JUVENILE JUSTICE ACT OF 2000

INTRODUCTION

The Juvenile Justice Act of 2000, an important legislation in India, was enacted to ensure the
proper care, protection, and rehabilitation of children in conflict with the law. Recognizing the
unique needs and vulnerabilities of juveniles, the Act aims to strike a balance between their
rights and responsibilities, while promoting their reintegration into society. Juvenile originates
from the Latin term juvneis which means ‘young’. The United Convention on the Rights of Child
defines a child as “every human being below the age of 18 years unless, under the law applicable
to the child, the majority is attained earlier.” Similarly in the Indian context, a person below 18
years of age is known as a juvenile. This article explores the key provisions and objectives of the
Juvenile Justice Act of 2000, highlighting its significance in shaping the country's approach
towards juvenile justice.

1. Background and Objectives

Indian juvenile law is mainly based on British models and has a long history. Two Indian men,
Krishna Chandra Ghoshal and Jai Narain Ghoshal, asked Lord Cornwallis, the Governor-
General, to construct a home for the city's poorest citizens, who also happened to be beggars,
widows, and orphans, in 1787. Additionally, they argued in favour of requiring disadvantaged
people to attend school. 500 destitute people were accommodated in shelters close to Calcutta as
a result of their proposals, and an Orphan Committee was established to oversee the care of
orphan children. Many Calcutta impoverished people's lives have changed as a result of the
activities of these two Indians. Similar to this, a juvenile reformatory centre was established in
Bombay in 1843, which later came to be known as David Sassoon Industrial School.

Before common law, laws relating to juvenile justice were governed by the personal laws- Hindu
law and Muslim Law.

The Indian Jail Committee proposed one of the most major modifications to India's juvenile
justice laws in 1919–1920. The major objectives of prison management were acknowledged for
the first time in history to be the reformation and rehabilitation of offenders. The panel
recommended creating distinct houses and courts for kids. To handle cases of neglected and
truant children at the trial level, which were previously handled by simply one agency, two
agencies were established.

Provisions for the raising, maintenance, reformation, and rehabilitation of abandoned and
problematic children were made by the Children Act of 1960. For the first time, it was forbidden
to imprison any child, no matter what the circumstance. The Children Court and the Children
Welfare Board are established by the Act as separate tribunals to treat neglected and delinquent
children, respectively. But it also sowed the germ of gender discrimination in the conception of a
kid. This Act applied to both boys and girls under the ages of 16 and 18.

With the enactment of the Juvenile Justice Act, 1986, distinct machinery was set up to deal with
delinquent and neglected children. The delinquent children were those who come in conflict with
the law after committing an offence, whereas neglected children were those who found begging,
homeless and destitute, or those living in brothels or with sex workers or frequently going to
such places or those who are likely to be exploited for an illegal and immoral purpose. In
addition, separate institutions were set up for processing, treatment, and rehabilitation of the
delinquent and neglected children.

The Juvenile Justice Act of 2000 replaced the earlier law of 1986, which had been deemed
inadequate to address the evolving concerns surrounding juvenile offenders. The new Act was
passed to align India's approach with international standards, particularly the United Nations
Convention on the Rights of the Child (UNCRC).

The primary objectives of the Juvenile Justice Act of 2000 include:

a) To establish a child-friendly system that protects the rights and interests of children in conflict
with the law.

b) To divert juveniles from the ordinary criminal justice system and provide them with
appropriate care, protection, and rehabilitation.

c) To promote the rehabilitation and reintegration of juveniles into society by addressing the
underlying causes of their delinquent behavior.
d) To ensure the right to dignity, privacy, and confidentiality of the juvenile during the entire
justice process.

e) To encourage the active involvement of families, communities, and NGOs in the rehabilitation
process.

