatred
and annoyance among the children which forces them to abscond from the school and
become delinquent. Bhatia pointed that “the unfavorable school conditions may include harsh
and unsympathetic treatment which often aggravates the situation”. According to Pathak,
“School is usually thought as a constructive agency but when it fails) to perform its
designated functions, it may become by virtue of its negligence, a main contributor to
delinquency.”32
ii. Drug-addiction: - Drug-obsession among the juveniles provokes them to commit petty
crimes. Taking of drugs by the juveniles now days is very common. Addiction creates
disturbance in family and also creates hostile atmosphere in family. This atmosphere is highly
perilous to the other child of the family. The parents must take care of their children
otherwise they may indulge in commission of offence.33

30
Rogers, 1960
31
Kaldate, 1982
32
Shipra Lavania, 'Juvenile Delinquency',(1983) by Rawat Publications, Jaipur.1920
33
Annual Report of Children‟s Aid society Bombay (1960-61)

22
iii. Overcrowding: when the child sleeping with his parents in the same room he watch and
hears those things which the better to do shielded. The shadow of family member jealousy
towards others family member or any other negative discussion is not good for their growth
and development of mind. The hostile and aggressive behaviour of the father, mother and any
other family member may change the mind of child and this may also lead them toward
crime/delinquency. Some other causes of delinquency may be noticed as under:-
1. Bad Company 2.Adolescent insecurity 3.Mental conflicts 4.Excessive social suggestibility
5.Love adventure 6.School dissatisfaction 7.Poor recreational facilities 8.Poor living
condition 9.Vocational dissatisfaction 10.Sudden impulse 11.Physical conditions

23
CHAPTER-III
THE INTERNATIONAL STANDARDS ON JUVENILES

As a State Party to the Convention on the Rights of the Child (CRC) 34and various other rules
and guidelines on children’s rights, the Government of India is bound to fulfill the duties set
out in these instruments.35 International agreements on children’s rights, as they concern
juveniles in conflict with law,36 promote a holistic approach, concerned with the
development, care, and protection of children throughout their interactions with the juvenile
justice system. Juvenile justice is more concerned with the rehabilitation of its charges than is
adult criminal justice.37When discussing juveniles in conflict with law, international
agreements generally emphasize the importance of preventing juveniles from coming into
conflict with the law in the first place,38 as well as an expectation of complete rehabilitation
by the time they leave the juvenile justice system. Throughout the proceedings within the
system, “States Parties recognize the right of every child alleged as, accused of, or recognized
as having infringed the penal law to be treated in a manner consistent with the promotion of
the child’s sense of dignity and worth”.39
India’s original Juvenile Justice Act (1986), written before many of these international
instruments were promulgated, did not align with their requirements. In response to the U.N.
Committee on the Rights of the Child’s recommendation that India incorporate the aims of

34
India ratified the Convention on the Rights of Child as of January 11, 1993. OFFICE OF THE UNITED
NATIONS HIGH COMMISIONER FOR HUMAN RIGHTS, Status of ratifications of the Principal
International Human Rights Treaties,6, (June 9,2004),available at http// www. Unhchr. Ch/ pdf /report .pdf.
35
Convention on the Rights of Child ,Nov.20 1989,1577U.N.T.S.3; United Nations Standard Minimum Rules
for the Administration of Juvenile Justice (The Beijing Rules)
36
“Juveniles in conflict with law” is a term used by international conventions and the Government of India
alike, in an effort to reduce the stigma placed on children by the terms ‘juvenile delinquent’ or ‘juvenile
offender.’ The word ‘juvenile’ has a negative connotation in society today. However, this Recent Development
uses the terms “children” and “juveniles” interchangeably.
37
Geraldine Van Bueren, “The International Law on the Rights of the Child” pg.170 (2006).
38
e.g., Riyadh Guidelines, supra note 2, arts. 1–2.

39
Convention on the Rights of the Child, supra note 2, art. 40.

24
the Convention on the Rights of the Child into domestic legislation, a new law was passed.40
The Juvenile Justice (Care and Protection of Children) Act, 2000 amended in 2002 and 2006
and 2015 covers all aspects of interaction between Children and the legal system. 41 From
adoption to abuse and neglect to children in conflict with the law, the Act is far-reaching in
its scope and intent. The provisions within the JJ Act, like its international predecessors, are
intended to preserve the dignity and best interests of the child.42
These broad fundamental perspectives refer to comprehensive social policy in general
and aim at promoting juvenile welfare to the greatest possible extent, which will minimize
the necessity of the invention by the juvenile justice system, and in turn, reduce the harm that
may be caused by any intervention. Such care measures for the young, before the onset of
delinquency, are basic policy requisites designed to obviate the need for the application of the
rules.
The Standard Minimum Rules are deliberately formulated so as to be applicable
within different legal systems and, at the same time, to set some minimum standards for the
handling of juvenile offenders under any definition of any of a juvenile and under any system
of dealing with juvenile offenders. The Rules are always to be applied impartially and
without distinction of any kind.
International human rights instruments accord high priority to the issues of juvenile
justice. Article 14(4) of the International Covenant on Civil and Political Rights, provides
that:
“In the case of juvenile persons, the procedure (determining criminal charges) shall be
such as will take account of their age and the desirability of promoting their rehabilitation”.

40
U.N. Committee on the Rights of the Child, Concluding Observations of the Committee on the Rights of the
Child: India, ¶ 11, U.N. Doc. CRC/C/ 15/Add.115 (Jan. 28, 2000). 156 Harvard Human Rights Journal / Vol.
21
41
Ministry of Women and Child Development, Government of India, Building A Protective Environment for
Children 23 (2006). See also The Juvenile Justice (Care and Protection of Children) Act, No. 56 of 2000; India
Code (2000) [hereinafter JJ Act.]
42
One criticism of the Act focuses on its ongoing failure to incorporate the standards set out in international
instruments. See Arvind Narrain, The Juvenile Justice Act 2000: A Critique, ALTERNATIVE LAW FORUM

25
It requires the state parties to take into account for juvenile justice. It imposes duty on
the State Parties to treat juvenile in such a way as would maximize their opportunity to
mature into responsible citizens rather than to fall into a life of crime. There is now sufficient
consensus among States that reformation and rehabilitation and not punishment should be the
objective of juvenile justice.
The JJ Act 2000 in its preamble explicitly invokes three international obligations
undertaken by the Indian State, namely the Convention on the Rights of the Child, 1989 The
UN Rules for Juveniles Deprived of their Liberty, 2013 and the UN Standard Minimum
Rules for the administration of juvenile justice, 1990. Each of these standards will now be
examined to show how the Act is not in compliance with existing human rights standards,
which have been evolved by states at the international level.
The Constitutional document establishing the United Nations is the Charter of the
United Nations which came into force in 1945. It does contain provisions relevant to
international human rights law. There is no express provision relating to children.
3.1 UNIVERSAL DECLARATION OF HUMAN RIGHTS, 1948
The Universal Declaration o Human Rights 1948 proclaims a catalogue of human rights
which apply to all human beings and therefore implicitly to children 43. It contains only two
articles, which expressly refer to children. Article 25(2) is on special care and assistance and
Article 26 is on education.
Art.25, emphasize the rights of children to special care and assistance and it provides
this through the protection of motherhood. Art.26 deals both with access to and the aims of
education. This is a non-binding resolution of the General Assembly but it helped in laying
down certain common standards for children world-wide.
3.2 INTERNATIONAL COVENANT ON ECONOMICAL, SOCIAL AND
CULTURAL RIGHTS (ICESCR)
It applies to all ‘men and women’ and therefore by implication to children44. The preamble
recognizes that all human rights are interlinked and of equal importance. The Covenant stress
that children ‘deserve special measures of protection and assistance’.
The Covenant specifically refers to children in Article 10 and 12. In Art. 10, the states
recognize the family as the ‘natural and fundamental group unit of society’ and therefore

43
CRC Art.1
44
See Kabuta, ‘Protection of Children’s Rights’, International Review of Criminal Policy, United Nations, Vol.
39-40, 1989, No. 108.

26
accord the widest possible protection and assistance to the family. Art. 10(3) contain a broad
ambit of protection.
Special measures of protection and assistance should be taken on behalf of all
children and young person without any discrimination for reasons of parentage from
economic and social exploitation.
The International Covenant on Economic, Social and Cultural Rights also enshrines in
Art. 13(1) the right of everyone to education and provides that primary education should be
compulsory and free to all. States undertake to implement all the rights in the Covenant, this
Covenant implicitly helped to raise the status of children in the resource allocation of the
various countries45.
3.3 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)
The international covenant on civil and political rights complements the economic, social and
cultural covenant46. Children are implicitly entitled to benefit from all relevant rights
contained in the covenant and in addition there are specific provisions for children. Art. 14(1)
provides an express exception to the rights to a hearing in public, when it is in the interests of
the juveniles or where it concerns the guardianship of children.
Article 14 (3) (f) provides that criminal proceedings should take account of juveniles
age and their ‘desirability of promoting their rehabilitation’. The Covenant prohibits the
imposition of death penalty for crimes committed by persons less than eighteen years of age.
The Covenant obliges states to separate accused juveniles from accused adults and bring
them as speedily as possible for adjudication and accord them treatment according to their
age legal status47.
The family is recognized as being the natural and fundamental unit of society and as
such is entitled to state protection48. Under the Covenant, states are obliged to respect the
liberty of parents to ensure the religious and moral education of children in accordance with
their beliefs and, in the event of dissolution of the marriage; provision shall be made for the

45
Geraldine Van Bueren, The International Law on the Rights of the Child, Martinus Nijihoff Publishers,
Neetherlands, 1995.
46
See Henkin (ed.) The International Bill of Human Rights: The Covenant on Civil and Political Rights, 1981.
47
ICCPR Art.10 (3).
48
ICCPR Art.23.

27
protection of any children49. In addition to these specific rights, the International Covenant on
Civil and Political Rights incorporates a specific article on children50.
3.4. THE CONVENTION ON THE RIGHTS OF THE CHILD (CRC), 1992
The Geneva Declaration of the Rights of the Child, adopted by the League of Nations in
1924, containing five basic principles on the rights of the child; and the Declaration on the
Rights of the Child, adopted by the United Nations General Assembly on 20th November
1989, which stated that ‘the child’ by reason of his physical and mental immaturity, needs
special safeguards and care.’
Throughout the second half of the century, while society became increasingly aware
of the needs of children, issues related to children gradually captured the attention of scholars
and politicians, raising social awareness and creating change at all levels, finally leading to
the inclusion of the concept of children’s rights as a top item on the political agenda.
Although an emerging phenomenon of modern society, the concept represents the outcome of
this complex evolution of past perceptions, traditions and ideas about the child and
childhood, across years and centuries, in different cultures, systems and societies. This
multifaceted process may be, in a way, summed up by the decision of the United Nations
Commission on Human Rights to establish, in 1979, a working group which, for a period of
ten years, under the chairmanship of Professor Adam Lopakta, from Poland, was responsible
for drafting an international treaty on the human rights of children.
At long last, General Assembly resolution 44/ 25 of 20 November 1989 adopted, by
consensus the Convention on the Rights of the Child. It was opened for signature, ratification
and accession on that same date and entered into force on 2 September 199051. With the
record number of 192 state parties, the Convention has become the first human rights
instrument to achieve universality in the United Nations system.
The Convention constitutes the major international legal reference for the promotion
and protection of the rights of the child, including adolescents. As an ‘umbrella’ document, it
encompasses Civil, Political, Economic, Social, Cultural rights of the child.52 Hence, it
incorporates a perspective of rights into all situations in the life of a child, from birth to 18
years of age.53 State Parties have the overall obligation to undertake ‘all appropriate

49
ICCPR Art. 18(4) and 24 (4).
50
ICCPR Art.24.
51
Article 49
52
United Nations document CRC/ GC/ 2003/5.
53
Article 1 of the CRC.

28
legislative, administrative and other measures’ to ensure the implementation of the rights
enshrined therein.54
The CRC is the most important legal instrument in relation to juvenile justice because
it is legally binding on all members of the United Nations, except Somalia and the USA (as
they have not ratified the Convention). It is therefore more powerful and more widely
applicable than some of the other instruments.
It defines ‘children’ as all people under the age of 18. The most specific articles in
relation to juvenile justice are Articles 37 and 40. However, the CRC is not just a list of
separate articles. It was designed to look at children as entire human beings. It is therefore
very important to set Articles 37 and 40 in the context of the overall framework of the CRC
and its main ‘umbrella rights.’ These include: Art.6 (the right to life, survival and
development); Art.3.1 (the best interests of the child as a primary consideration); Art. 2 (non-
discrimination on any grounds); Art. 12 (the right to ‘participation’); Art. 4 (implementation
– including of economic, social and cultural rights to the maximum extent of available
resources). Other CRC articles relevant to street children and juvenile justice, including
aspects of prevention, are Articles 3.3, 9, 13, 14, 15, 16, 17, 19, 20, 23, 24, 25, 27, 28, 29, 30,
31, 32, 33, 34, 36 and 39.

This section will look at whether the JJ Act 2000 conforms to:

(i) The basic principles underlying the Convention.

(ii) Specific protections in the CRC to children coming in contact with the juvenile justice
system.

(i)The basic principles underlying the Convention: The Committee on Rights of the Child
has identified four general principles which are referred to as the ‘soul of the treaty. These
four articles are essential to understanding the spirit of the Convention as they set out the
overarching principles that guide the interpretation of all other provisions. These are in Art 2,
(Non discrimination) Art 3 (Best interest), Art 12 (Right to participate) and Art 6 (Right to
life)

a) Best Interest Principle (Art 3): This is seen by the Committee on the Rights of the Child
and various other commentators as a key provision, which guides the interpretation of the

54
Article 4 of the CRC

29
other articles in the Convention itself. Historically the best interest principle has always been
at the heart of a protectionist approach. Decision makers right from judges to administrative
authorities have traditionally determined the best interest of the child using their value
frameworks and normative belief systems. How to determine what the best interest of the
child has been a matter of sustained controversy, especially when it comes to practices, which
enjoy cultural legitimacy such as inflicting corporal punishment on a child. The content of the
best interest principle either depends on the belief systems of the society in which it is sought
to be applied or can be understood in the light of what the child perceives to be in his or her
best interest..

b) Right to participation (Art.12): The child under Art 12 has the right to express those
views freely in all matters affecting the child, the views of the child being given due weight in
accordance with the age and maturity of the child This is one of the central provisions in the
CRC which puts forward a new vision of what children’s rights means. If one traces the
history of child rights what is clear is that the original fancy of international child rights law
is protectionism. Both the League of Nations Charter on Children’s Rights and the 1959
Declaration on the Rights of the Child saw the child as a subject to be protected. Hence the
stress was on protection from abuse and neglect, protection from homelessness etc. It is only
the Convention that first introduced the notion of the child as rights holder in her own right
entitled to participate in decision that affect her.

This fundamental principle has completely been ignored in the JJ Act 2000. If an
enactment were to implement Art 12, it would mean a major overhaul of existing ways of
interacting with children. At every stage in the interface between the child and the juvenile
justice system space should be created for expression of the child’s opinion. So right from the
point of arrest, to adjudication before the competent authority to assessment by the authority
to placement to everyday living within the institutions set up under the juvenile justice
system, the child’s opinion should not only be heard, but given due power in accordance with
the age and maturity of the child. In particular the protectionist understanding implicit in the
philosophy of best interest underlying the juvenile justice administration should be subject to
a major shift in the light of this principle.

c) Non discrimination (Art. 2):Art. 2 mandates, State parties shall respect and ensure the
rights set forth in the present Convention. Without discrimination of any kind, irrespective of
the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion,

30
political or other opinion, national, ethnic or social origin, property, disability, birth or other
status. This principle would strengthen the protection given under the constitution as it
includes other categories of prohibited discrimination such as discrimination on the basis of
disability, property, birth, language, political or other opinion, colour and the open ended
category of other status. However a non-discrimination clause has not been enacted into the
JJ Act 2000.

d) Right to life (Art.6):Art 6 mandates that every child has the inherent right to life this
principle has once again not been explicitly or implicitly invoked by the JJ Act(C&P of C),
2000. The Constitution does guarantee the right to life under Art 21 to all persons and
children would definitely be entitled to protection under the same. Two Specific protections
in the CRC with respect to children coming in contact with the juvenile justice system. Apart
from the general principles, Art 37 and Art 40 are specifically aimed at protecting the rights
of the child who comes in conflict with the law. The principle that capital punishment and
imprisonment cannot be imposed for offences committed by children and the principle that
every child deprived of liberty shall be separated from adults have been incorporated within
the JJ Act(C&P of C), 2000.

However some of the other principles enunciated in the above-mentioned articles have simply
not been incorporated.

 Art 37 (a) notes that “No child shall be subject to torture or cruel, inhuman or
degrading treatment”. This provision has not been incorporated. Given the reality,
which some international human rights groups have pointed out to i.e. children being
subject to torture, cruel, inhuman and degrading treatment, it remains a striking
omission. Since human rights organizations have quite strongly indicted the state for
these kinds of abuses it was very important that this provision be incorporated into the
legislation.
 Art 37(b) notes that “No child shall be deprived of his or her liberty unlawfully or
arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity
with the law and shall be used only as a measure of the last option and for the
shortest appropriate period of time”. This article points to the most serious and
systematic abuse of children who come in conflict with the juvenile justice system. As
noted earlier, the present Act prescribes a minimum period of detention for those
between 17and 18 and detention till they reach the age of 18 for all others. Further

31
even children in need of care and protection are deprived of their liberty without
mandating a maximum period of detention. This serious abuse of the human right to
liberty and freedom continues to be violated in the name of the need to
provide ‘proper care, protection and treatment by catering to their development needs’
This provision also violates the explicit provision under Art 37(b) that detention shall
be used only as a measure of the last resort and for the shortest appropriate period of
time.
 Art 37(c) “every child deprived of liberty shall be treated with humanity and respect
for the inherent dignity of the human person, and in a manner, which takes into
account the needs of a person of his or her age”. The two principles embodied above
are extremely important in the light of the nature of the juvenile justice system. The
law in fact needs to not only incorporate the general principle but in its rules mandate
how the child should be treated so as to safeguard his or her dignity and how his or
her special needs should be catered to. The Act should have incorporated the general
standard and the rules should have operationalized them.
 Art 37(c) reads “the child shall have the right to maintain contact with his or her
family through correspondence and visits save in exceptional circumstances”. This
rule should have been mandatory in the light of the custodial nature of the institution.
However this rule has been left to the discretion of the States leaving scope for
enormous violation.
 Art 37(d) reads, “Every child deprived of his or her liberty shall have the right to
prompt access to legal and other appropriate assistance as well as the right to
challenge the legality of the deprivation of his or her liberty before a court or other
competent, independent and impartial authority, and to a prompt decision on any
such action”. This broad ranging nature of this provision and its application to all
children deprived of their liberty be it children in conflict with the law or children in
need of care and protection needs to be noted. The seriousness with which deprivation
of liberty for whatever reason is treated and the safeguards built in also needs to be
noted. Though the Act prescribes a maximum period of four months for the
completion of inquiry this mandate is often violated in practice.
 Art 40 obliges the state to incorporate basic safeguards of all those who come in
contact with the criminal justice system. None of these safeguards have been
explicitly incorporated into the JJ Act 2000. It has been argued that these protections
do apply to the child as they form both part of the Criminal Procedure Code and the

32
Constitution of India. However it has to be noted that the JJ Act(C&P of C), 2000
does not incorporate the procedure as envisaged in the Cr. P.C, instead leaving the
procedure to be determined by rules made by State governments. There is scope for
doing away with the protections guaranteed by the Cr. P.C by different states as they
make rules under the present Act. In this context it is useful to note the South African
experience as in their system the rights of children who come in conflict with the
penal system form a part of both the Constitution as well as the proposed Juvenile
Justice Bill. The fact that rights of children who come in conflict with the system have
not been specifically incorporated is a serious omission.
 Art 40(3) (a) mandates “the establishment of a minimum age below which children
shall be presumed not to have the capacity to violate the penal law”. This provision
exists in the notion of doli incapax under Sec 82 of the IPC However it has not been
incorporated under the JJAct2000.If Art 40(3) is read along with the principle of best
interests of the child (Art3) and the principle enunciated in the Beijing Rules then not
only should the minimum age have been fixed, but also it should have been fixed at a
much higher level than 7 years.
 Art 40 3 (b) notes, “Whenever appropriate and desirable measures for dealing with
such children without resorting to judicial proceedings, providing that human rights
and legal safeguards are fully respected”. This provision operationalized a limited
understanding of diversion, applying the concept to judicial proceedings only. The
constitution of a Juvenile Justice Board with two social workers having coequal
powers though significant would still not comply with this provision as the Board
would still inquire into the situation instead of diverting the child away from the
system itself and completely avoiding the possibility of the child being stigmatized.
 Art 40 (4) mandates “a variety of dispositions such as care, guidance and supervision
orders and other alternatives to institutional care shall be available to ensure that
children are dealt with in a manner appropriate to their well being and proportionate
both to the circumstances and to the offence”.

