Juvenile Justice System, An analysis

2. An Analysis & Conclusion
• "A century that began with children having virtually no rights is ending with
children having the most powerful legal instrument that not only recognizes
but protects their human rights."
-- Carol Bellamy
• The profile of children in India
reveals that a majority of children
are living in conditions of want,
deprived of basic survival,
subsistence and developmental
opportunities.
• High rates of child mortality,
school dropouts, child labour, handicapped children and the problem of
JUVENILE DELINQUENCY are indicators of the need of intervention of the
State.
• Through the Social Welfare Programmes and the “Juvenile Justice System”,
State has undertaken the responsibility of ensuring developmental
opporrtunities to children living in conditions of want and showing signs of
Social Maladjustment.

3. Continued…
• However, studies have shown that the schemes are inadequate and the JJS
is malfunctioning.
• POLICY TOWARDS JUVENILE JUSTICE SYSTEM: After much
evolution The Juvenile Justice Act, 1986 was been re-enacted as the
Juvenile Justice (Care and Protection) Act of 2000 in view of the primary
responsibility imposed on the State, under Articles 15(3), 39(e) and (f), 45
and 47 of the Constitution of India, ensuring that all the needs of the
children are met with and their basic human Rights are fully protected.
Also, incorporated UN’s CRC, Beijing Rules, PJDL Rules etc.
• Various schemes formulated for the welfare of children for eg.,
“The Scheme of Prevention and Control of Juvenile Social Maladjustment
formulated under the Seventh Five Year Plan, The Integrated Child
Protection Scheme (ICPS), etc.
• Grant-in-aids have been provided since 1975 to voluntary organizations
offering residential care to, among others, destitute and orphan children.
• Various welfare boards formulated, community participation, funds to
NGO’S, adjudication provided.

4. Lacunas in the JJS
• In spite of the numerous steps taken on record for the welfare of the
children in India, there seems to be some lacunas, some loopholes which
makes the beneficiary devoid of the benefits. Some shortcomings of the
JJS are as follows;
1. Implementation Pattern.
2. Intake Agency
3. Adjudicatory Body
4. Homes & Pattern of Expenditure on Homes
5. Absence of Database and Feedback.
6. Absence of Coordination.
7. Gender Dimensions
• Reasons for the FRAGMENTED IMPLEMENTATION OF THE JJS;
1. Historical Reasons
2. Absence of Organized Pressure.
3. Unawareness.
4. Welfare Perception of the Scheme.

5. Amendments.
 Various committees have been formulated from time to time in order to make
amendments in the Juvenile Justice Act, Parliament amended the Juvenile Justice
(Care and Protection of Children) Act 2000 by passing the Juvenile Justice(Care
and Protection of Children) Amendment Bill 2006.
 In 2013, after the infamous “Nirbhaya Rape Case” many legislations pertaining to
Rape, Age of Consent and Juvenile Justice were looked into. As a result, the
incumbent Minister of Woman & Child Development, Mrs. Maneka Gandhi came
up with the Juvenile Justice Amendment Bill of 2014; the said bill seeks to achieve
the following objectives;
1. It specifies procedural safeguards in cases of children in conflict with law
2. It seeks to address challenges in the existing Act such as delays in adoption
processes, high pendency of cases, accountability of institutions, etc.
3. The Bill further seeks to address children in the 16-18 age group, in conflict with
law, as an increased incidence of crimes committed by them have been reported
over the past few years.
This Bill also covers certain important issues aforementioned, they are;
i. Juvenile Justice Boards (JJBs); One or more JJBs to be constituted, for each
district, for dealing with children in conflict with law.
ii. Children’s Courts
ii. Child Welfare Committees
iv. Special Juvenile Police Units (SJPU) and Child Welfare Police Officers
v. Adoption
vi. Penalties

6. Suggestions for Changes in the Policies
• The reasons for failure of JJS are not linked with the Children’s
behaviour being not amenable to reform or children showing
irresponsible behaviour despite opportunities being given to them for
development and growth. Few suggestions for policy changes required
for better implementation of the law relating to children in need are as
follows;
1. Integration of the JJS with Human Resource
Development Planning.
2. Family as the unit of Care for the Children.
3. Establishment of Advisory Boards
4. Community Participation- Strategies to
Increase Participation.
5. Training Institutions.
6. Formulations of Minimum Standards.
7. Experiments in Alternatives