2. Key Provisions

The Juvenile Justice Act of 2000 encompasses several crucial provisions that are designed to
protect the rights of juveniles and ensure their rehabilitation. Some of the key provisions are:

a) Definition of Juvenile: The Act defines a juvenile as a person who has not attained the age of
eighteen years. This age limit ensures that juveniles are treated differently from adult offenders.

b) Juvenile Justice Boards (JJBs): The Act establishes JJBs in each district to handle cases
involving juveniles. These boards consist of a Metropolitan Magistrate or a Judicial Magistrate
of the First Class, as well as two social workers, one of whom should be a woman. JJBs are
responsible for determining the appropriate course of action for each juvenile case. Board is
authorized to allow the juvenile to go home after advice and admonition [Section 15(1)(a)],
direct the juvenile to participate in group counselling [Section 15(b)], to perform community
service[Section 15(c)], order the parent or the juvenile himself if he is over 14 years of age and
earns money, to pay fine[Section 15(d)], direct the juvenile to be released on probation of good
conduct and placed under care[Section 15(e)], make an order, directing juvenile to be sent to a
special home[Section 15(g)], and having regard to the nature of the offence and circumstances of
the case, to reduce the period of stay in a special home[Section 15(1)].

c) Juvenile Welfare Committees (JWCs): The Act provides for the establishment of JWCs at the
district level to oversee the implementation of welfare measures for children in need of care and
protection. JWCs consist of at least three members, including a chairperson and at least one
woman. The Act provides for the establishment of the Child Welfare Committee for disposing of
the matters of the child in conflict with the law. This Act provides for the care, protection,
treatment, development, and rehabilitation of the children as well as to provide for their basic
needs and protection of human rights [Section 31(1)]. The Act also authorizes to establish
observational homes for the temporary reception, care, protection, training, development, and
rehabilitation of the juvenile in conflict with the law during the pendency of the inquiry and
shelter homes for the children who need urgent support [Section 8, 9, 34 and 37].

d) Juvenile Justice Homes (JHs): The Act mandates the establishment of special homes for
juveniles in conflict with the law. These homes provide care, protection, and rehabilitation
services, focusing on the reformation and reintegration of juveniles into society.

e) Rehabilitation and Social Reintegration: The Act places significant emphasis on the
rehabilitation and social reintegration of juvenile offenders. It includes provisions for education,
vocational training, and counseling services within the juvenile justice homes, aiming to equip
juveniles with the necessary skills for a productive and law-abiding future.

f) Confidentiality and Privacy: The Act ensures the confidentiality and privacy of the juvenile at
every stage of the justice process. It prohibits the media from disclosing the identity of the
juvenile and requires the court proceedings to be conducted in a child-friendly manner.

ISSUES FACED

The problem with the Juvenile Justice Board's authority, which gives it a wide range of options
for "releasing" juveniles, such as sending them home after counselling or reprimand, requiring
community service, requiring them to pay fines, ordering their release on probation for good
behaviour, and finally sending them to special homes. The act's intention to provide for training,
education, reformation, and rehabilitation is defeated by this. The stay period may be decreased
even if the Board decided to place the child in a special home in accordance with section 15(1)
(g), releasing the greatest number of children without the necessary support for education,
training, and correction.

The age criteria which has been changed from 16 to 18 years in the case of a male child, which is
inappropriate for recent times. As per Indian Penal Code,1860 the child below 7 years is doli-
incapax (can’t be held liable for any offence) where a child between 7 to 12 years is doli-capex
(can be held liable for the offence committed). That means a child above 12 years is capable
enough to understand the nature and consequence of his act, and therefore must be held
absolutely liable. In today’s era, the age of majority is reduced. A male child attains puberty in
13 years of his age. That means a male child above 13 years is capable enough to commit sexual
offences which required sufficient mental and physical capability. But even after committing
such a heinous offence, he can be absolved from his liability.

The Act does not allow challenging the decision of the child welfare committee that the child is
not being neglected. There is no right to appeal the Board and Committee's judgment before any
court discharges the wrongdoer without further review. Justice is not served by this section
because it infringes on the right to appeal.

CONCULSION

The Juvenile Justice Act of 2000 marks a transformative moment in the Indian juvenile justice
system, recognizing the distinct needs and vulnerabilities of children in conflict with the law. By
prioritizing rehabilitation, reintegration, and the protection of their rights, the Act aims to nurture
and guide juvenile offenders toward productive and responsible lives. While challenges remain,
continued efforts to strengthen the system will ensure that India fulfills its commitment to
safeguarding the welfare of its young citizens and building a just and inclusive society.

The actual practice must be given importance. Lack of cooperation and supervision among the
different authorities is a major drawback of this Act. Many persons (including police officers,
lawyers and judicial officers too) related to the implementation of this Act are unaware of the
concept and philosophy of the juvenile justice system. The law enacted requires an effective
implementation to see the desired results. The society must be encouraged to give enough space
and opportunity to the children for their development and reformation.