Though Sec.15 of the JJAct(C&P of C), 2000 does provide a variety of dispositional options
these options do not operate within the CRC framework wherein detention is regarded as a
deprivation of liberty and such detention is mandated only as a measure of the last option and
for the shortest possible period of time. Instead the discretion lies with the authority to decide
on any of the dispositional options.

33
From the above analysis it is clear that the CRC has not been complied with, either in terms
of general principles or in terms of specific protections given to children who come in
conflict with the juvenile justice system. It is almost as if the JJ Act, 2000 was a pre CRC
enactment in terms of its grasp of CRC principles.

3.5. UN RULES FOR THE PROTECTION OF JUVENILES DEPRIVED OF THEIR


LIBERTY (JDLs) (1990).

The JDL Rules are applicable to all persons under the age of 18 who have been deprived of
their liberty. These Rules are non-binding and recommendatory in nature. It is important to
note that this would include children who are deprived in their liberty even due to health or
welfare reasons. Thus the Rules recognize that the philosophical notion of best interest cannot
be interpreted to mean deprivation of liberty in most circumstances. It is also important to
note that the Rules in effect provide detailed and elaborate human rights standards to be
conformed to both on arrest and within the institution. These detailed human rights standards
are to be made available to juvenile justice personnel in their national languages. The Rules
also mandate the State to incorporate the Rules into their legislation or amend it accordingly
and provide effective remedies for their breach, including compensation when injuries are
inflicted on juveniles. In addition, the JDLs include principles that universally define the
specific circumstances under which children can be deprived of their liberty, emphasizing
that deprivation of liberty must be a last resort, for the shortest possible period of time, and
limited to exceptional cases. In the context where deprivation of liberty is unavoidable,
detailed minimum standards of conditions are set out. The JDLs serve as an internationally
accepted framework intended to counteract the detrimental effects of deprivation of liberty by
ensuring respect for the human rights of children.

3.6.UN STANDARD MINIMUM RULES FOR NON-CUSTODIAL MEASURES: THE


TOKYO RULES

The Rules are intended to promote greater community involvement in the management of
criminal justice, especially in the treatment of offenders, as well as to promote among
offenders a sense of responsibility towards society. When implementing the Rules,
governments shall endeavor to ensure: proper balance between the rights of individual
offenders, victims and concern of society for public safety and crime prevention. In order to
provide greater flexibility consistent with the nature and gravity of the offence, with the

34
personality and background of the offender and with the protection of society and to avoid
unnecessary use of imprisonment, the criminal justice system should provide a wide range of
non-custodial measures, from pre-trial to post sentencing dispositions. Where appropriate and
compatible with the legal system, the police, the prosecution service or other agencies dealing
with criminal cases should be empowered to discharge the offender if they consider that it is
not necessary to proceed with the case for the protection of society, crime prevention or the
promotion of respect for the law and the rights of victims.

3.7. UN RESOLUTION 1997/30-ADMINISTRATION OF JUVENILE JUSTICE: THE


‘VIENNA GUIDELINES (1997)

This UN Resolution (also known as the Vienna Guidelines) provides an overview of


information received from governments about how juvenile justice is administered in their
countries and in particular about their involvement in drawing up national programmes of
action to promote the effective application of international rules and standards in juvenile
justice. The document contains as an annex Guidelines for Action on Children in the
Criminal Justice System, as elaborated by a meeting of experts held in Vienna in February
1997. This draft programme of action provides a comprehensive set of measures that need to
be implemented in order to establish a well-functioning system of juvenile justice
administration according to the CRC, Riyadh Guidelines, and Beijing Rules and JDLs.

3.8 THE BEIJING RULES 2013

The United Nations Standard minimum Rules for the Administration of Juvenile Justice (known
as Beijing Rules) 2013, which were adopted by the General Assembly; vide its resolution 40/ 33,
on the recommendation of the Seventh Congress is the first conference on the right of children.
The Rules contribute substantially to the international normative system for the protection of
Children ‘rights. They are intended to serve as a model for Member States in the treatment and
handing of young persons in conflict with the law, within the framework of a juvenile justice
system. The Rules set out a special regime that would safeguard the well-being, status, rights and
interests of young persons and ensure their fair treatment by justice systems around the world.
They provide for strict limits on the use of juvenile detention, the maximum use of community-
based modalities, separate juvenile courts and detention personnel, and the provision of
specialized facilities, programmers and services. The Rules also favour according juvenile legal
rights comparable to those accorded to adults, with protection based on age and personality and

35
the use of scientific research as a foundation for programme development. The said instrument
also recommended raising the lower age limit of criminal responsibility and emphasized the
importance of inter-sectoral coordination55.
The Beijing Rules were enacted prior to the CRC coming into force. Therefore when the
CRC came into force, some of the non-binding and recommendatory standard minimum rules
were incorporated into the treaty. However some fundamental concepts have not yet been
incorporated into the CRC and would have served as useful guidelines for any government
enacting legislation on Juvenile Justice.
The guidelines lay out general principles and specific rules for Investigation and
prosecution, adjudication and disposition, non-institutional treatment and institutional treatment.
Without getting into a detailed analysis of how each of the rules stands violated in the JJA,( C&P
of C)2000, for which there are two crucial concepts which support the Beijing Rules and which
have been ignored in the enactment.

1) The concept of diversion.

This is operationalized through Rule 11.The fundamental premise behind diversion is that if
children are processed through the criminal justice system, it results in the stigma of criminality
and this in fact amplifies criminality of the child. Hence any intervention must aim at minimizing
the contact with the criminal justice system. This is conceptualized in Rule 11.2, which
empowers police, prosecution and other authorities to divert the child away from the system.

2) The concept of detention as a serious punishment

The philosophy underlying the rules is that detention is a serious punishment, which is inflicted
upon juveniles, and therefore it should be imposed only as a measure of the last resort and for the
shortest possible period of time. This philosophy, which is influenced by a human rights
framework, does not find any place in the new Act, as there is no structuring of the discretion of
the authorities so as to ensure that deprivation of liberty is viewed as a serious violation rather
than as a necessary measure in the care of the child.

55
See, “Juvenile justice and the Implementation of the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice”, International review of Criminal Policy, No. 43-44 (1994) United Nations
Publication.

36
The Beijing Rules, which are divided into six parts, cover the whole range of juvenile justice
processes:

 General Principles;
 Investigation and Prosecution;
 Adjudication and Disposition;
 Non- institutional Treatment;
 Institutional Treatment and Research and Planning, Policy Formulation; and
 Evaluation

3.9 UN GUILIDELINES FOR THE PREVENTION OF JUVENILE DELINQUENCY:


THE ‘RIYADH GUIDELINES’

The United Nations Guidelines for the Prevention of Juvenile Delinquency, known as Riyadh
Guidelines were adopted in 199056. The Riyadh Guidelines represent a comprehensive and
proactive approach to prevention and social reintegration, detailing social and economic
strategies that involve almost every social area: family, school and community, the media,
social policy, legislation and juvenile justice administration. Prevention is seen not merely as
a matter of tackling negative situations, but rather a means of positively promoting general
welfare and well-being. It requires a more proactive approach that should involve “efforts by
the entire society to ensure the harmonious development of adolescents”. More particularly,
countries are recommended to develop community-based interventions to assist in the
prevention of children coming into conflict with the law, and to recognize that ‘formal
agencies of social control’ should be utilized only as a means of last resort. General
prevention consists of “comprehensive prevention plans at every governmental level” and
should include: mechanisms for the co-ordination of efforts between governmental and non-
governmental agencies; continuous monitoring and evaluation; community involvement
through a wide range of services and programmers; interdisciplinary co-operation; and youth
participation in prevention policies and processes. The Riyadh Guidelines also call for the
decriminalization of status offences and recommend that prevention programmes should give
priority to children who are at risk of being abandoned, neglected, exploited and abused.
The United Nations Guidelines for the Prevention of Juvenile Delinquency have three
main characteristics:

56
Adopted by the General Assembly on 28 March 1991; UN Doc. A/ RES/45/112.

37
1. They are very comprehensive;
2. They promote a pro-active approach of prevention;
3. They consider children to be fully-fledged participants in society.
In analyzing these guiding principles, the contents of the Guidelines themselves will
be explained. Hear, discussed these principles separately, though their interdependence is
evident.
 Comprehensiveness

The Guidelines deal with almost every social area: the three main environments in the
socialization process (family, school and community); the mass media; social policy;
legislation and Juvenile Justice Administration.

General prevention57 has to consist of “comprehensive prevention plans at every


governmental level” and should include among others mechanisms for the coordination of
efforts between governmental and non-governmental agencies; continuous monitoring and
evaluation; community involvement through a wide range of services and programmes;
interdisciplinary cooperation; youth participation in prevention policies and processes.

On several occasions, it has been stressed that prevention policies should be primarily
general policies for all young people: “educational and other opportunities to serve as a
supportive framework for the personal development of all young persons”.

The chapter on the "socialization processes”58it stated that "Emphasis should be


placed on preventive policies facilitating the successful socialization and integration of all
children and young persons, in particular through the family, the community, schools,
vocational training and the world of work, as well as through voluntary organizations”.

The comprehensive character of the Riyadh Guidelines is also interesting because of


the link it suggests with the purpose of the UN Convention on the Rights of the Child (1989).
Comprehensiveness is, there again, one of the main features. The common aim is to improve
the overall situation of children. Moreover, the Guidelines also stress the importance of such
policies in crime prevention.

57
Article 9
58
Article 10

38
 Pro-active approach

Prevention, as expressed in the Guidelines, has to focus on upgrading the quality of life,
the overall well-being, and not merely on the immediate restriction of well-defined but
partial problems. The aim should thus be not just the prevention of Negative’ situations (a
defensive approach) but rather the promotion of the social potential (an offensive
approach).

The comprehensive character is of course an important expression of that pro-active


approach of prevention. More concrete examples can be found in article 6: “Community-
based services should be developed Formal agencies of social control should be utilized
only as a last resort”. As juvenile justice systems are mostly part of the formal social
control system, prevention cannot be limited to efforts within that juvenile justice system
as such. Prevention is much more than re-acting to juvenile delinquency.

Article 2 reflects the same approach: "Prevention of juvenile delinquency requires


efforts by the entire society to ensure the harmonious development of adolescents, with
respect for and promotion of their personality from early childhood". It should be mentioned
that, although there was a certain discussion on the topic, the Guidelines do not specify what
the terms child, adolescents, youth, etc. stand for. Perhaps, in accordance with the UN
Convention on the Rights of the Child, human beings until 18 years of age can be considered
to be the first target group of the Guidelines.

The pro-active approach is also present in the different topics the educational systems
should devote attention to (art. 21): e.g. "teaching basic values and developing respect for the
child's own culture, for the social values of the country in which the child is living, for
civilizations different from the child's own and for human rights and fundamental freedoms.

Promotion of human rights is the best tool for “peace” keeping; it was already stated
in the first paragraphs of the United Nations Charter (1945). “Young persons and their
families should be informed about the law and their rights and responsibilities, as well as the
universal value system, including United Nations instruments”59.

59
Article 23

39
“The mass media should ensure that young persons have access to information from a
diversity of national and international sources”60. “The mass media should portray the
positive contributions of young people to society”61. “Information on services, facilities and
opportunities for young person’s should be disseminated”62.

Articles 52 and 57 should be mentioned in particular. Article 52: “Specific laws and
procedures should be enacted and applied to promote and to protect the rights of all young
persons”. “Consideration should be given to establishing an office of ombudsman or similar
independent organ, to ensure that the status, rights and interests of young persons are
upheld”63. Here again the link with the UN Convention on the Rights of the Child is very
clear. At the same time these articles summarize, through the (human) rights concept, the
structural approach on which pro-active handling and thinking is based. A structural approach
of social reality tends to emphasize the parallelism between values, standards and patterns as
the basis of a society on the one hand, and their expression in social structures, in the
institutions of society and in inter-human behaviour and relationships, on the other. Here, the
analyses of social problems (problems related to inter-human behaviour and relationships) are
not aimed at specification; they can emphasize the existence of a common denominator; they
are aimed at generalization. Within this context, prevention is said to modify the structure of
a society and the values of a culture. As a result of the structural approach of social reality,
the promotion of the legal status of children and the multiplication of their chances of self-
determination and of participation in democratic decision-making have become main centers
of attention.

The issue of participation will lead us to the third guiding principle of the Riyadh
Guidelines.

However, it is important to remark that the Guidelines also deal with special”
situations and special groups of people. Yet, only after having stressed the general approach
first, and only if this would not be successful or satisfactory, a special approach should still
remain possible. Even delinquents are in the first place human beings, citizens.

60
Article 40
61
Article 41
62
Article 42
63
Article 57

40
For example, after having explained the challenges of the educational system in
general, article 24 states: “Particular attention should be extended to young persons who are
at social risk, utilizing specialized programmes and educational materials”. Article 30
provides: “Special assistance should be given to students who find it difficult to comply with
attendance codes and to drop-outs”.

Article 38 states: “Government agencies should take special responsibility and


provide necessary services for homeless children or street-children; information about local
facilities, accommodation, employment and other forms and sources of help should be made
readily available to young persons”. Other particular situations considered in the Guidelines
are, for example, child abuse64; demeaning and degrading presentations in the mass media65;
drug abuse66.

Article 58 deals with the important issue of training. It stresses that “Law enforcement
and other relevant personnel, of both sexes, should be trained to respond to the special needs
of young persons and should be familiar with and use, to the maximum extent possible,
programmes and referral possibilities for the diversion of young persons from the justice
system”.

 Participation

Western history shows that children have not always been considered in the same way.
Cross-cultural research can teach us a lot about different images of the child. The present
prevalent opinion, especially in Western countries, is that children belong to a ?separate
social category', the not-yet-beings’.

Over the last decades, however, this image of the child has been turned into a topic of
real discussion for a variety of reasons. However, despite the Children rights' movement for
saving children, itself as a result of the currently dominant child image, the situation of the
world's children has not improved that much. On the positive side, people stress among
others the ontological principle that the child is in the first place a human being and not an
object.

64
Article 53 and Article 49
65
Article 43
66
Article 44, Article 45 and Article 59

41
This discussion takes place in almost all social and legal areas where the child is
involved. One of the trends expresses an increased respect for the fully-fledged social and
legal position of the child: the child as a fully-fledged participant in society. The Riyadh
Guidelines are very good examples of how this particular trend can be reflected in rules.

Article 3 (Fundamental Principles) starts with the statement that “A child-centered


orientation should be pursued. Young persons should have an active role and partnership
within society and should not be considered mere objects of socialization or control”.

It is impossible to mention all stipulations which go in the same direction. We limit


ourselves to the most challenging examples, such as article 10, which is essential for all areas
of socialization: “Due respect should be given to the proper personal development of children
and young persons, and they should be accepted as full and equal partners in socialization and
integration processes”.

Or article 31 which states: “School policies should be fair and equitable, and students
should be represented in school policy, including policy on discipline and decision-making”.

A last example is taken from the chapter on social policy: “young person’s should be
involved in formulation and implementation of prevention programmes”.

Perhaps these different examples appear to be very evident. However, considerations


about children as fully-fledged participants are rather new in the legislation process,
especially within the context of prevention of juvenile delinquency.

The Guidelines are an expression of recent developments in the social and judicial
approach to children. Children are seen less as objects, rather as fully-fledged human beings
with their own capacities which should be valued and protected. The claim for the
recognition of the human rights of children is complementing, step by step, child protection.

The human rights issue is as challenging a concept in criminology. Prevention of


crime is no longer restricted to the reactions towards "dangerous" behaviour or situations;
prevention goes as much with the promotion and respect of human rights (civil, political,
social, cultural and economic rights) in every individual. Here again the Guidelines are
showing the way how such a fundamental starting point can be translated in policy and in
practice.

42
The Riyadh Guidelines are part of a recent but very strong movement for human
rights of children; their aim goes far beyond prevention of juvenile delinquency. A fair and
just society is, without any doubt, the best ground and the first soil for crime.

43
CHAPTER IV
THE STATUTORY FRAMEWORK IN INDIA

The Constitution of India has conferred enabling powers on State Government to make
special provisions for children as are found in Article15(3), Article 21A, Article 24, Article
39(e) and (f), Article 39A, Article 41 and Article 45. These provisions lay down that the
tender age of the children should not be abused and they should be given opportunities and
facilities to grow in a healthy manner and under conditions of freedom and dignity along wit
the right to elementary and primary education. The State and the society are legally and
morally bound to protect the child and the youth against exploitation and against moral and
material abandonment. In order to comply with the mandates of the Constitution, Children’s
Act was passed by different States in India to deal with juveniles, both neglected and
delinquent. However, in the case of Sheela Barse vs. Union of India,67 the Supreme Court
suggested that instead of each State having Children’s Act of its own, different in procedure
and content, there should be central legislation on the subject to bring in uniformity in regard
to various provisions relating to juveniles in the entire country. Consequently, the Juvenile
Justice Act, 1986 (hereinafter referred to as J.J. Act, 1986) was enacted to deal with the
problems of juvenile, neglected and delinquent. The Act came into force on the October 2,
1987. This comprehensive law, although was loaded with highly innovative features, had
various constraints which, inter alia, could not remove the jail-like conditions in the
children’s institutions and adult-offender like treatment to the juveniles. Besides, almost
complete absence of NGOs and civil society’s participation in the Juvenile Justice System,
there were also serious flaws in the management of Children’s Homes. The Act had also
failed to be implemented properly throughout the country, in the right spirit, during last 14
years. Finally, the Juvenile Justice (Care & Protection of Children) Act, 2015 (hereinafter
referred to as J.J. (C&P of C) Act, 2015) has been enacted thereby it had repealed the J.J. Act
of 1986.Moreover, most of the provisions of the J.J. Act, 1986 have also been retained in the
new J.J. (C&P of C) Act, 2015.
4.1 INDIAN CONSTITUTION, 1949
In Indian Constitution part three of Fundamental Right and part four of Directive Principles
of State Policy respectively contain some special provisions with respect to protection of
children.

