Nisha PurohitContributing Author, Rightantra Usually, I don’t start my day with the newspaper but, one Sunday morning, the headline of the newspaper caught my eye. It read, “500 illegal Child Welfare Institutions have been shut down by the Ministry of Women & Child Development (“WCD”)” and another headline read, “Offences committed by Juveniles will be bifurcated as heinous, serious and petty”. I wondered, if a ‘Juvenile’ is defined as a ‘Child in Conflict with Law below 18 years of age’, how is it possible to treat a 16-year-old as an adult? Upon reading more about it, I realised, these headlines were regarding the Juvenile Justice (Care and Protection of Children) Act, 2015 (“JJA”) and the proposed amendment to improve measures for empowerment, set up in the best interest of children, after concerns raised by National Commission for Protection of Child Rights (“NCPCR”) while examining the earlier version of the Act. Before dwelling into what the proposed amendment is, allow me answer a few primary questions: Who is a Juvenile? What is Juvenile Justice and what purpose does it serve? A juvenile is a child who has not attained the age at which he, like an adult, can be held responsible for his criminal conduct under the law of the State. In layman's terms, juveniles are individuals who have not reached the age of 18. Juvenile Justice is a law that deals with minors committing legal offences and their punishment, children’s shelter homes, Child Welfare Committees in districts, special Juvenile Protection Units, legal aid, etc. The motive of developing a JJS is ‘rehabilitation’ and not mere punishment for the offence. Although there is concern for public safety and holding young offenders accountable for their actions, the juvenile justice system prioritises rehabilitation above punishment. The process of returning someone to a functioning existence via therapy and education is referred to as "rehabilitation." Why there is a need to differentiate between the treatment of a juvenile offender and an adult offender? The fundamental principles between the Criminal Justice System (“CJS”) and Juvenile Justice System (“JJS”) are different. CJS adheres to the Penology concept, which asserts that criminals are punished for the crimes they commit. JJS adheres to the Corrections concept, in which juveniles are given directions for rehabilitation and reintegration. Why do children commit a crime? This is the story of ‘chhotu’ (name here is fictional and ‘chhotu’ is not a minor now) who operates a ‘chai tapri’ (tea stall) while pursuing his graduation. A while ago, when I went to the tea stall, I heard Chhotu discussing his graduation with a few uncles. Curious to know more, I enquired about his graduation, and with conversation moving places, he described his tumultuous life as a kid which landed him in a ‘Bacha Jail’ (Juvenile Rehab Center). As a toddler, he grew up watching his alcoholic father physically abusing his mother. In the absence of stable adults, he began seeking assistance outside of the home. He was never enrolled in school and began spending time with the local ragpickers. His father would use the chain to keep him from straying. He was just 10 years old. There are several reasons for minors commit offences that stem from two behavioural patterns, first, that they are immature and unable to differentiate between right and wrong, and second, which is interlinked to the first, is the environment they are surrounded by and the people they live with. Research has ample evidence to show how normalising violence at home, with which the child cannot associate any logic or reasoning, often leads to them becoming perpetrators of violence later in life. Here in Chhotu’s case, in an age where he needed love, care and affection; violence is what surrounded him. This led to his aggressive behaviour and one day in the middle of a fight with local ragpickers, he hit one of them so hard that the boy had to be hospitalized. He was then sent to a Juvenile Care Centre where he went through rehab therapy. Later, with help of an NGO, got enrolled in a school and thereon he changed himself to be a better being. While Chhotu’s story ends on a good note, not every Juvenile offender would experience the same. Offences committed by minors range from pick-pocketing, theft to offences like rape and murder. There is a difference in the mindset of offenders of these extreme ranges of offences. While immaturity can be a reason for offences committed that are petty in nature or accidental in nature, can immaturity possibly be a reason for committing offences like rape, murder, etc. by a 17-year-old? Peer pressure, lack of education, substance abuse, lack of sexual education, negligent parents can be a few reasons. This brings me to the concept of bifurcation of offences and awarding punishment according to the degree of seriousness of the crime. The proposed amendment introduces the category of "serious crimes" for the first time, distinguishing it from heinous crimes. For a juvenile to be prosecuted as an adult for a heinous crime, the punishment should include not just a maximum term of seven years or more, but a minimum sentence of seven years. This provision has been created to ensure that children are safeguarded and kept out of the CJS as much as possible. This differentiation was crucial since, under current legislation, a minor under the age of 18 must be considered as a juvenile/child for all reasons. If a minor commits a "heinous offence," the youngster (if between the ages of 16 and 18) can be prosecuted as an adult and removed from the juvenile justice system's protective umbrella. Legal Aid and Schemes The Integrated Child Protection Scheme (“ICPS”) is a state-sponsored scheme, it serves as a mechanism for the efficient execution of the JJA 2015, therefore improving India's Child Protection System. The ICPS will concentrate its efforts on children in need of care and protection, children in conflict as defined by the JJ Act, and children who come in contact with the law, either as a victim or as a witness, or for any other reason. To read more about ICPS, click here. Conclusion Controlling juvenile delinquency necessitates the efficient execution of the Juvenile Justice Act, as well as complete public awareness and adequate training programs for the country's law enforcement authorities. A proper mechanism for assessing the needs and requirements of the juvenile should be developed. To guarantee the efficient implementation of their objectives, all stakeholders in the juvenile reformation process should collaborate. The parents and authorities engaged in the child's development are charged with the responsibility of ensuring that their child understands moral and ethical behaviour. References:
1 Comment
Rushikesh Agre
8/30/2021 07:21:30 am
This is a very well defined, nice article. Suggestions are also good mentioned in the conclusion. Also, the child's example was too good, in today's scenario. Keep it up!
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