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An Overview of Juvenile Delinquency and the Juvenile Justice System in India
The juvenile justice system is child-centred, with the overall philosophy and goal being rehabilitation and social re-integration of every child. The philosophy is equally applicable to both groups of children – children in need of care and protection and children in conflict with law. The procedure governing the juvenile justice system socio-legal in nature and they are framed within the context of child rights and best interest of the child. The Juvenile Justice (Care and Protection of Children) Act,2015 has mandated separate set of procedures for the two groups of children. All persons under the age of 18 are tried under this Act vis-à-vis adults that are tried under the criminal justice system which excludes retribution and punishment.
Adherence to child rights is an integral part of the juvenile justice system. Chapter II of the Act outlines 16 ‘General Principles of Care and Protection of Children’ which include rights such as right to ‘dignity and worth’, ‘right to participation’, ‘best interest’, ‘principle of family responsibility’ and ‘principles of natural justice’. Therefore, it is mandatory that all procedures, at every level and stage of a child’s case, from the time of apprehension/arrest, through the process of inquiry to Final Order, must be based within the overarching principles as enumerated in the Act.
All procedures of the Act are required to be based on two fundamental considerations –
- “best interest of child” which is defined under Section 2(9) of the Act as the basis for any decision taken regarding the child, to ensure fulfilment of basic rights and needs, identity, social wellbeing and physical, emotional and intellectual development.
- “Child friendly approach”, which is required to be demonstrated by all officials directly and indirectly connected to the juvenile justice system. This has been defined under Section 2(15) of the Act as any behaviour, conduct, practice, process, attitude, environment or treatment that is humane, considerate and in the best interest of the child.
The entire system for children in conflict with law is a vast network of several mandated institutions and allied systems. Each person, along with the child themselves act as a key stakeholder. Each of these stakeholders play an important role towards ensuring efficiency and effectiveness. This includes the Supreme Court Juvenile Justice Committee, the High Court Juvenile Justice Committee within each state, National Commission for Protection of Child Rights (NCPCR), State Commission for Protection of Child Rights (SCPCR), Juvenile Justice Board, the Police, other relevant ministries and State Government departments related to child development, the Superintendent/Probation Officer, caretaking staff of Observation Homes and Special Homes, free legal aid lawyers, the Integrated Child Protection Scheme (ICPS), NGO representatives and other experts.
It is the police who apprehend the children on the basis of offence charges, produce them before the JJB, conduct investigation, submit the Final Report and produce the relevant documents and witnesses during the course of inquiry. They conduct preliminary investigation, expedite the age verification on the child and file the necessary report. They are expected to wear civil clothes as opposed to their uniform while accompanying the child. The child is placed under the charge of the Special Juvenile Police Unit or the designated Welfare Police Officer and the presence of a female police personnel is ensured while apprehending a girl child.