67
AIR 1986 S.C.1773.

44
Article 14 of the constitution provides that The State shall not deny to any person equality
before the law or the equal protection of the laws within the territory of India.
Article 15 provides that The State shall not discriminate against any citizen on grounds only
of religion, race, caste, sex, and place of birth or any of them 68. No citizen shall, on grounds
only of religion, race, caste, sex, place of birth or any of them, be subject to any disability,
liability, restriction or condition with regard to— (a) access to shops, public restaurants,
hotels and places of public entertainment; or (b) the use of wells, tanks, bathing Ghats, roads
and places of public resort maintained wholly or partly out of State funds or dedicated to the
use of the general public69. Nothing in this article shall prevent the State from making any
special provision for women and children.70 (4) nothing in this article or in clause (2) of
article 29 shall prevent the State from making any special provision for the advancement of
any socially and educationally backward classes of citizens or for the Scheduled Castes and
the Scheduled Tribes. (5) Nothing in this article or in sub-clause (g) of clause (1) of article 19
shall prevent the State from making any special provision, by law, for the advancement of
any socially and educationally backward classes of citizens or for the Scheduled Castes or the
Scheduled Tribes in so far as such special provisions relate to their admission to educational
institutions including private educational institutions, whether aided or unaided by the State,
other than the minority educational institutions referred to in clause (1) of article 30.
Article 21A relates to Right of education. This article provides that the State shall provide
free and compulsory education to all children of the age of six to fourteen years in such
manner as the State may, by law, determine.71
Article 24 protects the Children against exploitation. According to this article, No child
below the age of fourteen years shall be employed to work in any factory or mine or engaged
in any other hazardous employment.
Article 39.provides that The State shall, in particular, direct its policy towards securing that
the citizens, men and women equally, have the right to an adequate means of livelihood;72
and that the ownership and control of the material resources of the community are so
distributed as best to sub serve the common good;73 it also provides that the operation of the
economic system does not result in the concentration of wealth and means of production to
the common detriment. Constitution makes it very clear that there is equal pay for equal work
68
Art 15 (1) of The Constitution of India
69
Art 15 (2).of the Constitution of India
70
Art 15 (3).of the Constitution of India
71
Inserted by the Constitution (eighty six amendment) Act 2002.
72
Art 39 (a).of the Constitution of India
73
Art 39 (b) Of the Constitution of India

45
for both men and women. State must ensure that the health and strength of workers, men and
women, and the tender age of children are not abused and that citizens are not forced by
economic necessity to enter avocations unsuited to their age or strength.74 State is also
directed that children are given opportunities and facilities to develop in a healthy manner
and in conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.75
Article 45 was substituted by the Eighty six amendments Act 2002, to ensure the primary
education of Children. It provides, that The State shall endeavor to provide, within a period of
ten years from the commencement of this Constitution, for free and compulsory education for
all children until they complete the age of fourteen years. Article 51-A (k) In this Article
Fundamental duty of the Parents towards their children ensured. According to this provision
who are parents as guardian for provisions the opportunity of education to their children as
the case is shall be guardian of the children of 6 years to 14 years of age.
4.2 INDIAN PENAL CODE, 1860
Indian Penal Code also provides safeguard to children and exempt children of tender age
from criminal liability on the concept of Mens Rea and it totally exempt children less than
seven years age from criminal liability.76
Section 82 provides that nothing is an offence which is done by a child under seven years of
age.
Section 83 gives restricted immunity to children above seven years age and less than twelve
years age according to section nothing is an offence which is done by a child above seven
years of age and under twelve, who has not attained sufficient maturity of understanding to
judge of the nature and consequences of his conduct on that occasion.
4.3 CRIMINAL PROCEDURE CODE, 1973
The Criminal Procedure Code provides special procedure regarding trial of juvenile.
 Section 27 authorizes only chief judicial magistrates to hold trial of juvenile offender.
According to section 27 Any offence not punishable with death or imprisonment for
life, committed by any person who at the date when he appears or is brought before
the court is under the age of sixteen years, may be tried by the court of’ a Chief-
Judicial Magistrate, or by any court specially empowered under the Children Act,

74
Art 39 (e) Of the Constitution of India
75
Art 39 (f)of the Constitution of India
76
Sec 82 of IPC, 1860

46
1960 (60 of 1960), or any other law for the time being in force providing for the
treatment, training and rehabilitation of youthful offenders.
 Section 360 provides for release of juvenile on probation and prescribes procedure in
this respect According to section 360 of Criminal Procedure Code, 1973, When any
person not under twenty-one years of age is convicted of an offence punishable fine,
or with imprisonment for a term of seven years or less, or when any person under
twenty-one years of age or any woman is convicted of an offence not Punishable with
death or imprisonment for life, and no previous conviction is proved against the
offender, if it, appears to the court before which he is convicted, regard being had to
the age, character or antecedents of the offender, and to the circumstances in which
the offence was committed, that it is expedient that the offender should be released on
probation of good conduct, the court may, instead of sentencing, him at once to any
Punishment, direct that he be released on his entering into a bond, with or without
sureties to appear and receive sentence when called upon during such period (not
exceeding three years) as the Court may direct and in the meantime to keep the peace
find be of’ good behaviour.77

Provided that where first offender is convicted by a Magistrate of the second class not
specially empowered by the High Court, and the Magistrate is of opinion that the powers
conferred by this section should be exercised, he shall record his opinion to that effect, and
submit the proceedings to a Magistrate of the first class forwarding the accuses to or taking,
bail for his appearance before, such Magistrate, who shall dispose of the case in the manner
provided by sub-section (2).
Where proceeding are submitted to the Magistrate of the 1st class as provided in sub-section
(1), such Magistrate may thereupon pass such sentence or make such order as he might have
passed or made if the case had originally been heard by him, and if thinks further inquiry or
additional evidence on any point to be necessary, he may make such inquiry or take such
evidence himself or direct such inquiry or evidence to be made or taken.78
In any case in which a person is convicted of theft, theft in a building, dishonest
misappropriation, cheating or any offence under the Indian Penal Code (45 of 1860)
punishable with not more than two years imprisonment or any offence punishable with fine
only and no previous conviction is proved against him, the court before which he is so

77
Section 360(1) of crpc, 1973
78
Section 360(2) of crpc, 1973

47
convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or
mental condition of the offender and to the trivial nature of the offence or any extenuating
circumstances under which the offence was committed, instead of sentences him to any
punishment, release him after due admonition.79
An order under this section may be made by any Appellate Court or by the High Court or
Court of Session when exercising its power of revision. When an order has been made under
this section in respect of any offender, the High Court or Court of Session may, on appeal
when there is a right of appeal to such court, or when exercising its powers of revision, set
aside such order, and in lieu thereof pass sentence on such offender according to law.80
Provided that the High Court or Court of Session shall not under this sub-section inflict a
greater punishment than might have been inflicted by the court by which the offender was
convicted. The provisions of sections 121, 124 and 373 shall, so far as may be applied in the
case of sureties offered in pursuance of the provisions of this section.
The court, before directing the release of an offender under sub-section (1) shall be satisfied
that an offender or his surety (if any) has a fixed place of abode or regular occupation in the
place for which the court acts or in which the offender is likely to live during the period
named for the observance of the conditions.81 If the court, which convicted the offender, or a
court which could have dealt with the offender in respect of his original offence, is satisfied
that the offender has failed to observe any of the conditions of his recognizance, it may issue
a warrant for his apprehension.
An offender, when apprehended on any such warrant, shall be brought forthwith before the
court issuing the warrant, and such court may either remand him in custody until the case is
heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence
and such court may after hearing the case, pass sentence.
It is further provided that this section shall not affect the provisions of the Probation of
offenders Act, 1958 (20 of 1958), or the Children Act, 1960 (60 of 1960), or any other law
for the time being in force for the treatment, training or rehabilitation of youthful offenders.82
4.4 DEVELOPMENT FROM 1947 TO 1986
Legal Provisions :
From the very first date of its adoption in 1950 the Constitution of India is securing
special status for children in the Indian polity. The Constitution through its various provisions

79
Section 360(3) of crpc, 1973
80
Section 360(5) of crpc, 1973
81
Section 360(7) of crpc, 1973
82
Section 360(10) of crpc, 1973

48
enshrined in Part III and Part IV which deals with Fundamental Rights and Directive
Principal respectively, guarantees the survival, development and protection of children.
The Nehru Report83, that contained the ‘principle of the Constitution of India‘,
provided inter alia that (i) all citizens of the India have the right to free elementary education
without any distinction of caste or creed , and (ii) Parliament shall make suitable laws for the
maintenance of health and fitness for work of all citizens, and welfare of children. The
principles of Nehru Committee Report that had been accepted in principle by the All Parties
Conference held at Lucknow in the end of August 1928 are now been incorporated in the
Constitution under Articles 15 (3), 24, 39 (e) and (f) and 45. The draft provisions of the
Indian Constitution recognized inter alia the principle of free elementary education without
any distinction of caste or creed. The provision of Articles 15(3) and 24 of the existing
Constitution were introduced at later stages of the Constitution Assembly Debates (CAD),
but failed to evoke discussion. While there is no explanation available for introduction of
children in the draft provision preceding Articles 15(3) the draft provision preceding Articles
24 was introduced pursuant to the Congress Declaration of 1933. Though these provisions
were not discussed during the CAD, they can still be said to be indicative of a consensus as
the principles behind these provisions did figure and were adopted at the All Parties
Conference in 1928. This conclusion can further be supported by the fact of inclusion of
children in Articles 15(3) of the Constitution, permitting the state to enact special legislation
for women and children. Various grounds on which discrimination has been prohibited by
Articles 15(1) of the Constitution do not include age among them. Hence absence of children
in Articles 15(3) would not have deterred the state from making special provisions for them84.
But the fact that children have still been included there reflects the focus of the Constitution
on their special needs.
In addition, the fundamental rights have been guaranteed by the Constitution to all of
its citizens irrespective of their age i.e. whether he is a child or an adult. The Constitution
guarantees to all the children below 14 years of age that they shall not be employed to work
in any factory or mine or engaged in any other hazardous employment. As per the provisions
of Articles 39(e) and (f) and 45 of the Constitution, employment that interferes with the
education of the child or exposes her/ him to exploitation will be considered as hazardous
83
Prepared by a committee headed by Motilal Nehru was appointed in pursuant of the All Partices Conference
meeting held in May 1928 at Bombay. See B. Shiva Bao (ed.) The Framing of India’s Constitution Select
Documents vol, 1, , pp. 58-60.
84
Anjali v State of West Bengal, AIR 1952 (SC) 825.

49
one85. The Constitution directs the State to protect children of tender age against abuse and
also ensure that they are not forced by economic necessity to enter avocations unsuited to
their age or strength. By virtue of Articles 39 (f) the State is also to ensure that children are
given opportunities and facilities to develop in a healthy manner and in conditions of freedom
and dignity and that children and youth are protected against exploitation and against moral
and material abandonment.
Articles 45 of the Constitution obligate the state to endeavor to provide for free and
compulsory education to all children until they complete the age of 14 years.
The constitutional concept of the children in India is of a healthy childhood with
opportunities for all-round growth and development, protected from exploitation and abuse,
and unburdened by child labour forced on them by economic necessity. This vision, however,
was a little blurred when it came to distribution of subject matters between the centre and the
states for purposes of legislation. Unless welfare of children was understood to be an integral
part of social planning (which it was not as proved by the subsequent pattern of legislation on
children), important subject heads like education, administration of justice, reformatories, and
other institutions of like nature were left with the states. It perpetuated non- uniformity of
approach and legislative provisions. The constitutional picture became clear with the transfer
of education and administration of justice to the concurrent list by the 42 nd Constitution
(Amendment) Act 1976.
With the increase in the number of neglected and delinquent juveniles in the wake of
partition, coupled with the special status of children in the Constitution, the period
immediately preceding and following the coming into force of the Constitution saw a spurt of
legislations relating to children. Not only were a series of Bills introduced in Parliament for
the care and protection of children,86 a number of States also enacted the Children Acts.87
Around the same time, the U.N. expert on criminology and correctional
administration, Dr. W.C. Reckless, made his recommendations for progressive prison
administration in India. He suggested giving top priority to the removal of justice delinquents

85
An Abstract of Professor Upendra Baxi’s keynotes Address,’ delivered at the Seminar on Child Labour in
India, held at the Indian Social Institute, New Delhi, 14-16 Nov.1985.
86
Children Protection Bill 1949-53, Prevention of Juvenile Vagrancy and Begging Bill 1952, Children Bill
1953, Women and Children Institutions Licensing Bill 1953. Young Harmful Publication Act 1956, Children
Bill 1959.
87
Namely, Bombay 1948, East Punjab 1949, Hyderabad (Telengana Area) 1951, Uttar Pradesh 1951, Saurashtra
1954, West Bengal 1959.

50
from adult jails, adult courts, and police lock-ups, as well as to the provision for juvenile
courts, remand homes, probation, certified schools, and after care88. Further impetus to enact
a special law for children was provided by the UN Declaration of the Rights of the Child in
1958. India passed its first central legislation, namely, the Children Act 1960 (hereafter
referred to as CA 1960), applicable only to the Union Territories. It was enacted as a model
to be followed by the states in the enactment of their respect Children Acts.
The CA1960, for the first time in India, prohibited imprisonment of children under
any circumstance. It also introduced a sex discriminatory definition of child. It provided for
separate adjudicatory bodies- a children court and a child welfare board- to deal with
delinquent and neglected children respectively. These adjudicatory bodies were to be manned
by persons who had special knowledge of child psychology and welfare. This Act introduced
the system of three –tire institutions, namely, an observation home for receiving children
during the pendency of their proceedings, a children’s home for housing neglected children,
and a special school for delinquent children. All states which enacted their Children Acts
following the CA 1960 had provisions similar to it.
A decision of the Gujarat High Court89 striking down a provision prohibiting a lawyer
in juvenile court proceedings, as well as other difficulties being experienced over the years in
the functioning of the CA1960 led to the passing of Children (Amendment) Act 1978. The
new permitted lawyers in the children court; made provisions for inter-transfer of cases
between the board and the children court; and for wider community involvement through
measures like a penal of social workers to assist the children court, fit person, fit institution,
and place of safety.
In the “International year of the Child”, celebrated in the year of 1979 all states except
Nagaland, Orissa, Sikkim, and Tripura enacted Children Acts of its own. Moreover, as the
State of Bihar already had a Children ordinance it did not enacted any new Act. But the
center’s efforts to persuade the states with differential provisions90 to modify their Acts to
bring them in conformity with the Central Act bore little result. Only Karnataka and Andhra
Pradesh amended the definition of child on the lines of the Central Children Act. Children
continued to be subjected to differential treatment originating from the varying conceptions

88
Jail Administration in India, United Nations Technical Assistance Programme, 1953, p.35.
89
Kario alias Mansingh Malu and others v State of Gujarat (1969) 10 Cri LJ 66.
90
Namely, Madras, Andhra Pradesh, Gujarat, Maharashtra, Karnataka, East Punjab, Uttar Pradesh, and West
Bengal.

51
of child and childhood. The constitutional guarantee of equal protection of the law became a
casualty of the legislative autonomy of the states.
The age below which a person was considered to be a child differed in at least six
states. West Bengal and Gujarat had prescribed 18 years for both girls and boys. In
Maharashtra, Punjab, and Uttar Pradesh it was 16 years for both the girls and the boys. Tamil
Nadu describes persons below 14 years as children and those above 14 but below 18 as young
persons, and institutions for them were established on this basis. There is difference in age
group for children residing in different states. A delinquent child of seventeen years was
entitled to all the benefits of the Children Act in Gujarat or west Bengal but if she belonged to
Maharashtra or was transferred there, she would have been treated as an adult offender and
might have ended up in its jails.
The variations in definition of delinquent and neglected child also resulted in
discrimination. A child whose parents were unable to take care of her/him was considered a
neglected child under the CA1960 but not under the Children Acts of Uttar Pradesh, Punjab,
Tamil Nadu, West Bengal, Andhra Pradesh, and Gujarat.
States like Maharashtra and Gujarat were involving volunteers and public in the work
of the Children Act in good measure – thus keeping the child in the mainstream of society. In
a majority of states this outlook itself was missing which not only adversely affected their
development and growth but also resulted in their alienation from the community.
The approach towards institutions also differed under the various Children Acts.
Karnataka, Kerala, Maharashtra, Punjab, and Uttar Pradesh had a single institution for both
delinquent and neglected children and that was contrary to the principle of segregation and
individualization. The minimum standards, treatment programmes, and so on, followed by
different states also varied depending upon the policy of the individual state.
Imprisonment in exceptional circumstances was permissible under the Children Acts
of Madras, Punjab and Uttar Pradesh while it was specially barred under the CA 1960 and
other Acts following it. A delinquent child could lawfully be sent to prison because of the
discriminatory provisions or enforcement of the various Children Acts, if she/ he was in a
region where either no Children Act was in force or the Children Act in force permitted
imprisonment.
By 1984-85 the Children Acts though enacted were not enforced at all in Sikkim,
Tripura, Arunachal Pradesh, Chandigarh, and Lakshadweep and were enforced partially in

52
Assam and Jammu and Kashmir. Even at places where the Acts were enforced the specialized
machinery had either not been constituted at all or not constituted in the prescribed manner91.
The need for a uniform Children Act continued to be emphasized at official and non-
official fora92, but the central government showed its inability to enact one on the ground that
the subject matter of Children Act fell in the state list of the Seventh Schedule of the
Constitution. The judiciary, too time and again emphasized the need for a Children Act in
every state93.
With the adoption by the UN General Assembly of the Beijing Rules in 2013
recommendation for a uniform law in the 69th Report of the Committee on Subordinate
Legislation tabled in Parliament on 12th May 1986 and the Supreme Court’s suggestion in
1986 for initiation of Parliamentary legislation on the subject, the stage was set for bringing
about uniformity in the law relating to juvenile justice all over the country.
Parliamentary enacted the Juvenile Justice Act, 1986 and brought it into force on 2
October 1987 in all the areas to which it was extended. Though the JJA extended to the whole
of India except the state of Jammu and Kashmir, it virtually brought about a uniform system
of Juvenile Justice in the Whole country94. In addition, the JJA provided for prohibition of
confinement of children in police lock-up or jail, separate institutions for the processing,
treatment, and rehabilitation of the neglected and delinquent children, a wide range of
disposition alternatives, to family/ community-based placement, and a vigorous involvement
of voluntary agencies at various stages of the juvenile justice process.
4.5 THE JUVENILE JUSTICE ACT, 1986
The JJA, 1986, for the first time in the history of Juvenile Justice System in India, conceived
a completely independent justice system for the juveniles as is evident from its Preamble,
given as under:
“An Act to provide for the care, protection, treatment, development and rehabilitation
of neglected or delinquent juveniles and for the adjudication of certain matters relating to,
and disposition of delinquent juveniles.”

91
Sunil Kumar v State, 1983 Cri LJ 99 (Ker.)
92
The issue was raised and discussed time and again in Parliament during the debates on the debates on the
Children Bills of 1953 and 1959.
93
Sheela Barsw v. Union of India, AIB 1986 (SC) 1773; Nuruddin v. State of HP, 1984 Cri LJ 1712; Moti v.
State, 1981 Cri LJ 45 (NOC)
94
The provision of the Jammu and Kashmir Children Act 1970, in force in Jammu and Kashmir, were more or
less similar in approach to the JJA.

