“This Article has been written by Bilal Khan, a law student from Aligarh Muslim University.

HISTORICAL OVERVIEW:

“Every young boy or girl in his or her heart of hearts craves for recognition and love and he or she becomes the devoted slave of anyone who shows him or her kindness and consideration.”

Rabindra Nath Tagore

The term “Juvenile” is derived from a Latin word Juvenis which means Young. Every member of the United Nations has defined the term juvenile for social welfare and legal system. The first formal Juvenile justice law in the world was introduced in 1899 by the United Nation with the formation of the juvenile court of cook county, Illinois meanwhile the first juvenile justice act in indie was introduced in 1986. In 2000, the juvenile justice (care and protection of children) act superseded all child welfare laws in the country that defines the term to mean a girl or boy who has not attained the age of maturity that 18 years of age. In the act of 1986 the state intervention and official action envisaged in the juvenile justice act and measures calculated to undo or to mitigate the consequences of, an act of injustice done to the juvenile who is found to be living in, or exposed to, unfavorable social environment.

The united nations standard minimum rules for the administration of juvenile justice (General assembly resolution 40/33 of 29 November 1985)

The united nation rules for the protection of juveniles deprived of their liberty (recommended to the UN General Assembly of the eight UN congress on the prevention of crime and treatment of offender, Havana , 27 August to 7 September 1990 )

The united nation guidelines for the prevention of juvenile delinquency ( ‘The Ruyad Guidelines’, Havana,1990)

The united nation standard minimum rules for non custodial Measures (‘The Tokyo rules’, recommended by eight UN congress, Havana 1990)

The declaration of the rights of the child [ General assembly Resolution 1386 (XIV) of 20 November 1959]

DEVELOPMENT

In the year 1843 the first juvenile reformatory institution established in Bombay, it was seven years before the passing of the Apprentices Act 1850, in 1850 a ragged school was established at Sewri as an asylum for orphans. The objectives of that school were

1: to reform the juvenile offender

2: Encouraging apprenticeships for youth from working class background

JUVENILE JUSTICE ACT 1986

In the preamble of the juvenile act 1986, it’s provided to care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the consideration of certain other matters related to them.

In the case of Krishna Bhagwan V. State of Bihar, the Patna High Court observed: Krishna Bhagwan as a juvenile should be tried under the provision of juvenile justice act rather than the criminal law.

JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000

In the 1986 Act, the word juvenile define as : “juvenile” means a boy who has not attained the age of sixteen years or a girl who has not attained the age of 18 years. However, in the act of 2000, the word “juvenile” is defined as: “juvenile” or “child” means a person who has not completed eighteen years of age.

In preamble of 2000 Act states that there are several provisions available for the protection of a child such as clause (3) of Article 15,Article 39(e) and (f),Article 45 and 47.

SOME OF THE SALIENT FEATURES OF THE ACT ARE:

It prescribes a uniform age of 18 years for both boys and girls to be treated as children, which is based on the UN convention on the rights of the child 1989.

There is differential treatment for two categories of children, namely. Child in need of care and protection and juvenile in conflict with law.

The act also direct that the cases related to juvenile should be decided within a period of four month.

It has also been made compulsory to set up a juvenile justice board either for a district or group district.

All the offences against juvenile have now been made cognizable offences.

CHILD WELFARE COMMITTEE

Section 29 provides that the state government may, through a notification, establish committees to exercise the powers and fulfill the duties assigned to them regarding children in need of care and protection under this act.

There shall be a chairperson as a member and four other members as the state government appoint.

According to section 30, if the committee is not in session then the child in need of care and protection may be before an individual member for being placed in safe custody.

CURRENT REFORMS

In past, 4 juvenile justice act has been enacted and in recent the juvenile justice (care and protection) was introduced in 2015. It provides a unified framework for dealing with the juvenile under 16 years of age. It was pass by the parliament on September 30 2015 and came into effect from January 2016.

Some important cases on Juvenile Justice& children’s rights.

1. The case of juvenile justice act, 2000

2. The case of juvenile justice act, 2007

3. The case of juvenile justice (care and protection of children) act, 2015

4. The case of juvenile justice act, 2018

The Indian juvenile justice system is based on 3 acts:

1. The Juvenile Justice Act of 1986 (JJA)

2. The Juvenile Justice (Care and Protection of Children) Act, 2000 (JJCPCA)

3. The Juvenile Justice (Care and Protection of Children) Amendment Act, 2007 (JJCA).

CHALLENGES

1. Lack of infrastructure: inadequate resources, short facilities, and poorly trained staff hinder the effective implementation of the Act.

2. Delays and pendency: Cases involving children often face delays and pendency, defeating the purpose of speedy justice.

3. Ad-hocism: The selection and training of experts, such as psychologists and social workers, are often inadequate, leading to inconsistent

4. Lack of accountability: The system often fails to hold parents, guardians, or authorities accountable for their roles in preventing or addressing juvenile crimes.

5. Social and economic factors: Poverty, illiteracy, and social factors contribute to juvenile crimes, and the system struggles to address these underlying issues.

6. Limited scope: The Act primarily focuses on children in conflict with the law, neglecting other vulnerable groups, such as children in need of care and protection.