53
The JJA, 1986 replaced the Children Acts, which came into force on 2nd October 1987
brought about a uniform statutory framework of juvenile justice system or the whole of India
except the State of Jammu and Kashmir. The objective of the Act, as mentioned in the
‘statement of objects and reasons’, was as under:
1. To lay down an uniform legal framework for juvenile justice in the country so as to
ensure that no child under any circumstances is lodged in jail or police lock up. This
is being ensured by establishing Juvenile Welfare Board and Juvenile Courts;
2. To provided for a specialized approach towards the prevention and treatment of
juvenile delinquency in its full range within the purview of the juvenile justice
system. This is proposed to be achieved by establishing observation homes, for
delinquent juveniles ;
3. To establish norm and standards for the administration of juvenile justice in terms of
investigation and prosecutions, adjudication and disposition, care, treatment and
rehabilitation.
4. To constitute special offences in relation to juveniles and provided for punishment
therefore;
5. To bring the operation of the juvenile justice in the country in conformity with the
United Nations Standard Minimum Rules for the Administration of juvenile justice.
It is important to mention here that care, protection, treatment, development and
rehabilitation of both neglected and delinquent juveniles was the primary object of the Act, in
place of the punishment or trial of delinquent juveniles. Even a delinquent child after arrest
could not be sent to a police station or jail but the delinquent juvenile must be kept in an
observation home in a place of safety or with the parent or with the guardian. It was expected
that the observation home, as the name suggests, would have the qualities of a home and its
purpose was to observe the attitudes and responses of the juvenile. Even after the finding that
he or she had committed an offence, he/she had to be placed in the Special Home, which had
to provide to the delinquent juvenile not only care, protection and maintenance but, in
addition, also the facilities for his / her reformation.
The Act has replaced the traditional mechanism for dealing in conflicts with law under
the Children Acts in various States and Union Territories. The Act is intended to protect the
best interests of juvenile.

54
4.5.1 WHO IS JUVENILE
Under the JJA 1986, juvenile means a boy who has not attained the age of sixteen years or a
girl who has not attained the age of eighteen years95. The juveniles are further classified into
Neglected juveniles and Delinquent juveniles.
a) NEGLECTED JUVENILE
A neglected juvenile is a very wide term and includes a juvenile who (i) is found begging; or
(ii) is found without having any home or settled place of abode and without any ostensible
means of subsistence and is destitute; or (iii) has a parent or guardian who is unfit or
incapacitated to exercise control over the juvenile; or (iv) lives in brothel or with a prostitute
or frequently goes to any place used for the purpose of prostitution, or is found to associate
with any prostitute or any other person who leads an immoral, drunken or deprived life; (v)
who is being or is likely to be abused or exploited for immoral or illegal purposes or
unconscionable gain.
b) DELINQUENT JUVENILE
Delinquent juvenile has been defined in the Juvenile Justice Act, hereinafter called JJ Act, as:
a juvenile who has been found to have committed an offence. A child below seven years of
age or who is above seven but below twelve years of age, who has not attained the sufficient
maturity to understand the nature and consequences of his/her conduct, cannot be dealt with
as juvenile delinquent as he/she is incapable of committing an offence as provided by Penal
Code.
The Juvenile Court has jurisdiction to deal with the juvenile delinquent under the Act. The
Juvenile Welfare Board, under the Act, has been empowered to exercise powers and
discharge duties in relation to neglected juveniles. The Juvenile Welfare Board has also
jurisdiction to deal with the Uncontrollable Juveniles as defined in Section 17 of the JJ Act.
4.5.2 COMPONENTS OF JUVENILE JUSTICE SYSTEM
The effectiveness of any system depends upon the components of the agencies that are
responsible to implement it. Following components may be identified operating in the
Juvenile Justice System:-
(a)Agencies that bring the juveniles to the notice of law;
(b) Judicial and Quasi-judicial bodies to determine facts and take appropriate action as
prescribed in the Juvenile Justice Act, 1986; and
(c) Institutional facilities and non-institutional alternatives. Agencies that bring the Juveniles
to notice of Law.

95
Section 2 (h) of the JJA 1986.

55
(a)Agencies that bring the juveniles to the notice of law:
Apart from police, other authorized persons, parents or organizations that bring the juveniles
before the Juvenile Welfare Board or Juvenile Court, as the case may be, come under this
category. Uncontrollable juveniles, generally, are brought before the Juvenile Welfare Board
by the parents or guardian. A police officer, other person or organization authorized in this
respect by the State Government have been empowered to take charge of an apparently
neglected juvenile to bring him before a Board. When information is given to an Officer- in-
Charge of a Police Station about any neglected juvenile found within the jurisdiction of such
station, he shall enter in a book to be kept for the purpose, the substance of such information
and take such action thereon as he deems fit and if such officer does not propose to take
charge of the juvenile, he shall forward a copy of the entry made to the Board within any loss
of time but within a period of twenty four hours of such charge taken excluding the time
necessary for the journey from the place where the juvenile had been taken charge of to the
Board. Every juvenile taken charge of, shall, unless he is kept with his parent or guardian, be
sent to an observation home (but not to a police station or jail) until he can be brought before
a Board96.
If a person, who in the opinion of the police officer or the authorized person or
organization is a neglected juvenile, has a parent or guardian, who has actual charge of, or
control over, the police officer or the authorized person or the organization may, instead of
taking charge of the juvenile, make a report to the Board for initiating an inquiry regarding
that juvenile. On receipt of this report, the Board may call upon the parents or guardian to
produce the juvenile before it and to show cause why the juvenile should not be dealt with as
a neglected juvenile under the provisions of this Act and if it appears to the Board the
juvenile is likely to be removed from its jurisdiction or to be cancelled, it may immediately
order his removal (if necessary by issuing a search warrant for the immediate production of
the juvenile) to an observation home or a place of safety97.

When any person accused of a bailable or non-bailable offence and apparently a


juvenile is arrested or detained or appears or is brought before a juvenile court, such person
shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any
other law for the time being in force, be released on bail with or without surety but he shall

96
. Section 13 of 1986 Act. Supra note 30.
97
Section 14 of 1986 Act. Supra note 30.

56
not be so released if there appear reasonable grounds for believing that the release is likely to
bring him into association with any known criminal or expose him to moral danger or that his
release would defeat the ends of justice. When such person having been arrested is not
released on bail under this Section by the Officer- in-Charge of the Police Station, such
officer shall cause him to be kept in an observation or a place of safety in the prescribed
manner (but not in Police Station or jail) until he can be brought before a juvenile court.
When such person is not released on bail under this Section by the juvenile court, it shall,
instead of committing him to prison, make an order sending him to an observation home or
place of safety for such period during the pendency of the inquiry regarding him as may be
specified in the order98.
Where a juvenile is arrested, the officer-in-charge of the police station to which the
juvenile is brought shall, as soon as may be, after the arrest, inform (a) the parent or guardian
of the juvenile, if he can be found, of such arrest and direct him to be present at the juvenile
court before which the juvenile will appear; and (b) the probation officer of such arrest in
order to enable him to obtain information regarding the antecedents and family history of the
juvenile and other material circumstances likely to be of assistance to the juvenile court for
making the inquiry99.
(b) Judicial and Quasi-judicial Bodies
All judicial and quasi-judicial bodies which operate as juvenile court or Board or
administrative bodies having authority to determine the facts and take appropriate actions as
prescribed in the Juvenile Justice Act, 1986, come under this category. The details of these
components have been described in the following paragraphs.
The State Government has been empowered to constitute one or more juvenile courts
for any area as specified in the notification. The juvenile courts are to be established for
discharging the duties imposed and exercising the powers conferred on it by the Act in
relation to delinquent juvenile. All matters relating to the age of the delinquent juvenile, the
determination of an offence by the juvenile court as well as passing of orders in their cases is
the responsibility of the juvenile court100. The procedure of the juvenile court is based on the
following philosophical assumptions101:

98
. Section 18 of 1986 Act. Supra note 30.

99
Section 19 of 1986 Act. Supra note 30.
100
Section 5(1) of 1986 Act. Supra note 30.
101
S.P. Srivastava; Juvenile Justice in India- Policy, Programme and Perspective, pp.41- 42 (1989)

57
a) The Superior Rights of the States:
The State is the “higher or ultimate parent” of all the children within it borders. The rights of
the child’s own parents are always subject to the control of the State when in the opinion of
the court, the best interest of the child demand it.
b) Individualization of Justice:
A basic principle in the philosophy of juvenile court is the recognition that people are
different and that each individual must be considered in the light of his own background and
personality. The court, therefore, must adapt its actions to the circumstances of the individual
case by ascertaining the needs and potentialities of the child and coordinating the knowledge
and skill of law, science and social work for the promotion of his welfare.
c) The Status of Delinquency:
The State should try to protect the child from the harmful brand of criminality. In order to
accomplish this, the law has accorded special status to delinquency which is some-thing less
than crime.
d) Non-Criminal Procedure:
By means of an informal procedure, the juvenile court functions in a way as to give primary
consideration to the interests of the child.
e) Remedial, Preventive and Non-Punitive Purpose
The action of the juvenile court is to save the child and to prevent him from becoming a
criminal. It seeks to provide him with about the same care and protection that his parents
should give. The substitution of treatment for punishment is an essential element in the
philosophy of the juvenile court.
The juvenile court shall consist of such number of Metropolitan Magistrates or
Judicial Magistrates of the first class, as the case may be, forming a Bench as the State
Government thinks fit to appoint, of whom one shall be designated as the principal
magistrate, and every such Bench have powers conferred by the Code of Criminal Procedure,
1973 on a Metropolitan Magistrate or as the case may be, a judicial magistrate of the first
class102. A panel of two honorary social workers, to be appointed by the State Government,
must assist the juvenile court, one of such social workers must be a woman103.

102
Section 5(2) of the 1986 Act.
103
Section 5(3) of the 1986 Act.

58
No person who does not have special knowledge of child psychology and child
welfare can be appointed as a member of Board or a magistrate of the juvenile court104. The
juvenile court shall have power to deal exclusively with all proceedings relating to delinquent
juveniles105. The juvenile court shall hold its sitting at such place, on such day and in such
manner, as may be prescribed. As far as practicable, inquiry regarding a juvenile is held in a
building or room different from that in which the ordinary sittings of civil or criminal courts
are held or on different dates or at times different from those at which the ordinary sittings of
such courts are held. The juvenile shall not be charged with or tried for any offence together
with a person who is not a juvenile106.
Under the Juvenile Justice Act, 1986, Juvenile Welfare Boards are to be established to
deal with neglected juveniles. The State Government has empowered to constitute one or
more Juvenile Welfare Boards for any area as specified in the notification. The Boards are to
be established for discharging the duties imposed and exercising the powers conferred on it
by the Act in relation to neglected juveniles107.
The Board shall consist of a Chairman and such other members, forming a Bench, as
the State Government thinks fit to appoint, and every such Bench shall have the powers
conferred by the Code of Criminal Procedure, 1973, on a metropolitan magistrate or, as the
case may be, a judicial magistrate of the first class. One of such member of the Board must be
a woman108.
The Juvenile Justice Act has provided for the establishment and maintenance of
Observations Homes for the temporary reception of juveniles during the pendency of any
inquiry regarding them under the Act. The State Government may establish as many
observation homes as may be necessary for the reception of juveniles during the pendency of
any inquiry109.
It may recognize such other institution, as an observation home, if such other
institution is fit for the temporary reception of juveniles during the pendency of any inquiry
regarding them under the Act. Every observation home shall not only provide the juvenile

104
Section 6(3) of the 1986 Act.
105
Section 7(1) of the 1986 Act.
106
Section 24 of the 1986 Act. .
107
Section 4(1) of the 1986 Act.
108
Section 4(2) of the 1986 Act.
109
Section 11(1) of the 1986 Act.

59
with accommodation, maintenance and facilities for medical examination and treatment, but
also provide him with facilities for useful occupation110.
The State Government may provide rules for the management of observation homes,
including the standards and the nature of services to be maintained by them and the
circumstances under which, and manner under which, an institution may be recognized as an
observation home or the recognition may be withdrawn111.
(c) Institutional facilities and non-institutional alternatives
Institutional facilities and Non-Institutional Alternatives there was practice to commit
the juveniles into adult penal institutions, even if they had committed petty offences. At the
beginning of the twentieth century and the advent of the philosophy of the juvenile court, the
above practice was criticized by various sociologists and psychologists. The Indian Jail
Committee (1919-20), for the first time, criticized the practice of sending the juvenile
offenders to prisons. The Committee recommended the setting of basic framework of juvenile
corrections system in the country. The recommendations of the Committee were incorporated
in the Central Children Act, 1960 and later in the Juvenile Justice Act, 1986. The non-
institutional alternatives, which be made available to the juvenile delinquent under the JJ Act,
may be summarized as under112:-
a) The juvenile may be allowed to go home after advice or admonition;
b) The juvenile may be directed to be released on probation of good conduct and placed \
under the cause of any parent guardian or other fit person, on such parent or fit person\
executing a bond, with or without surety as that court may require, for the good conduct,
behaviour and well being of the juvenile for any period not exceeding three years;
c) The juvenile may be directed to be released on probation of good conduct and placed under
the care of any fit institution for the good behaviour and well being of the juvenile for any
period not exceeding three years;
d) An order may be made directing the juvenile to be sent to the special home -
i)In the case of boy over fourteen years of age or a girl over sixteen years of age, for a period
not less than three years.

110
Section 11(2) of the 1986 Act..
111
Section 11(4) of the 1986 Act..
112
Section 38 of the 1986 Act..

60
ii) In the case of any other juvenile, for the period until he ceases to be a juvenile provided
that the juvenile court may, if it is satisfied that having regard to the nature of the offence and
the circumstances of the case, it is expedient so to do, for reasons to be recorded, reduce the
period of stay to such period as it thinks fit;
Provided further that the juvenile court may, for reasons to be recorded, extend the
period of such stay, but in no case, the period of stay shall extend beyond the time when\ the
juvenile attains the age of eighteen years, in case of a boy, or twenty years, in case of a girl.
e) Order the juvenile to pay fine if he is over fourteen years of age and earns money.
When the juvenile court is of the opinion that the parent, guardian or other authorized
person of the juvenile is unfit or not able to take proper care, it may prescribe following
institutional arrangement for the juveniles under the Juvenile Justice Act, 1986.
(a) Juvenile Homes - It may be stated that Juvenile Homes may be maintained by the State
Government for receiving the neglected juveniles. The Juvenile Home to which a neglected
juvenile is sent, shall not only provide the juvenile with accommodation, maintenance and
facilities for education, vocational training and rehabilitation, but also provide him with
facilities for the development of his character, and abilities and give him necessary training
for protecting himself against moral danger or exploitation and shall also perform such other
functions as may be prescribed to ensure all round growth and development of his
personality.
(b) Special Homes - The State Government may establish and maintain as many special homes
as may be necessary for the reception of delinquent juveniles under this Act. Every special
home to which a delinquent juvenile is sent under this Act shall not only provide the juvenile
with accommodation, maintenance and facilities or education, vocational training and
rehabilitation, but also provide him with facilities for the development of his character and
abilities and give him necessary training for his reformation and shall also perform such other
functions as may be prescribed to ensure all round growth and development of his
personality.
4.5.3 DRAWBACKS OF THE ACT
 Lack of Resources and institutions: Due to the absence of infrastructure in many parts
of the country the children most often land up in jail. The government constantly had
expressed helplessness to create infrastructure on the ground of inadequate funds but,
in reality they also lacked the desired will to create infrastructure113.

113
Jayshree Jaiswal, “Human Rights of Accused and Juveniles”( Delinquent/ in conflict with law), 2005, pg.202.

61
 Lack of Awareness even among Judges: the judgment of the Allahabad High Court in
Lal Diwan v. State of U.P114. brings to light even more distressing facts about the
awareness and sensitivity of the judges to law and philosophy relating to delinquent
juveniles. Fifteen years of child was found to have committed murder and was
sentenced to life imprisonment by the Sessions Judge on 24.07.1980. The child
remained in prison for long fifteen years becoming 31 and half years old. Then on
22.02.1986 the High Court setting him at liberty decided by reference to the U.P.
Children Act that he could have been sent to prison but not beyond the time when he
would have attained the age of 18 years115.
 Restricted definition of delinquent juvenile: although the JJA 1986, presented a
statutory framework of juvenile justice system independent of Criminal Justice
System, but the definition of a Delinquent Juvenile given in section 2(e) 116 restricting
the scope of operation of the JJA,1986 because, unless a juvenile commits an
“Offence”117 , the JJA,1986 could not intervene. In this way, the definition of
Delinquent Juvenile excluded from its ambit such contributory actions which had led
to act of offence but those acts were by themselves not an offence.
According to the provision under S.21 (1) (c) where a juvenile court is satisfied on
inquiry that juvenile has committed an offense then notwithstanding anything to the contrary
contained in any other law for the time being in force, the juvenile court may, if he so thinks
fit, order juvenile to pay a fine if he is over fourteen years of age and earns money. This
provision is in contradiction of the policy of the Act as imposition of fine is no treatment.
This would in no way correct the juvenile instead make him or her to commit more crimes so
as to make up the loss."
4.6 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
Juvenile Justice (Care and Protection of Children) Act, 2015 has come into force from 15
January 2016, and repeals the Juvenile Justice (Care and Protection of Children) Act, 2000.
The Juvenile Justice (Care and Protection of Children) Bill, 2015 was passed by Lok Sabha

114
1995 Cr. L.J.389 (All.)
115
See, supra, note 26,at p.395.
116
Juvenile Justice Act, 1986, s.2(e)- “delinquent juvenile” means a juvenile who has been found to have
committed an offence.
117
Ibid., S.2(n) – “Offence” means an offence punishable under any law for the time being in force.

62
on 7th May, 2015; was passed by Rajya Sabha on 22nd December, 2015 and received
Presidential assent on 31st December, 2015. 118
The JJ Act, 2015 provides for strengthened provisions for both children in need of
care and protection and children in conflict with law. Some of the key provisions include:
change in nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’, across the
Act to remove the negative connotation associated with the word “juvenile”; inclusion of
several new definitions such as orphaned, abandoned and surrendered children; and petty,
serious and heinous offences committed by children; clarity in powers, function and
responsibilities of Juvenile Justice Board (JJB) and Child Welfare Committee (CWC); clear
timelines for inquiry by Juvenile Justice Board (JJB); special provisions for heinous offences
committed by children above the age of sixteen year; separate new chapter on Adoption to
streamline adoption of orphan, abandoned and surrendered children; inclusion of new
offences committed against children; and mandatory registration of Child Care Institutions.
Under Section 15, special provisions have been made to tackle child offenders committing
heinous offences in the age group of 16-18 years. The Juvenile Justice Board is given the
option to transfer cases of heinous offences by such children to a Children’s Court (Court of
Session) after conducting preliminary assessment. They provide for placing children in a
‘place of safety’ both during and after the trial till they attain the age of 21 years after which
an evaluation of the child shall be conducted by the Children’s Court. After the evaluation,
the child is either released on probation and if the child is not reformed then the child will be
sent to a jail for remaining term. The law will act as a deterrent for child offenders
committing heinous offences such as rape and murder and will protect the rights of victim.
To streamline adoption procedures for orphan, abandoned and surrendered children,
the existing Central Adoption Resource Authority (CARA) is given the status of a statutory
body to enable it to perform its function more effectively. Processes have been streamlined
with timelines for both in-country and inter-country adoption including declaring a child
legally free for adoption.
Several rehabilitation and social reintegration measures have been provided for
children in conflict with law and those in need of care and protection. Under the institutional
care, children are provided with various services including education, health, nutrition, de
addiction, treatment of diseases, vocational training, skill development, life skill education,
counseling, etc to help them assume a constructive role in the society. The variety of non-

118
73. http://www. Pib.nic.in

63
institutional options include: sponsorship and foster care including group foster care for
placing children in a family environment which is other than child’s biological family, which
is to be selected, qualified, approved and supervised for providing care to children.
Several new offences committed against children, who are so far not adequately covered
under any other law, are included in the Act. These include: sale and procurement of children
for any purpose including illegal adoption, corporal punishment in child care institutions, use
of child by militant groups, offences against disabled children and, kidnapping and abduction
of children.
All child care institutions whether run by State Government or by voluntary or non
Governmental organizations, which are meant, either wholly or partially for housing children,
regardless of whether they receive grants from the Government, are to be mandatorily
registered under the Act within 6 months from the date of commencement of the Act.
Stringent penalty is provided in the law in case of non-compliance.
Under the new Juvenile Justice (Care and Protection) Act 2015, first time police registered
the case under section 279, 337 and 304 (for culpable homicide not amount to murder which
entails a maximum of 10 years jail), when a teenager, who allegedly ran over a 32 year old
marketing executive while driving his father's Mercedes in Delhi in April and Juvenile Justice
Board said the investigation officer had rightly booked the accused for culpable homicide as
it seems that the juvenile was driving not merely rash and negligent but also knew well that it
could lead a serious accident. Juvenile Justice Board also ordered that the boy would face
trial as an adult while observing that the offence alleged committed by him was “heinous”,
which under the act referred to as offence committed by a child who has completed, or is
above 16 year of age and the case transferred to the Session Court. It is the first of its kind
case since the amendment in the Juvenile Justice (Care and Protection of Children) Act 2015,
which allowed the Board to transfer cases of heinous offences by children to the session
court.
4.6.1 WHO IS A JUVENILE?
In this Act, ‘Juvenile ‘or ‘Child’ means a person who is below the age of eighteen years. A
boy or girl under 18 years of age is Juvenile or Child under Section 2(35) of Juvenile Justice
(Care & Protection of Children) Act, 2015.
4.6.2 WHO IS A CHILD IN CONFLICT WITH LAW?
Section 2(13) of JJA(C&P),2015 has defined, “Child in conflict with law” as child who is
alleged or found to have committed an offence and who has not completed eighteen years of
age on the date of commission of such offence.

64
4.6.3 WHO IS A CHILD IN NEED OF CARE AND PROTECTION?

Section 2(14) defines a child in need of care and protection as a child—

i. who is found without any home or settled place of abode and without any
ostensible means of subsistence; or

ii. Who is found working in contravention of labour laws for the time being in
force or is found begging, or living on the street; or

iii. Who resides with a person (whether a guardian of the child or not) and such
person—

A. has injured, exploited, abused or neglected the child or has violated any
other law for the time being in force meant for the protection of child; or

B. has threatened to kill, injure, exploit or abuse the child and there is a
reasonable likelihood of the threat being carried out; or

C. has killed, abused, neglected or exploited some other child or children and
there is a reasonable likelihood of the child in question being killed, abused,
exploited or neglected by that person; or

iv. who is mentally ill or mentally or physically challenged or suffering from


terminal or incurable disease, having no one to support or look after or having
parents or guardians unfit to take care, if found so by the Board or the Committee;
or

v. who has a parent or guardian and such parent or guardian is found to be unfit
or incapacitated, by the Committee or the Board, to care for and protect the safety
and well-being of the child; or

vi. who does not have parents and no one is willing to take care of, or whose
parents have abandoned or surrendered him; or

vii. who is missing or run away child, or whose parents cannot be found after
making reasonable inquiry in such manner as may be prescribed; or

viii. who has been or is being or is likely to be abused, tortured or exploited for the
purpose of sexual abuse or illegal acts; or

65
ix. Who is found vulnerable and is likely to be inducted into drug abuse or
trafficking; or

x. who is being or is likely to be abused for unconscionable gains; or

xi. Who is victim of or affected by any armed conflict, civil unrest or natural
calamity; or

xii. Who is at imminent risk of marriage before attaining the age of marriage and
whose parents, family members, guardian and any other persons are likely to be
responsible for solemnisation of such marriage.

4.6.4 JUVENILE JUSTICE BOARD

The State Government shall, constitute for every district, one or more Juvenile Justice Boards
for exercising the powers and discharging its functions relating to children in conflict with
law under this Act.119 (2) A Board shall consist of a Metropolitan Magistrate or a Judicial
Magistrate of First Class not being Chief Metropolitan Magistrate or Chief Judicial
Magistrate (hereinafter referred to as Principal Magistrate) with at least three years
experience and two social workers selected in such manner as may be prescribed, of whom at
least one shall be a woman, forming a Bench and every such Bench shall have the powers
conferred by the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or, as the
case may be, a Judicial Magistrate of First Class. (3) No social worker shall be appointed as a
member of the Board unless such person has been actively involved in health, education, or
welfare activities pertaining to children for at least seven years or a practicing professional
with a degree in child psychology, psychiatry, sociology or law. (4) No person shall be
eligible for selection as a member of the Board, if he –– (i) has any past record of violation of
human rights or child rights; (ii) has been convicted of an offence involving moral turpitude,
and such conviction has not been reversed or has not been granted full pardon in respect of
such offence; (iii) has been removed or dismissed from service of the Central Government or
a State Government or an undertaking or corporation owned or controlled by the Central
Government or a State Government; (iv) has ever indulged in child abuse or employment of
child labour or any other violation of human rights or immoral act.(5) The State Government
shall ensure that induction training and sensitization of all members including Principal
Magistrate of the Board on care, protection, rehabilitation, legal provisions and justice for

119
Section 4(1) of Juvenile Justice(Care and Protection of Children) Act, 2015

66
children, as may be prescribed, is provided within a period of sixty days from the date of
appointment.120
The appointment of any member of the Board, except the Principal Magistrate, may
be terminated after holding an inquiry by the State Government, if he –– (i) has been found
guilty of misuse of power vested under this Act; or (ii) fails to attend the proceedings of the
Board consecutively for three months without any valid reason; or (iii) fails to attend less
than three-fourths of the sittings in a year; or (iv) becomes ineligible under subsection (4)
during his term as a member121.
4.6.5 PROCEDURE IN RELATION TO THE BOARD
(1) The Board shall meet at such times and shall observe such rules in regard to the
transaction of business at its meetings, as may be prescribed and shall ensure that all
procedures are child friendly and that the venue is not intimidating to the child and does not
resemble as regular courts. (2) A child in conflict with law may be produced before an
individual member of the Board, when the Board is not in sitting. (3) A Board may act
notwithstanding the absence of any member of the Board, and no order passed by the Board
shall be invalid by the reason only of the absence of any member during any stage of
proceedings: Provided that there shall be at least two members including the Principal
Magistrate present at the time of final disposal of the case or in making an order under sub-
section (3) of section 18. (4) In the event of any difference of opinion among the members of
the Board in the interim or final disposal, the opinion of the majority shall prevail, but where
there is no such majority, the opinion of the Principal Magistrate, shall prevail.122
4.6.6 POWERS AND FUNCTIONS OF THE BOARD
Juvenile Justice (Care and Protection of Children) Act, 2015 confers very broad Powers and
function to juvenile justice board. The Board constituted for any district shall have the power
to deal exclusively with all the proceedings under this Act, relating to children in conflict
with law, in the area of jurisdiction of such Board. (2) The powers conferred on the Board by
or under this Act may also be exercised by the High Court and the Children’s Court, when the
proceedings come before them under section 19 or in appeal, revision or otherwise. (3) the
functions and responsibilities of the Board shall include’––
(a) Ensuring the informed participation of the child and the parent or guardian, in every step
of the process;

120
Section 4(5) of Juvenile Justice(Care and Protection of Children) Act, 2015
121
Section 4(7) of Juvenile Justice (Care and Protection of Children) Act, 2015
122
Section (7) of Juvenile Justice (Care and Protection of Children) Act, 2015

67
(b) Ensuring that the child’s rights are protected throughout the process of apprehending the
child, inquiry, aftercare and rehabilitation;
(c) Ensuring availability of legal aid for the child through the legal services institutions;
(d) Wherever necessary the Board shall provide an interpreter or translator, having such
qualifications, experience, and on payment of such fees as may be prescribed, to the child if
he fails to understand the language used in the proceedings;
(e) Directing the Probation Officer, or in case a Probation Officer is not available to the Child
Welfare Officer or a social worker, to undertake a social investigation into the case and
submit a social investigation report within a period of fifteen days from the date of first
production before the Board to ascertain the circumstances in which the alleged offence was
committed123;
(f) Adjudicate and dispose of cases of children in conflict with law in accordance with the
process of inquiry specified in section 14;
(g) Transferring to the Committee, matters concerning the child alleged to be in conflict with
law, stated to be in need of care and protection at any stage, thereby recognizing that a child
in conflict with law can also be a child in need of care simultaneously and there is a need for
the Committee and the Board to be both involved;
(h) Disposing of the matter and passing a final order that includes an individual care plan for
the child’s rehabilitation, including follow up by the Probation Officer or the District Child
Protection Unit or a member of a non-governmental organization, as may be required;
(i) Conducting inquiry for declaring fit persons regarding care of children in conflict with
law;
(j) Conducting at least one inspection visit every month of residential facilities for children in
conflict with law and recommend action for improvement in quality of services to the District
Child Protection Unit and the State Government;
(k) Order the police for registration of first information report for offences committed against
any child in conflict with law, under this Act or any other law for the time being in force, on a
complaint made in this regard;
(l) Order the police for registration of first information report for offences committed against
any child in need of care and protection, under this Act or any other law for the time being in
force, on a written complaint by a Committee in this regard;

123
Section 8 (3) of Juvenile Justice(Care and Protection of Children) Act, 2015

68
(m) Conducting regular inspection of jails meant for adults to check if any child is lodged in
such jails and take immediate measures for transfer of such a child to the observation home;
and any other function as may be prescribed.
4.6.7 APPREHENSION OF JUVENILE
As soon as a child alleged to be in conflict with law is apprehended by the police, such child
shall be placed under the charge of the special juvenile police unit or the designated child
welfare police officer, who shall produce the child before the Board without any loss of time
but within a period of twenty-four hours of apprehending the child excluding the time
necessary for the journey, from the place where such child was apprehended.124 Provided that
in no case, a child alleged to be in conflict with law shall be placed in a police lockup or
lodged in a jail. (2) The State Government shall make rules consistent with this Act, —
i) to provide for persons through whom (including registered voluntary or nongovernmental
organizations) any child alleged to be in conflict with law may be produced before the Board;
(ii) to provide for the manner in which the child alleged to be in conflict with law may be sent
to an observation home or place of safety, as the case may be.
4.6.8 BAIL TO CHILD IN CONFLICT WITH LAW
When any person, who is apparently a child and is alleged to have committed a bailable or
non-bailable offence, is apprehended or detained by the police or appears or brought before a
Board, such person shall, notwithstanding anything contained in the Code of Criminal
Procedure, 1973 or in any other law for the time being in force, be released on bail with or
without surety or placed under the supervision of a probation officer or under the care of any
fit person: Provided that such person shall not be so released if there appears reasonable
grounds for believing that the release is likely to bring that person into association with any
known criminal or expose the said person to moral, physical or psychological danger or the
person’s release would defeat the ends of justice, and the Board shall record the reasons for
denying the bail and circumstances that led to such a decision When such person having been
apprehended is not released on bail by the officer-in-charge of the police station, such officer
shall cause the person to be kept only in an observation home in such manner as may be
prescribed until the person can be brought before a Board.125 If such person is not released on
bail by the Board, it shall make an order sending him to an observation home or a place of
safety, as the case may be, for such period during the pendency of the inquiry regarding the
person, as may be specified in the order.

124
Section 10(1) of Juvenile Justice(Care and Protection of Children) Act, 2015
125
Section 12(2) of Juvenile Justice(Care and Protection of Children) Act, 2015

69
When a child in conflict with law is unable to fulfill the conditions of bail order within seven
days of the bail order, such child shall be produced before the Board for modification of the
conditions of bail126.
4.6.9 INQUIRY BY BOARD
When a child alleged to be in conflict with law is produced before Board, the Board shall
hold an inquiry in accordance with the provisions of the Act and may pass such orders in
relation to such child as it deems fit under sections 17 and 18 of this Act. (2) The inquiry
under this section shall be completed within a period of four months from the date of first
production of the child before the Board, unless the period is extended, for a maximum
period of two more months by the Board, having regard to the circumstances of the case and
after recording the reasons in writing for such extension.127 (3) A preliminary assessment in
case of heinous offences under section 15 shall be disposed of by the Board within a period
of three months from the date of first production of the child before the Board. (4) If inquiry
by the Board under sub-section (2) for petty offences remains inconclusive even after the
extended period, the proceedings shall stand terminated:
Provided that for serious or heinous offences, in case the Board requires further
extension of time for completion of inquiry, the same shall be granted by the Chief Judicial
Magistrate or, as the case may be, the Chief Metropolitan Magistrate, for reasons to be
recorded in writing. The Board shall take the following steps to ensure fair and speedy
inquiry.128
(a) At the time of initiating the inquiry, the Board shall satisfy itself that the child in conflict
with law has not been subjected to any ill-treatment by the police or by any other person,
including a lawyer or probation officer and take corrective steps in case of such ill-treatment;
(b) In all cases under the Act, the proceedings shall be conducted in simple manner as
possible and care shall be taken to ensure that the child, against whom the proceedings have
been instituted, is given child-friendly atmosphere during the proceedings;
(c) Every child brought before the Board shall be given the opportunity of being heard and
participates in the inquiry;
(d) Cases of petty offences shall be disposed of by the Board through summary proceedings,
as per the procedure prescribed under the Code of Criminal Procedure, 1973;

126
Section 12(4) of Juvenile Justice (Care and Protection of Children) Act, 2000
127
Section 14(2) of Juvenile Justice (Care and Protection of Children) Act, 2015
128
Section 14(5) of Juvenile Justice (Care and Protection of Children) Act, 2015

70
(e) Inquiry of serious offences shall be disposed of by the Board, by following the procedure,
for trial in summons cases under the Code of Criminal Procedure, 1973.
Inquiry of heinous offences,— (i) For child below the age of sixteen years as on the date of
commission of an offence shall be disposed of by the Board under clause (e).
(ii) For child above the age of sixteen years as on the date of commission of an offence shall
be dealt with in the manner prescribed under section 15.
4.6.10 PRELIMINARY ASSESSMENT BY BOARD IN HEINOUS OFFENCES
In case of a heinous offence alleged to have been committed by a child, who has completed
or is above the age of sixteen years, the Board shall conduct a preliminary assessment with
regard to his mental and physical capacity to commit such offence, ability to understand the
consequences of the offence and the circumstances in which he allegedly committed the
offence, and may pass an order in accordance with the provisions of subsection (3) of section
18: Provided that for such an assessment, the Board may take the assistance of experienced
psychologists or psycho-social workers or other experts. Explanation for the purposes of this
section, it is clarified that preliminary assessment is not a trial, but is to assess the capacity of
such child to commit and understand the consequences of the alleged offence. (2) Where the
Board is satisfied on preliminary assessment that the matter should be disposed of by the
Board, then the Board shall follow the procedure, as far as may be, for trial in summons case
under the Code of Criminal Procedure, 1973.But the inquiry shall be completed within a
period of four month from the date when the child was first produced before the Board129.
4.6.11 ORDERS MAY BE PASSED REGARDING CHILD IN CONFLICT WITH LAW
Where a Board is satisfied on inquiry that a child irrespective of age has committed a petty
offence, or a serious offence, or a child below the age of sixteen years has committed a
heinous offence, then, notwithstanding anything contrary contained in any other law for the
time being in force, and based on the nature of offence, specific need for supervision or
intervention, circumstances as brought out in the social investigation report and past conduct
of the child, the Board may, if it so thinks fit,—
(a) Allow the child to go home after advice or admonition by following appropriate inquiry
and counseling to such child and to his parents or the guardian;
(b) Direct the child to participate in group counseling and similar activities;
(c) Order the child to perform community service under the supervision of an organization or
institution, or a specified person, persons or group of persons identified by the Board;

129
Section 15(2) of Juvenile Justice(Care and Protection of Children) Act, 2015

71
(d) Order the child or parents or the guardian of the child to pay fine: Provided that, in case
the child is working, it may be ensured that the provisions of any labour law for the time
being in force are not violated;
(e) Direct the child to be released on probation of good conduct and placed under the care of
any parent, guardian or fit person, on such parent, guardian or fit person executing a bond,
with or without surety, as the Board may require, for the good behaviour and child’s well-
being for any period not exceeding three years;
(f) Direct the child to be released on probation of good conduct and placed under the care and
supervision of any fit facility for ensuring the good behaviour and child’s well-being for any
period not exceeding three years;
(g) Direct the child to be sent to a special home, for such period, not exceeding three years, as
it thinks fit, for providing reformative services including education, skill development,
counseling, behaviour modification therapy, and psychiatric support during the period of stay
in the special home: Provided that if the conduct and behaviour of the child has been such
that, it would not be in the child’s interest, or in the interest of other children housed in a
special home, the Board may send such child to the place of safety. (2) If an order is passed
under clauses (a) to (g) of subsection (1), the Board may, in addition pass orders to— (i)
attend school; or (ii) attend a vocational training centre; or (iii) attend a therapeutic centre; or
(iv) prohibit the child from visiting, frequenting or appearing at a specified place; or (v)
undergo a de-addiction programme. (3) Where the Board after preliminary assessment under
section 15 passes an order that there is a need for trial of the said child as an adult, then the
Board may order transfer of the trial of the case to the Children’s Court having jurisdiction to
try such offences130.
4.6.12 CHILD WELFARE COMMITTEE
There is a provision for establishment of Child welfare Committee in Section 27. The State
Government shall by notification in the Official Gazette constitute for every district, one or
more Child Welfare Committees for exercising the powers and to discharge the duties
conferred on such Committees in relation to children in need of care and protection under this
Act and ensure that induction training and sensitization of all members of the committee is
provided within two months from the date of notification.131
The Committee shall consist of a Chairperson, and four other members as the State
Government may think fit to appoint, of whom at least one shall be a woman and another, an

130
Section 18 of Juvenile Justice (Care and Protection of Children) Act, 2015
131
Section 27(1) of Juvenile Justice (Care and Protection of Children) Act, 2015

72
expert on the matters concerning children. The District Child Protection Unit shall provide a
Secretary and other staff that may be required for secretarial support to the Committee for its
effective functioning. No person shall be appointed as a member of the Committee unless
such person has been actively involved in health, education or welfare activities pertaining to
children for at least seven years or is a practicing professional with a degree in child
psychology or psychiatry or law or social work or sociology or human development.132
No person shall be appointed as a member unless he possesses such other qualifications as
may be prescribed. No person shall be appointed for a period of more than three years as a
member of the Committee. The appointment of any member of the Committee shall be
terminated by the State Government after making an inquiry, if—
(i) He has been found guilty of misuse of power vested on him under this Act;
(ii) He has been convicted of an offence involving moral turpitude and such conviction has
not been reversed or he has not been granted full pardon in respect of such offence;
(iii) He fails to attend the proceedings of the Committee consecutively for three months
without any valid reason or he fails to attend less than three-fourths of the sittings in a year.
The District Magistrate shall conduct a quarterly review of the functioning of the Committee.
The Committee shall function as a Bench and shall have the powers conferred by the Code of
Criminal Procedure, 1973 on a Metropolitan Magistrate or, as the case may be, a Judicial
Magistrate of First Class. The District Magistrate shall be the grievances redressal authority
for the Child Welfare Committee and anyone connected with the child, may file a petition
before the District Magistrate.133
4.6.13 POWERS OF COMMITTEE
The Committee shall have the authority to dispose of cases for the care, protection, treatment,
development and rehabilitation of children in need of care and protection, as well as to
provide for their basic needs and protection. (2) Where a Committee has been constituted for
any area, such Committee shall, notwithstanding anything contained in any other law for the
time being in force, but save as otherwise expressly provided in this Act, have the power to
deal exclusively with all proceedings under this Act relating to children in need of care and
protection.134

132
Section 27(4) ) of Juvenile Justice (Care and Protection of Children) Act, 2015
133
Section 27(10) of Juvenile Justice(Care and Protection of Children) Act, 2015
134
Section 29(2) of Juvenile Justice(Care and Protection of Children) Act, 2015

73
4.6.14 INQUIRY BY COMMITTEE
On production of a child or receipt of a report under section 31, the Committee shall hold an
inquiry in such manner as may be prescribed and the Committee, on its own or on the report
from any person or agency as specified in sub-section (2) of section 31, may pass an order to
send the child to the children’s home or a fit facility or fit person, and for speedy social
investigation by a social worker or Child Welfare Officer or Child Welfare Police Officer:
Provided that all children below six years of age, who are orphan, surrendered or appear to be
abandoned shall be placed in a Specialized Adoption Agency, where available. The social
investigation shall be completed within fifteen days so as to enable the Committee to pass
final order within four months of first production of the child: Provided that for orphan,
abandoned or surrendered children, the time for completion of inquiry shall be as specified in
section 38. After the completion of the inquiry, if Committee is of the opinion that the said
child has no family or ostensible support or is in continued need of care and protection, it
may send the child to a Specialized Adoption Agency if the child is below six years of age,
children’s home or to a fit facility or person or foster family, till suitable means of
rehabilitation are found for the child, as may be prescribed, or till the child attains the age of
eighteen years: Provided that the situation of the child placed in a children’s home or with a
fit facility or person or a foster family, shall be reviewed by the Committee, as may be
prescribed.135
The Committee shall submit a quarterly report on the nature of disposal of cases and
pendency of cases to the District Magistrate in the manner as may be prescribed, for review
of pendency of cases. After review the District Magistrate shall direct the Committee to take
necessary remedial measures to address the pendency, if necessary and send a report of such
reviews to the State Government, who may cause the constitution of additional Committees,
if required: Provided that if the pendency of cases continues to be unaddressed by the
Committee even after three months of receiving such directions, the State Government shall
terminate the said Committee and shall constitute a new Committee. In anticipation of
termination of the Committee and in order that no time is lost in constituting a new
Committee, the State Government shall maintain a standing panel of eligible persons to be
appointed as members of the Committee. In case of any delay in the constitution of a new
Committee, the Child Welfare Committee of a nearby district shall assume responsibility in
the intervening period.136

135
Section 36(3) of Juvenile Justice (Care and Protection of Children) Act, 2015
136
Section 36 (7) of Juvenile Justice (Care and Protection of Children) Act, 2015

74
4.6.15 OBSERVATION HOME
The State Government shall establish and maintain in every district or a group of districts,
either by itself, or through voluntary or non-governmental organisations, observation homes,
which shall be registered under section 41 of this Act, for temporary reception, care and
rehabilitation of any child alleged to be in conflict with law, during the pendency of any
inquiry under this Act.137 Where the State Government is of the opinion that any registered
institution other than a home established or maintained is fit for the temporary reception of
such child alleged to be in conflict with law during the pendency of any inquiry under this
Act, it may register such institution as an observation home for the purposes of this Act. The
State Government may, by rules made under this Act, provide for the management and
monitoring of observation homes, including the standards and various types of services to be
provided by them for rehabilitation and social integration of a child alleged to be in conflict
with law and the circumstances under which, and the manner in which, the registration of an
observation home may be granted or withdrawn. Every child alleged to be in conflict with
law who is not placed under the charge of parent or guardian and is sent to an observation
home shall be segregated according to the child’s age and gender, after giving due
consideration to physical and mental status of the child and degree of the offence
committed.138
4.6.16 SPECIAL HOMES
The State Government may establish and maintain either by itself or through voluntary or
non-governmental organizations, special homes, which shall be registered as such, in the
manner as may be prescribed, in every district or a group of districts, as may be required for
rehabilitation of those children in conflict with law who are found to have committed an
offence and who are placed there by an order of the Juvenile Justice Board made under
section 18.139 The State Government may, by rules, provide for the management and
monitoring of special homes, including the standards and various types of services to be
provided by them which are necessary for social re-integration of a child, and the
circumstances under which, and the manner in which, the registration of a special home may
be granted or withdrawn. The rules made under sub-section 2 may also provide for the
segregation and separation of children found to be in conflict with law on the basis of age,

137
Section 47(1) of Juvenile Justice(Care and Protection of Children) Act, 2015
138
Section 47(4) of Juvenile Justice (Care and Protection of Children) Act, 2015
139
Section 48(1) of Juvenile Justice (Care and Protection of Children) Act, 2015

75
gender, the nature of offence committed by them and the child’s mental and physical
status.140
4.6.17 CHILDREN’S HOME
Act authorized The State Government to establish and maintain, in every district or group of
districts, either by itself or through voluntary or non-governmental organisations, Children’s
Homes, which shall be registered as such, for the placement of children in need of care and
protection for their care, treatment, education, training, development and rehabilitation. The
State Government shall designate any Children’s Home as a home fit for children with
special needs delivering specialized services, depending on requirement. The State
Government may, by rules, provide for the monitoring and management of Children’s Homes
including the standards and the nature of services to be provided by them, based on individual
care plan for each child.141
4.6.18 REHABILITATION AND REINTEGRATION SERVICES
There is a provision of rehabilitation and reintegration services for the children in the Act.
The services that shall be provided, by the institutions registered under this Act in the process
of rehabilitation and re-integration of children, shall be in such manner as may be prescribed,
which may consist142 :
(i) Basic requirements such as food, shelter, clothing and medical attention as per the
prescribed standards;
(ii) Equipment such as wheel-chairs, prosthetic devices, hearing aids, Braille kits, or any
other suitable aids and appliances as required, for children with special needs;
(iii) appropriate education, including supplementary education, special education, and
appropriate education for children with special needs: Provided that for children between the
age of six to fourteen years, the provisions of the Right of Children to Free and Compulsory
Education Act, 2009 shall apply;
(iv) Skill development;
(v) Occupational therapy and life skill education;
(vi) Mental health interventions, including counseling specific to the need of the child;
(vii) Recreational activities including sports and cultural activities;
(viii) legal aid where required;

140
Section 48(3) of Juvenile Justice(Care and Protection of Children) Act, 2015
141
Section 50(3) of Juvenile Justice (Care and Protection of Children) Act, 2015
142
Section 53(1) of Juvenile Justice (Care and Protection of Children) Act, 2015

76
(ix) Referral services for education, vocational training, de-addiction, treatment of diseases
where required;
(x) Case management including preparation and follow up of individual care plan;
(xi) Birth registration;
(xii) Assistance for obtaining the proof of identity, where required; and
(xiii) any other service that may reasonably be provided in order to ensure the well-being of
the child, either directly by the State Government, registered or fit individuals or institutions
or through referral services. Every institution shall have a Management Committee, to be set
up in a manner as may be prescribed, to manage the institution and monitor the progress of
every child.143 The officer in-charge of every institution, housing children above six years of
age, shall facilitate setting up of children’s committees for participating in such activities as
may be prescribed, for the safety and well-being of children in the institution.
4.6.19 ADOPTION
Provision of Adoption is made for ensuring right to family for the orphan, abandoned and
surrendered children, as per the provisions of this Act, the rules made there under and the
adoption regulations framed by the Authority. Adoption of a child from a relative by another
relative, irrespective of their religion, can be made as per the provisions of this Act and the
adoption regulations framed by the Authority. Nothing in this Act shall apply to the adoption
of children made under the provisions of the Hindu Adoption and Maintenance Act, 1956. All
inter-country adoptions shall be done only as per the provisions of this Act and the adoption
regulations framed by the Authority. Any person, who takes or sends a child to a foreign
country or takes part in any arrangement for transferring the care and custody of a child to
another person in a foreign country without a valid order from the Court, shall be punishable
as per the provisions of section 80.144
4.6.20 EFFECTS OF ADOPTION
A child in respect of whom an adoption order is issued by the court, shall become the child of
the adoptive parents, and the adoptive parents shall become the parents of the child as if the
child had been born to the adoptive parents, for all purposes, including intestacy, with effect
from the date on which the adoption order takes effect, and on and from such date all the ties
of the child in the family of his or her birth shall stand severed and replaced by those created
by the adoption order in the adoptive family: Provided that any property which has vested in
the adopted child immediately before the date on which the adoption order takes effect shall

143
Section 53(2) of Juvenile Justice(Care and Protection of Children) Act 2015
144
Section 56(5) of Juvenile Justice (Care and Protection of Children) Act, 2015

77
continue to vest in the adopted child subject to the obligations, if any, attached to the
ownership of such property including the obligations, if any, to maintain the relatives in the
biological family.
4.6.21 SPECIALISED ADOPTION AGENCIES
The Act authorize State Government to recognize one or more institutions or organisations in
each district as a Specialised Adoption Agency, in such manner as may be provided in the
adoption regulations framed by the Authority, for the rehabilitation of orphan, abandoned or
surrendered children, through adoption and non-institutional care.145 The State Agency shall
furnish the name, address and contact details of the Specialised Adoption Agencies along
with copies of certificate or letter of recognition or renewal to Authority, as soon as the
recognition or renewal is granted to such agencies. Government shall get every Specialised
Adoption Agency inspected at least once in a year and take necessary remedial measures. In
case any Specialized Adoption Agency is in default in taking necessary steps on its part as
provided in this Act or in the adoption regulations framed by the Authority, for getting an
orphan or abandoned or surrendered child legally free for adoption from the Committee or in
completing the home study report of the stipulated time, such Specialised Adoption Agency
shall be punishable with a fine which may extend up to fifty thousand rupees and in case of
repeated default, the recognition of the Specialised Adoption Agency shall be withdrawn by
the State Government.
4.6.22 PRESUMPTION AND DETERMINATION OF AGE OF JUVENILE
The Committee or the Board, can presume any person juvenile based on the appearance of
the person brought before it under any of the provisions of this Act (other than for the
purpose of giving evidence) that the said person is a child, the Committee or the Board shall
record such observation stating the age of the child as nearly as may be and proceed with the
inquiry under section 14 or section 36, as the case may be, without waiting for further
confirmation of the age.146 (2) In case, the Committee or the Board has reasonable grounds
for doubt regarding whether the person brought before it is a child or not, the
Committee or the Board, as the case may be, shall undertake the process of age
determination, by seeking evidence by obtaining —
(i) The date of birth certificate from the school, or the matriculation or equivalent certificate
from the concerned examination Board, if available; and in the absence thereof;
(ii) The birth certificate given by a corporation or a municipal authority or a panchayat.

145
Section 65(1) of Juvenile Justice( Care and Protection of Children) Act, 2015
146
Section 94(1) of Juvenile Justice( Care and Protection of Children) Act, 2015

78
(iii) and only in the absence of (i) and (ii) above, age shall be determined by an ossification
test or any other latest medical age determination test conducted on the orders of the
Committee or the Board: Provided such age determination test conducted on the order of the
Committee or the Board shall be completed within fifteen days from the date of such order.
(3) The age recorded by the Committee or the Board to be the age of person so brought
before it shall, for the purpose of this Act, be deemed to be the true age of that person.

4.6.23 CRITICISM AND LOOPHOLES IN THE JJ (C&P) ACT 2015


i. It will have adverse effect impact in the protection and rehabilitation of juvenile in
conflict with law.
ii. The juvenile in the age group of 16 to 18 will be traumatic situation if they are
brought before the criminal court for having committed serious crimes.
iii. It will leads to retributive justice, not juvenile justice.
iv. Since JJB is presided over by Chief Judicial Magistrate of the district, one could
assume that the chance of transfer of adolescents to adult court would apparently be
more.
v. Harsh punishment cannot be deterrent and this in turn could make the juveniles hard
core criminals.
vi. Is it the government acceptance as to its failure to ensure rights to the children in this
country?
vii. Amendment of Juvenile Justice Act is retrogressive and would undermine the basic
objectives of the act.

79
CHAPTER V
JUSTICE RENDERED BY THE JUDICIARY

This chapter deals the approach of judiciary in the development of Juvenile Justice System in
India. The analysis is restricted to the decisions of the Supreme Court and High Courts under
the Juvenile Justice Act 1986, Juvenile Justice(C&P) Act 2000, Juvenile justice(C&P) Act
2015 and some other enactments. Given the focus of the present study on the systematic
growth of juvenile justice, the cases before the higher courts provide a glimpse into the
judicial approach and understanding of the juvenile justice system in India. The salient
features of the Juvenile Justice (Care and Protection of Children) Act, 2015, may be noticed
at the outset. Section 1(3) of the said Act states that it would come into force on such date as
the Central Government may by notification in the Official Gazette, appoint. The Central
Government had issued an appropriate notification in terms whereof; 15.1.2016 has been
specified as the 'appointed date' from which the provisions of the said Act will come into
force. The Act, thus, is prospective in its operation. However, the Juvenile Justice Act, 2015,
has repealed the Act of 1986. It has obliterated the distinction between juvenile of different
sex by reason whereof, a male juvenile would also be juvenile if he has not crossed the age of
18. One of the basic distinctions between 1986 Act and 2015 Act relates to age of males and
females. Under the 1986 Act, a juvenile means a male juvenile who has not attained the age
of 16 years, and a female juvenile who has not attained the age of 18 years. In the Juvenile
Justice Act, 2015, the distinction between male and female juveniles on the basis of age has
not been maintained. The age limit is 18 years for both male and female. A person above 16
years in terms of the 1986 Act was not a juvenile. In that view of the matter the question
whether a person above 16 years becomes 'juvenile' within the purview of 2015 Act must be
answered having regard to the object and purport thereof.

In the case of Amit Kumar Thakur vs. State of Bihar147, an offence under section 302 of
I.P.C. had taken place when Juvenile Justice Act, 1986 was in force in which juvenile was a
person below 18 year age. While as in 2000 Act age of juvenile extended up to 18 years age.
It was held by Patna High Court that Even if the new provisions contained in amended Act,
2006 both in respect of "Extent (commencement and application" as well as "Explanation" of

147
2007(57) AIC 381 (Pat)

80
Section 20 which deals with definition of juvenility are taken into consideration in view of
the fact that on the date of commencement of the Act, no proceeding was pending against the
petitioner under 1986 Act in a Court of law or before any authority as on 1.4.2001, the new
amended enactment cannot be pressed into service to bring the petitioner within the ambit of
benefit of Juvenile Justice (Care & protection of Children) Act, 2000 for the purpose of bail
and the consequent benefit Under Section 436(A) of the Criminal Procedure Code shall not
also be accrued to the petitioner since no proceeding was pending under 1986 Act during
commencement of 2001 Act on 1 .4.2001, the petitioner shall not be rendered the benefit of
Amended Act of 2006.

In another case of Amrita Ahluwalia vs. Union of India148 , the Delhi High Court was
called upon to determine if the young bride Ameena ,married to a sixty year old Arab, was a
neglected child within the meaning of the JJA and whether her case should be dealt with by
the juvenile court it was held by Court that On the aforesaid facts, the conclusion appears to
us to be that Ameena Begum was a neglected juvenile. In view of the conduct of her parents
Ameena, who admittedly was less than 18 years of age, was a juvenile bat had parents who
were unfit to exercise control over the juvenile. Her case clearly falls within the provisions of
Section 2(l) (iii). In addition thereto, even sub-clause (ii) of sub-section (1) of Section 2
would be applicable because in the present circumstances it can be said that she is without
any home or settled place of abode and certainly without ostensible means of subsistence. It
appears to us that a parent or a guardian would be regarded as being unfit to exercise control
if the manner in which the exercise of control is such as is not expected of a loving parent. If
the parent does not, willingly or unwillingly, Knowingly or un-knowingly discharge its
parental duties or functions or act in the interest of the child and if the Board comes to the
conclusion that there is likelihood of the parent so discharging the duties, then the Board
would be justified under Section 15 of the Act in coming to the conclusion that the juvenile is
a neglected juvenile.

In the case of Hari Ram vs. State Of Rajasthan & Anr149, was regarding the applicability
of the Act, the Constitution Bench of Supreme Court held that the provisions of the Juvenile
Justice Act, 2000, have prospective effect and not retrospective effect, except to cover cases
where though the male offender was above 16 years of age at the time of commission of the

148
1992 Cri LJ 1906
149
(2009) 13 SCC 211

81
offence, he was below 18 years of age as on 1.4.2001. Consequently, the said Act would
cover earlier cases only where a person had not completed the age of 18 years on the date of
its commencement and not otherwise.
According to sec 20, of the act, notwithstanding anything contained in this Act, all
proceedings in respect of a juvenile pending in any Court in any area on the date on which
this Act comes into force in that area, shall be continued in that Court as if this Act had not
been passed and if the Court finds that the juvenile has committed an offence, it shall record
such finding and instead of passing any sentence in respect of the juvenile, forward the
juvenile to the Board which shall pass orders in respect of that juvenile in accordance with
the provisions of this Act as if it has been satisfied on inquiry under this Act that a juvenile
has committed the offence. The wordings of the above section are clear enough to show that
if any proceeding is pending on the date of enforcement of the new Act that proceeding shall
be concluded under the provisions of old Act. However, it provides that in case the Court
finds that the accused was juvenile and he committed the offence, the Court shall record its
finding, but shall not pass any sentence and send the juvenile to the Board for appropriate
orders. The sending of juvenile before the Board would arise after conclusion of the trial and
finding that the accused had committed the offence. But it is clear that except said procedure
the provisions of new Act would not be applicable to the above proceedings.150
Various issues raised and answered in the cases before higher courts have been discussed
under the following heads.
5.1 DETERMINATION OF AGE OF JUVENILE
The issue came up before the Honorable Supreme Court in Santenu Mitra vs. State of West
Bengal151, it was held that entry in register of births and deaths, recorded by an official in
performance of his duties cannot be doubted merely on ground that it was not
contemporaneous with the suggested date of birth. LIC policy and matriculation certificate
also mentioned the same date of birth as mentioned in register of births and deaths though an
application form filled by father of the appellant at the time of latter’s admission in school
was different. the entry recorded by an effect by an official in performance of his duties was
given preference over the application form filled in by the father of the appellant.

This issue was also discussed in detail in Jyoti Prakash Rai vs. State of Bihar152, "accused

150
Lallan Singh v State of U.P.,2002 Cri.LJ 1242 (All.)
151
1999 AIR (SC) 1587
152
2008 AIR (SC) 1696

82
claimed that he was a juvenile. He produced school certificate and horoscope found to be
forged and fabricated. It was held that in such a case court has no other option but to
determine the age on basis of medical reports even though they are not conclusive".

In Arnit Das vs. State of Bihar153,the Supreme Court has, on a review of judicial opinion,
held that while dealing with the question of determination of the age of the accused for the
purpose of finding out whether he is a juvenile or not, a hyper technical approach should not
be adopted while appreciating the evidence adduced on behalf of the accused in support of
the plea that he was a juvenile and if two views may be possible on the said evidence, the
court should lean in favor of holding the accused to be a juvenile in borderline cases. The
law, so laid down by this Court, squarely applies to the facts of the present case.

In another case of Mahadev vs. State of Maharashtra154 ,it was held by Supreme Court that
the, rule 12(3) of Juvenile Justice (Care and Protection of Children) Rules, 2007, is also
applicable to determine age of young prosecutrix /victim - Hence, it should be determined by
matriculation or equivalent certificates or date of birth certificates from school first attended
or birth certificate by Corporation/Municipal authority or Panchayat and only in absence of
such documents medical opinion can be sought for - Therefore, reliance placed upon school
certificates to arrive at age of prosecutrix to be below 18 yrs was perfectly justified, Value of
opinion of Doctor who examined the prosecutrix and gave her estimate of age contrary to
school certificate, etc. cannot be relied upon unless backed by scientific proof.

In Trikambhai Kavabhai vs. State of Gujarat155 , the accused was charge-sheeted under
section 302 of IPC. He did not produce any documentary evidence to prove his date of birth.
Prosecution produced school leaving certificate in which date of birth of accused was
mentioned by accused’s father considering which accused age was above 18 years at the time
of offence. As per courts order ossification test was also conducted as per medical certificate
on ossification test and radiological examination accused was found 18 to 20 years at the time
of offence. High Court held that Order declaring accused was not proper due to error by
Court in giving benefit of variation of 2 to 3 years to accused.

153
(2000) 5 SCC 488
154
(2013) 14 SCC 637
155
2013Cri LJ 1386 (Guj)

83
Chandan Kumar Gandhi vs. State of Bihar156, In this case Patna High Court held that
matter of juvenility has to be inquired into by the Juvenile Justice Board, as per provisions of
Juvenile Justice (Care & Protection of Children) Act, 2000 and the Bihar and Central Rules
framed there under. This would require an inquiry to be conducted by the Board first. The
board would be required to get the matriculation certificate examined by the authorities of the
Bihar School Examination Board in all particulars. If, that is found to be correct, then no
further evidence would be required in case of Manish Kumar. The Board would be required
to notice the School authorities who have granted the transfer certificate in respect of
Chandan Kumar and direct them to produce authentic original admission register and other
records of the school in which date of birth was first recorded in respect of that appellant.
Then considering all these aspects, and the medical report which is of a Board constituted
pursuant to the orders of the Chief Judicial Magistrate, Muzaffarpur. The board would come
to an independent finding in this regards without being prejudiced by any other order or
orders of any authority or court, as it is their independent jurisdiction in the matter.

In Sheela Barse vs Union of India157, Sheela Barse a dedicated social worker took up the
case of helpless children below age of 16 illegally detained in jails. she petition for the
release of such young children from jails, production of information as to the existence of
Juvenile Court, homes and schools and for the direction that the district judges should visit
jails or sub jails within the jurisdiction to ensure children are properly looked after when in
custody. The court observed that children in jail are entitled to special treatment. Children are
national assets and they should be treated with special care. The court urged the setting up of
remand and Juvenile homes for children in jails. In Sheela Barse versus secretary children aid
society the Supreme Court came forward to protect the rights of the children in the
Observation Home.
5.2 PLEA OF JUVENILITY
In Ajay Pratap Singh v. State of Madhya Pradesh158, the high court set aside the charges
against the juvenile accused because no inquiry as to the determination of his extant age was
made by the trial court in this case, session judge had decided that according to the medical
report of the accuse he was above the age of 16 and, therefore, could not be allowed the
benefit of trial under the juvenile justice act, 1986. On appeal, the high court ruled that where

156
2010 Cri LJ 1814 (Pat)
157
(1986) 3 SCC 596
158
200 (1) C.Cr.J. 137 (MP)

84
the trial court to enquire and ascertain about the exact age of the accused and decide whether
he or she is entitled to the benefit of being tried under the juvenile justice Act.

In the case of Dhruvendra Singh v. State of Rajasthan159, the high court should not be
depend on the medical report of the accused or his physical built of the body for
determination of the age of the accused but should take into consideration the date of birth as
recorded in the school register or any other available evidence as to his age.

The Supreme Court in Prabhunath Prasad v. State of Bihar160 reiterated that in case of trial
of juvenile accused the trial court should suo moto hold an inquiry as to the exact age of the
accused so as to eliminate any kind of dispute or double as to the eligibility of the accused for
being tried under the juvenile justice Act.

In Ku. Anita v. Atal Behari161 , the high court of Madhya Pradesh ruled that the date of birth
of the juvenile accused as recorded in the Register of Birth & Death, are more authentic than
the one entered in the medical report and therefore the former should be given priority while
considering the age accused for his or their trial under the juvenile justice act.

The Supreme Court in Ramdeo alias Rajnath Chouhan v. State of Assam162 observed that
for the determination of the age of juvenile for the purpose of this trial under the Juvenile act
his date of birth as recorded in the school register may be accepted provided it is entered by a
competent authority. In the instant case, the accused was juvenile according to his date of
birth as receded in the school register but there was no evidence by a competent authority, to
prove that it was recorded by a public servant or a competent authority in discharge of his
official duty and, therefore, could not be accepted as an authentic evidence for the
determination of the age of the accused.

The Supreme Court in Deoki Nandan Dayma v. State of Uttar Pradesh163 held that entry in
the school register as to the date of birth of student is admissible in evidence to show whether
the accused is juvenile or not. Its acceptance shall, however depend on the probative value of

159
1990 Cr.L.R.481 (Raj)
160
AIR 1988 SC 236
161
1993 C.Cr.J. 240 (MP)
162
AIR 2001 SC 2231
163
1997 (10)SCC 525

85
such entry in the school register that is, whether it was proper or not. The court further
clarified that n case of difference of date of birth between school certificate and medical
certificate, the date mentioned in school certificate school be taken as authoritative because
the certificate of medical officer may be based on mere guess. Allowing the court directed the
high court of Allahabad the appeal, the court directed the high court of Allahabad to re- here
and disposes of the revision at the earliest, as it was already long pending before it.

The Supreme Court in Murari Thakur and Another vs. State of Bihar164 held that the
appellant firstly submitted that the appellants are entitled to the benefit of the Juvenile Justice
(Care and Protection of Children) Act 2000 as amended by the amendment of 2006. We are
of the opinion that this point cannot be raised at this stage because neither was it taken before
the Trial Court nor before the High Court. Even otherwise we do not find any merit in the
said contention. The question of age of the accused appellants is a question of fact on which
evidence, cross- examination, etc. is required and, therefore, it cannot be allowed to be taken
up at this late stage. Hence, we reject this submission of the learned counsel for the appellant
.
In Pawan vs. State of Uttaranchal165, the question is; should an enquiry be made or report
be called for from the trial court invariably where juvenility is claimed for the first time
before this court. Where the materials placed before this court by the accused, prima facie,
suggests that the accused was 'Juvenile' as defined in the Act, 2000 on the date of incident, it
may be necessary to call for the report or an enquiry be ordered to be made. However in a
case where plea of juvenility is found unscrupulous materials lack credibility or do not inspire
confidence and even, prima facie, satisfaction of the court is not made out, we do not think
any further exercise in this regard is necessary. If the plea of juvenility was not raised before
the trial court or High Court and is raised for the first time Before this court, the judicial
conscious of the court must be satisfied placing adequate and satisfactory material that the
accused had not attained age of 18 years on the date of commission of offence; sans such
material any further enquiry into juvenility would be unnecessary.

Chandra Shekhar Bind vs. State of Bihar166, "plea of juvenility was not taken at any point
of time before the trial court and high court. Even an SLP filed before Supreme Court, such a

164
AIR 2007 SC 1129
165
SC 2009(2) RCR (criminal) 451
166
2001 AIR (SC) 4024

86
plea was not taken. The apex court declined to consider the plea which was raised for the first
time in the court during the course of arguments’.
5.3 BAIL OF JUVENILE
In Mohd Navi vs. State of U.P167, the father instigated his juvenile son to murder the
deceased. Ostensibly there was no immediate cause for juvenile to carry murder weapon with
him in day time and to stab deceased. The act of juvenile had indicated his criminal intent and
psychology and denial of bail was proper as, if released on bail naturally he would have been
in association of his father who had also criminal proclivity and did not care about welfare of
his child.

In Lavkush Kumar vs. State of U.P168, it was held by Allahabad High Court that Once the
revisionist is held to be juvenile, the provisions of bail as contained in Section 12 of the Act,
comes into play which lays down that the juvenile shall be released on bail with or without
surety notwithstanding anything contained in the Crpc, 1973. Only three exceptions have
been laid down in Section 12 of the Act, for refusing the release if there appears any
reasonable ground for believing that release is likely to bring him into the association of
known criminals or exposes him to moral, psychological danger or that his release would
defeat the ends of justice, the release no doubt can be refused if anyone of these grounds
exists.
It should not be merely a guess of the Court but it should be based on some evidence a police
report, or the report of the probation officer or any other such evidence which can
substantiate the refusal of release. In this case no such evidence was there.

Pratap Singh vs. State of Jharkhand169, In this case Supreme Court held that When any
person accused of a bailable or non bailable offence and apparently a juvenile is arrested or
detained or appears or is brought before a Juvenile Court, such person shall, notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law
for the time being in force, be released on bail with or without surety but he shall not be so
released if there appear reasonable grounds expose him to moral danger or that his release
would defeat the ends of justice. It will be noticed that the word is has been used in more than
one place in this Section also. Often than not, an offender is arrested immediately after an

167
2001 Cri LJ 2828(ALL)
168
2003 (46) ACC 802 (ALL.)
169
AIR 2005 SC 2731

87
offence is alleged to have been committed or some time even arrested on the spot. This would
also show that the arrest and release on bail and custody of juveniles, the reckoning date of a
juvenile is the date of an offence and not the date of production.

Rahul Mishra vs. State of M.P170, In this case it was observed by Madhya Pradesh High
Court that, the considerations for grant of bail to a juvenile delinquent are entirely different.
Firstly, the prosecution, opposing the bail to the applicant, must establish or there must be
some material on record for believing that in case, the juvenile delinquent is released on bail,
he is likely to come into association with a known criminal. Or in the alternative secondly,
the aforesaid juvenile delinquent is likely to be exposed to moral danger. Or in the other
alternative thirdly, his release would defeat the ends of justice. In the opinion of this Court, it
is only third ground which appears to have prohibited the Court below because it held that it
was not proper to release the applicant on bail on the ground that there was a prima facie case
against him. This interpretation of the Statute under Section 18 of the Act is not exactly in
consonance with the intention of legislature. In the opinion of this Court, the words
"notwithstanding anything contained in the Code of Criminal Procedure, 1973" would
indicate that the considerations which are germane for granting or refusing bail to persons
who are not juvenile delinquent shall not come into play for granting or refusing bail to them.
Here the words "ends of justice" should be confined to those facts which show that the grant
of bail itself is likely to result in injustice. For example, there is likelihood of the juvenile
delinquent, to whom the bail is granted, interfering with the course of justice or is likely to
abscond from the jurisdiction of the Court. The aforesaid categories are only by way of
illustrative and exhaustive. The juvenile delinquent may appear to be guilty prima facie but
he is especially protected by the Act and is favorably considered for grant of bail under
Section 18 of the Act for the reason of his age.

In Gopinath Ghosh v. State of West Bengal171, the Supreme Court held that where a
juvenile delinquent is arrested, he/she has to be produced before a juvenile court, and if
juvenile court is established for the area , the court of Session will have powers of a juvenile
court; (b) such a juvenile delinquent ordinarily has to be arrested, he/she has to be produced
before a juvenile court, released on bail irrespective of the nature of the offence alleged to
have been committed unless it is shown that there appears reasonable grounds for believing

170
2001 Cri LJ 214 (MP).
171
1984 SCC (Cri.)478

88
that the release is likely to bring him under the influence of any criminal or expose him to
moral danger or defeat the ends of justice or expose to physical, mental or psychological
danger.
5.4 INQUIRY AND OTHER PROCEDURE
In the case of Bijender Singh v. State of Haryana and Anr172, it was held by Supreme
Court that one of the basic distinctions between the 1986 Act and the 2000 Act relates to age
of males and females. Under the 1986 Act, a juvenile means a male juvenile who has not
attained the age of 16 years, and a female juvenile who has not attained the age of 18 years.
In the 2000 Act, the distinction between male and female juveniles on the basis of age has not
been maintained. The age limit is 18 years for both males and female person above 16 years
in terms of the 1986 Act was not a juvenile. In that view of the matter the question whether a
person above 16 years becomes “juvenile” within the purview of the 2000 Act must be
answered having regard to the object and purport thereof. In terms of the 1986 Act, a person
who was not juvenile could be tried in any court. Section 20 of the 2000 Act takes care of
such a situation stating that despite the same the trial shall continue in that court as if that Act
has not been passed and in the event, he is found to be guilty of commission of an offence, a
finding to that effect shall be recorded in the judgment of conviction, if any, but instead of
passing any sentence in relation to the juvenile, he would be forwarded to the Juvenile Justice
Board which shall pass orders in accordance with the provisions of the Act as if it has been
satisfied on inquiry that a juvenile has committed the offence.

In Irfan and Saddam vs. State Of U.P. & Another173, while hearing on the revision the
Allahabad High Court held that it is crystal clear that when an application is moved before
the competent authority under Section 49 of the Act for determination of juvenility, then
appeal would be maintainable under Section 52 of the Act before the Sessions Judge. In Jabar
Singh , the application was moved before the trial court and not before the competent
authority and in that reference in para-29 of the said report, it has been said by the Apex
Court that Section 52 of the Act shows that no statutory appeal is available against any
finding of the trial court. While mentioning about the word 'finding of the court', the Apex
Court virtually meant the finding of the trial court and in reference to trial court's order that
observation was made that appeal was not maintainable and it was only that revision was
maintainable as appeal was maintainable against the order of the competent authority. The

172
AIR 2005 SC 2262
173
2011(107) AIC 704 (ALL)

89
finding recorded by the learned Sessions judge, therefore, is beside the point and beside the
case law which has been mentioned and has been relied upon by him. There is much
difference in the facts of both the cases and the appeal is certainly maintainable in view of the
provisions contained in Section 52 of the Act when an order is passed by the competent
authority. In this view of the matter, the revision is allowed and the order dated 29.6.2011
passed by the Sessions Judge, Sultanpur is hereby set aside. The matter is remitted to the
Sessions Judge, Sultanpur to decide the appeal of the revisionist in accordance with law on
merit

Gaurav Jain vs. Union of India174, In this case, Supreme Court while deciding on issue of
rehabilitation of child prostitutes and children of prostitutes held that Segregating prostitute
children by locating separate schools and providing separate hostels, in our opinion, would
not be in the interest of such children. It is said that prostitutes do not want to have children
and ordinarily when children are born to them it is in spite of their desire not to rear children.
But once such children are born to them, it is in the interest of such children and of society at
large that the children of prostitutes should be segregated from their mothers and be allowed
to mingle with others and become part of the society. In fact, counsel appearing for several
States have stated at the Bar the same way. We, therefore, reject the prayer for locating
separate schools and hostels for children of the prostitutes. Children of prostitutes should,
however, not be permit- ted to live in inferno and the undesirable surroundings of prostitute
homes. This is particularly so for young girls whose body and mind is likely to be abused
with growing age for being admitted into the profession of their mothers. While we do not
accept the plea for separate hostels for prostitute children it is necessary that accommodation
in hostels and other reformatory homes should be adequately available to help segregation of
these children from their mothers living in prostitute homes as soon as they are identified.

Bharat Bhushan vs. State of H.P175, in the present case, while hearing on appeal against the
High Court Supreme Court held that the appellant was not a juvenile under the 1986 Act as
he had crossed the age of 16 years. This case was, however, pending before the High Court in
appeal on the date the 2000 Act came into force and had, therefore, to be dealt with under
Section 20 of the Act which required the High Court to record a finding about the guilt of the
accused but stop short of passing an order of sentence against him. Inasmuch as the High

174
AIR 1990 (SC) 292
175
AIR 2013 SC 2018

90
Court convicted the appellant, it did not commit any mistake for the power to do so was
clearly available to the High Court under the provisions of Section 20. What was not
permissible was passing of a sentence for which purpose the High Court was required to
forward the juvenile to the Juvenile Board constituted under the Act. The order of sentence is,
therefore, unsustainable and shall have to be set aside.

Siddharth Singh vs. Election Commission of India176, It was held by Patna High Court that
Section 19(1) of the Juvenile Justice Act specifically provides that notwithstanding anything
contained in any other law a juvenile who has committed an offence and has been dealt with
under the provision of the said Act shall not suffer disqualification, if any, attaching to a
conviction of offence under such law. Furthermore, the Rules prescribed under the Juvenile
Justice Act also provide that no stigma can be attached to any juvenile who has been
convicted.

Dushrath Singh vs. State of U.P177,In this case it was held by Allahabad High Court that the
power of section 64 are to be exercised by the State Government or the local authority for
which the appellant may redress his remedy before the appropriate authority. The above
section does not confer any power on the Court to grant any sort of benefit of the act of 2000
to the appellant.

Andrew Mendez vs. State of Kerala178, in this case Kerala High Court held that it is only
the District Court which can have jurisdiction to entertain an application under Section 41(6)
of the Juvenile Justice Act read with Rule 33(5) of the Central Rules. Juvenile justice Board
is not a court under section 41(6) of the act it is declared so. All petitions pending before the
Juvenile Justice Boards in the State or filed before them hereafter shall forthwith be returned
for presentation before the District Court within a stipulated period of time and if so
presented it shall be reckoned that they have been duly presented before the District Courts.
The District Courts shall proceed to exercise jurisdiction under Section 41(6) and appropriate
orders shall be passed under Section 41(6) by the District Courts of the State.

176
2011(98) AIC 807(Pat)
177
2004(48) ACC 862 (All)
178
2008Cri LJ 2368(Ker)

91
Nirbhaya case: No regular trial for juvenile, Supreme Court rules
The Supreme Court on Friday dismissed pleas seeking fresh interpretation of the term
'juvenile' in the statute and leaving it to criminal court to determine the juvenility of an
offender in heinous crimes. A bench of Chief Justice P Sathasivam, and Justices Ranjan
Gogoi and Shiv Kirti Singh rejected the two petitions, filed by BJP leader Subramanian
Swamy and Nirbhaya's parents, challenging the constitutional validity of the Juvenile Justice
Act 2000.The bench dismissed the plea of Nirbhaya's parents for sending the juvenile convict
to face trial in regular court, saying there was no question of sending him to face regular trial.
It said there is no unconstitutionality for fixing up to 18 years of age for the offenders to be
tried under the Juvenile Justice Act.
During the proceedings earlier, the two petitions were opposed by the Centre. The victim's
father had said that the August 31, 2013 verdict of the Juvenile Justice Board was not
acceptable to the family and so they challenged the Act as there was no other authority which
they could approach for such relief. He had sought a direction to declare as unconstitutional
and void the JJA to the extent it puts a blanket ban on the power of the criminal courts to try a
juvenile offender for offences committed under IPC. His counsel had said "mental and
intellectual maturity" of the juvenile involved in the December 16 gang rape has to be taken
into account and should be put to trial like the four other accused who have been awarded
death sentence. Additional solicitor general Siddharth Luthra had opposed the plea, saying
the age limit of 18 years fixed for not trying a person in criminal court is a valid parameter. 179
Nirbhaya gang rape case180
Putting the onus on lawmakers, the Supreme Court dismissed a plea by the Delhi
Commission for Women against the release of the juvenile convict in the Nirbhaya gang rape
case. It observed: “We share your concern, but we cannot go beyond the law.” “We cannot
interpret the law (the Juvenile Justice Act) to curtail the juvenile convict’s freedom without
legislative sanction. We share your concern, but we cannot go beyond the statute,” observed
Justice U.U. Lalit, one of the judges on the Bench led by Justice A.K. Goel.
The Supreme Court, which dismissed a plea by the Delhi Commission for Women against the
release of the juvenile convict in the Nirbhaya gang-rape, posed the question whether the
period of detention would have to be extended if the reformation takes more time.“Suppose
the reformation takes another seven or ten years.
Do we have to extend the period of his detention every now and then without any legislative

179
The Times of India, New Delhi,29 march 2014
180
The Hindu, New Delhi, 21December2015.

92
sanction,” Justice U.U. Lalit, one of the judges on the Bench led by Justice
A.K. Goel, asked senior advocate Guru Krishnakumar and advocate Devadutt Kamat,
appearing for DCW chairperson Swati Maliwal.
Mr. Krishnakumar quoted provisions in the Juvenile Justice Act and the Delhi Juvenile
Justice Rules to argue for an independent committee to review the convict’s mental status and
keep him under protective custody till he was reformed and was not a threat to society. “
5.5 FINAL DISPOSITION OF THE JUVENILE
In Suresh Dutt vs. State of Rajasthan181, the court rejected all the contentions forwarded by
the petitioner but accepted that since the appellant is presently aged more than 36 years, there
is no question of sending him now to an approved School under the Juvenile Justice Act for
detention. Accordingly while sustaining the conviction of the appellant under all the charges
proved against him, the order of sending him to Approved Reformatory School is quashed.

In Ram Suresh Singh vs. Prabhat Singh alias Chhotu Singh &Anr182, The court observed
that: “we are not oblivious of the fact that it is difficult to lay down a law as to whether in a
case of this nature, the lower or the upper age or the average age should be taken into
consideration. Each case depends on its own facts. In this case, however, the documents
produced by respondent no.1 were not found to be forged, fabricated or otherwise
inadmissible in law. If a document is proved to be genuine and satisfies the requirement of
law, it should be, subject to just exceptions, relied upon”.

In Mohan Mali &Anr. vs. State of M.P.183 The Supreme Court observed: “In the facts of
this case, we are faced with a situation where the juvenile, DhanaLal, had already been tried
along with adults and had been convicted under Sections 302/34, 326/34 IPC and was
sentenced to life imprisonment, out of which he has already undergone about 9 years of the
sentence. Rule 98 of the 2007 Rules, in our view, squarely applies to Appellant No.2
DhannaLal's case. His case is to be considered not only for grant of bail, but also for release
in terms of the said Rule since he has completed more than the maximum period of sentence
as provided under Section 15 of the 2000 Act”.

181
2003 ( 109) CrLJ 3342 (Raj)
182
2010 (1) RCR (Cri) 245
183
2010 (2) RCR (Cri) 839

93
In Kakoo vs. State of H.P184, Kakoo, aged 13 years, was convicted for committing rape on a
child of two years and was sentenced to four years' rigorous imprisonment. His conviction
was upheld by the High Court of Himachal Pradesh. Reference was made to the Supreme
Court contending that if the main object of punishment is to reform the prisoner and to
reclaim him to society; his prolonged detention in the company of hardened criminals would
be subversive of that object. Further it was stressed that the best way of reforming child
delinquent is to put him back under the supervision of his father subject to the execution of a
bond by the latter for his son's good behaviour for a certain period. In the alternative, it was
urged, that the sentence be reduced to the imprisonment already undergone, with the
imposition, if at all, of a little fine. Reference has also been made to Sections 82 and 83 of the
Penal Code to bring out the point that in the matter of crime and punishment, a child offender
is not to be treated in the same manner as a mature adult. The State, however, stoutly opposed
any reduction in the sentence. Stress has been laid on the grisly manner in which the crime
was committed.
It was held that “the ends of justice will be served by reducing the sentence of the
appellant to one year's rigorous imprisonment and a fine of Rs.2000 and in default of
payment of fine, to suffer six months' further rigorous imprisonment. The appellant shall be
detained separately from adult prisoners. He should preferably be detained in a reformatory
school, if any, for the said period. The fine, if realised, shall be paid as compensation to
Shrimati Parmeshwari Devi, the mother of the victim baby”.
It was observed that “while the sordid features of the case, including the sadistic
manner in which the crime was committed by their instinctive reaction tend to steel the heart
of law for a sterner sentence, we cannot overlook the stark fact that at the time of commission
of offence, the appellant was hardly 13 years of age. An inordinately long prison term is sure
to turn him into an obdurate criminal. In the case of child offenders, current penological
trends command a more humanitarian approach. Under the Penal Code, an infant under seven
is conclusively presumed to be incapable of committing crime. At this age he is not endowed
with any discretion to distinguish right from wrong. Even a child between seven and twelve
who may not have attained sufficient maturity of understanding to entertain a criminal intent
i.e. Doli incapax is presumed to be incapable of committing an offence. In several States of
India enactments have been passed to treat juvenile offenders or child delinquents differently
in the matter of crime and punishment. We are told that there is no such enactment in force in

184
(1976) 2 SCC 21

94
Himachal Pradesh. It was found that there was a need for reformatory approach in awarding
punishment to juvenile delinquent aged 13 found to have committed rape on child of 2 years.
Sentence was reduced to one year's rigorous imprisonment and a fine of Rs.2000 was
imposed.

95
CHAPTER – VI
CONCLUSIONS AND SUGGESTIONS

6.1 CONCLUSION
This chapter is an attempt to sum up the discussions on the juvenile justice, as done in the
preceding chapters, which is captioned as ‘conclusion’. However, I must confess at the very
outset that the present topic cannot be concluded with brevity because it is an emerging issue
and seeks to address problems faced in the implementation of the Juvenile Justice model as is
operating in India. Therefore, I will highlight the problems faced in the juvenile justice
system and propose certain recommendations which I believe if implemented will provide
better platform to solve the problems related to juvenile justice delivery mechanism. The
Criminal Justice System (CJS) consists of the legal provision defining offences, providing
punishment for those offences, procedures for investigation of those offences, procedure for
investigation for those offences, prosecution and trial leading to conviction or acquittal of
accused persons. However, since 1920, special laws have been made for children committing
offences and presently it is the Juvenile Justice (Care and Protection) Act, 2015 that
prescribes different procedures for investigation and trial of cases where children are alleged
to have committed an offence.
Juvenile Justice Act 2015 is applicable to the whole of India, except the state of
Jammu and Kashmir and lays down a non-penal protective juvenile justice system for them.
Juvenile Justice Act 2015 applies to all children who have not completed the age of 18 years
who may have committed an offence or may be in need of care and protection. This
legislation was passed to bring the law in conformity with international legal provision
contained in the UN Convention on the Rights of Child, the Beijing Rules for Administration
of Juvenile Justice System.
While the Indian Penal Code (IPC), the primary penal law in India, contains two
special provisions in relation to children, and declares that nothing done by a child below the
age of 7 is an offence and that all children above the age of 7 but below the age of 12 are
presumed to have the mental capacity that makes a person liable for commission of an
offence, Juvenile Justice Act 2015 provides to have committed an offence. There are a few
crucial aspects about the operation of this act that need to be understood clearly.
The most important among them is to prove that the person in question was below the
age of 18 years on the date of the event. While there are many judgments declaring that in the

96
absence of a birth certificate, the age as is recorded in the school register before the
occurrence should be taken as the true age of the person, there are problems where different
ages are recorded in different schools or if the child has never been to school. In the absence
of documentary proof, court may send the accused for a medical examination to determine
the age. The problem with medical examination is that it can at best provide only an
approximate age within the range of 6 months.
Another important question relating to children committing offences has been which
legislation will apply in case of children committing serious offences. Long ago, in the case
of Raghubir185, the Supreme Court held that the juvenile courts alone would have jurisdiction
to deal with cases of children committing offences punishable with death penalty or life
imprisonment. Subsequently, similar questions arose in view of special legislations like the
Narcotic Drugs and Psychotropic Substances (NDPS) Act or the Prevention of Terrorism Act
(POTA) which provide for special courts to deal with offences under these legislations.
While different High Courts had taken different positions on the applicability of the
Juvenile Justice Act 2000 to cases where the accused is a child, the Supreme Court has
clearly held that Juvenile Justice Act 2000 will apply to children alleged to have committed
offences under those special penal legislations too (Raj Singh vs. State of Haryana186).
Children arrested for any offence must be released on bail, unless the release will
bring the child into contact with known criminals, expose the child to moral danger, or the
release is against the interests of justice. It is also necessary to separate the cases of children
from adults, in the event that they are charged with the offence together. The child’s case is to
be dealt by the Juvenile Board (JJB), which consists of a magistrate and two social workers
and decides the case by majority. Members of the Juvenile Justice Board exercise the powers
of a magistrate but are empowered to deal with all offences committed by children, including
those triable only by a session judge.
In case the Juvenile Justice Board finds that the child has committed an offence, it
may pass any of the following orders: release after due admonition and counseling to him/her
and the family; keep the child under the supervision of parents/guardian/probation officer/fit
person/fit institution; impose a fine; send for community service; order group counseling;
send to a special home. No child may be sent to death or imprisonment under any
circumstance, or to prison in default of payment of fine or producing sureties. In case the
child is above 16 years of age and commits a very serious offence, he/she may be ordered to

185
AIR 1981 SC 2037
186
2000,6 SC 759

97
be kept in safe custody. A child dealt with by the Juvenile Justice Board does not suffer any
disqualification attached to conviction for an offence. Juvenile Justice Act 2000 establishes
another body, namely the Children Welfare Committee (CWC), to deal with children in
need of care and protection. Members of the CWC also exercise the powers of a magistrate,
while a of them are non judicial persons.
Juvenile Justice Act 2015 also prescribes that each police station should have a
special police officer to deal with children- whether arrested for committing an offence or in
need if care of protection. These police officers should have special training to deal with
children in a friendly manner.
Juvenile Justice Act 2015 contains provisions for sponsorship of children to promote
their care within family and institutional structures. It also makes provisions for the adoption
and foster care of children covered under it, to ensure family care to children. Provisions for
adoption of children under Juvenile Justice Act 2015 are much wider than those under Hindu
Adoption and Maintenance Act. Under Juvenile Justice Act 2015, any person can adopt any
child irrespective of religion and manner or sex of natural born children the adoptive parent
may already have. Adoption under JJA 2015 was implemented as a measure to provide for
the welfare and care of children and not as a religious act. The JJA also provides for shelter
homes for temporary reception of children in need of urgent care.
The CRC (convention on the rights of child) has laid down the basic principles of
decision making to promote the best interests of children, and all decisions relating to
children need to be guided by this consideration. The Beijing Rules direct that institutions
should be used only as a last resort and only until community measures become available for
children. As Juvenile Justice Act 2015 was specifically made to implement India’s obligation
under these and other international instruments, it is incumbent upon the authorities
implementing this legislation to ensure protection and promotion of these principles.
While the legislation has been made with the best intentions, it has been criticized for
its unprofessional and tardy drafting. Its implementation is the absence of all India data
relating to the status of children in India. While UNICEF provides some figures about the
number of children below 18 years of age in India, such information is missing from the
census of India. There certainly are no figures available on the number of children in need of
care and protection as defined under Juvenile Justice Act 2015. In the absence if basic data
relating to children, proper planning is not possible.
The basic aim behind the enactment of the Juvenile Justice Act as well as forming up
of the Juvenile Justice Boards is to reform the offenders and not to punish them. The basic

98
ideology for enacting an Act with such a type of differential approach is to save children from
devastating ill-effects of criminalization, penalization and stigmatization, in short, the
“welfare” of the children and not to punish them.
India is a signatory to the UNCRC which obliges the states to establish a minimum
age below which children shall be presumed not to have the capacity to infringe the penal
law. In accordance with this India has established an age of 18 years under which a person
could not be deemed to have the capacity to commit an offence.
In brief, it can be said that juvenile justice system in India has gained momentum.
Attitude and perception towards Child Rights needs a change. On the legislative side a lot of
work has been done in India but implementation part still requires improvement. The laws
enacted require to be effectively implemented to achieve the desired goal of welfare of the
children. The society must encourage children's participation in matters affecting their rights
as services to the children are no longer a charity. The judiciary has played an appreciable
role and contributed a lot in proper and beneficial implementation of the juvenile justice
legislation by interpreting the provisions of Juvenile Justice Acts so as to provide maximum
benefit and relief to the maximum number of the juveniles covered under the beneficial and
favorable legislation. A good intended and properly implemented legislation can significantly
reverse the crime trends in the juveniles.
From the above discussion we can say that serious crimes like rape and murders still
unpunished with the juvenile offender also cause of juvenility. So, there is an urgent need of
amendment in the present legislation. But the delinquency cannot be prevented only by
executing and amending the Juvenile Justice Act. It is necessary to spread awareness among
the society regarding this problem that exists in our society. Generally juveniles caught up in
criminal acts are not hard core offenders, most of the time they are sufferers of society.
Juvenile delinquency can be prevent at the early stage by provided them special care and
protection at home and school. Teachers and Parents play an important role in development
of children intellect. Instead of categories them as criminals or delinquents, measures need to
be taken to put away them from wrongful activities and if they commit any wrong then it
would be better the errors of their live are brought to their notices. And treat the problem of
juvenile delinquency is like any other social evil and it is just as the lack of perfections of our
society. The idea is slowly gaining acceptance over a wide range that juvenile delinquent
does not need the strict rules and regulations of law but needs the sympathy and a wider
understanding of our society.

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6.2 SUGGESTIONS
1. Law reform and the Role of the Ministry of Women and Child Development:
If at all the Ministry of Women and Child Development, Government of India is even
thinking of amending the Act on this particular issue, one that would be an extremely
regressive step, it should facilitate a nationwide participatory, democratic and
transparent debate on the policy questions concerning the issue and whether or not the
law is an adequate response to the needs and rights of juveniles in conflict with law,
victims of their offences and the wide community.
2. Need for further empirical research from within India( and abroad where
relevant) on key issues:
Further research is required on some key issues, which include:
 Whether or not children are indeed maturing mentally/psychologically today,
and whether this should have an impact on policy concerning Juvenile Justice.
 Whether the policy of deterrence is indeed effective, either for adults or
children?
 Whether the existing provisions of the Juvenile Justice Act in India concerning
the services that need to be provided to ensure rehabilitation of juveniles
alleged to or found to have committed serious crime are being effectively
implemented?
 Whether an increase in the number of years for which a juvenile may be
ordered to stay in a Special Home or Place of Safety as part of the final orders
under JJA2015 would help to ensure that even the most serious offender can
get rehabilitated and the ends of justice served?
 Whether the law needs to be reformed in order to provide suitable combination
of some or all of the options provided to the Juvenile Justice Board under sec
15 to achieve this purpose?
3. Right to Education of Children, especially for those in the Juvenile Justice
System:
The CCL strongly recommend for dropping the idea of reducing the age of juveniles
from the present 18 years to 16. Rather, I at the centre strongly feel that the solution
lies in the extension of the age limit for Fundamental Right to Education up to 18
years from the present 14 years. This will ensure that he children of that age group are
retained in common neighbourhood schools until 18 or completion of class XII,

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instead of being subjected to risk and exploitation at a very tender age and facing the
risk o getting into situations of neglect or exploitation and or turning to crime.
4. Reducing pendency and building faith in the Juvenile Justice System:
Vigilance and dedicated attention is required by the Judiciary and government
functionaries to reduce pendency. Victims of juvenile offences need to know that
justice will be speedy, fair and just. Juveniles in conflict with law, and all those who
think that they can use this group of children to commit crime and get away, because
of the long drawn out inquiries, need to get the message that speedy and effective
justice is the hallmark of the Juvenile Justice System.
5. Individualized and Professional Probation services:
The government should pay much greater attention to strengthening the Probation
system for juveniles, given that this is one of the key pillars of an effective justice
system. Individual Care Plans and Social Investigation Reports etc require to be given
the serious attention they deserve.
6. Monitoring and Review:
The various inspection and monitoring authorities under the Juvenile Justice Act and
other legislation need to be established through transparent and fair selection
procedures, and the reports submitted by them need to be given the serious attention
warranted to ensure implementation of Action Taken Reports. Special attention needs
to be given to monitoring and reviewing the progress of each and every child in the
system. But more so, those juveniles alleged to or found to have committed serious
crime. This needs to also be done post the passing of final orders by the Juvenile
Justice Board.
7. Drug-de-addiction centres for children to be established for juveniles in conflict
with law:
The high rates of substance abuse and the dire lack of services to respond to this
unique group need to be taken note of. The recent amendment to sec 48 and sec 58 of
JJA provides for transfer of children to specialized institutions, and these need to be
enforced through setting up of such centres.
8. Juvenile Sex Offenders:
Recently, much attention has been given to laws concerning sexual offences, even
prior to this incident (consideration of amendments to the Cr.P.C). We therefore
propose that serious attention is given to some of the key issues concerning juvenile
sex offenders. Some initial recommendations are:

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 To ensure a trained cadre of counsellors and psychiatrists is made available for
dealing with juvenile sex offenders.
 To ensure that child and adult victims of juvenile crime are provided the
services of Victim Support Services and re-assured that such juveniles are not
going to be treated ‘leniently’ but effectively, and that justice will not only be
done but seen to be done.
 Rules could be reformed to provide for mandatory psychological/psychiatric
assessment of all juvenile sex offenders, and where appropriate, mandatory
attendance at specially designed programmes to be compulsorily offered in all
Special Homes in association with trained professionals from related fields,
counselling and parenting programs for family, life skills education programs
for juveniles etc.
9. Rules relating to procedures to be followed by the Juvenile Justice Boards
before passing final orders:
Rules may be reformed to ensure that before passing orders for juveniles found to
have committed serious offences, expert opinions are mandatorily sought by all
Juvenile Justice Board from child and adolescent psychologists, psychiatrists, social
workers etc, either as part of the Social Investigation Report or independent
submissions directly to the Juvenile Justice Board itself.
10. Addressing the unique challenges of girls who commit serious crime:
Functionaries in the JJ system need to be sensitized and trained to deal with girls who
commit serious crime. Given the small numbers of such children, it is recommended
that at least one SH be set up in every State for such girls, and rehabilitation
programmes be customized to meet their urgent needs and demands.
11. Case Conferencing:
Rules could be amended to provide for Multi-Disciplinary Case Conferencing as a
means to inform decisions by the JJB including the various kinds of Care Plans,
given the additional challenges in dealing with this special group of juveniles.

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BIBLIOGRAPHY

 PRIMARY SOURCE

1. The Constitution of India, 1949


2. Indian penal code, 1860
3. Criminal procedure code, 1973
4. The Juvenile Justice Act, 1986
5. The Juvenile Justice (Care and Protection of Children) Act, 2015

 SECONDARY SOURCE

1. Juvenile Justice: An in-depth study of matters relating to children by Asutosh


Mookerjee
2. Juvenile Delinquency- Causes, Control and Prevention by H.S Sadhu
3. Juvenile Justice System by Vijay Hasaria
4. National Crime Records Bureau, Ministry of Home Affairs, Crime in India, 2014
5. Lectures on Criminal Procedure, including Probation and Juvenile Justice by R.V
Kelkar
6. Criminology and Penology by J.P.S Sirohi
7. Law relating to Juvenile Justice India by R.N Chaudhary
8. Black’s Law Dictionary by H.C Black
9. Juvenile Justice, an Indian Scenario by Sunil K. Bhattacharyya

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 WEBLIOGRAPHY

1. www.google.com

2. www.Indiankanoon.com

3. www.Manupatralegalseach.com

4. www.Legaleagle.com

5. www.Easternlaw.com

6. www.Lawoctopus.com

7. www.Merinews.com

 NEWSPAPER

1. Times Of India
2. Hindustan times
3. The Hindu

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