Legal

What are Different Countries in the World doing in the Field of Juvenile Justice System and Care?

________________________________________________________________________________

This Blog is written by Prerna Ganti from Symbiosis Law School, Hyderabad. Edited by Prakriti Dadsena.

________________________________________________________________________________

INTRODUCTION

In the last few decades, we have seen many cases and read newspaper articles regarding a surge in the crimes committed by juveniles all over the world. Juvenile refers to a person who has not attained the age of majority, i.e., in other words, a juvenile is a young kid or minor who is not considered an adult. It has been recorded that the crimes committed by kids aged between 12-16 increased enormously due to various reasons such as lack of education, improper conditions for well-being, poverty, pressure from a family belonging to the poor, traumatic experiences from life, and poor mental health. Hence, a crime committed by a juvenile is termed juvenile delinquency. It is a matter of concern and shame that kids between the age of 6-16 are forced and influenced to carry out unlawful and illegal activities that violate the law. The kids commit crimes such as robbery, burglary, sale of illegal items, and consumption and sale of drugs. Because children’s minds have a naive and manipulative nature, they can be enticed for a pitiful expense. Juvenile justice is a tactful area of law that deals with the protection and rights of children. Various measures of enactment have been implemented and embraced globally regarding juvenile justice care and protection of juveniles who violated the law. It is also a domain that digs deeper into issues concerning the behaviour and freedom of a juvenile. It is a global issue that has created many controversies and has made nations rethink their laws to introduce and work on juvenile laws for the betterment of young offenders. The advanced thought of juvenile justice systems is to try juveniles in court and condemn them to a facility or treatment centre. The primary authority of juvenile justice frameworks was made in the nineteenth century. Every developed nation has a framework set up to deal with minors who have committed crimes and are considered reprobates. The United Nations has also taken few steps to curb juvenile delinquency and to promote juvenile justice care and protection in nations worldwide. The United Nations started the world programme of action for youth (WPAY) in 1995 in collaboration with UNICEF and other organizations to expand their mandates to strengthen juvenile justice and reduce the number of crimes committed by young offenders.

JUVENILE JUSTICE CARE AND PROTECTION IN NATIONS AROUND THE WORLD AND PROVISION IN THE LEGISLATURE

Every nation around the world has its laws implemented to bring down the rate of juvenile crimes and to protect the rights of these young offenders. The juvenile age may differ from nation to nation. In India, anyone below the age of 18 is considered a juvenile, whereas anyone below the age of 20 is considered a juvenile in Japan and Taiwan. Hence, punishments and trials are done according to the degree of crime committed by the juvenile and the laws implemented in the respective countries.

Juvenile Justice System in the U.S.A: The juvenile justice system in America gives power to the police under its sovereignty and is composed of the states and local government bodies under the federal system’s authority by the United States Constitution. Anybody below the age of 18 is considered a juvenile in the U.S.A. It is the decision of the police whether to reprimand the juvenile who committed the crime or put the juvenile under custody. The police also have the power to do both. After the juvenile is tried before the court of law, he is sent to certified schools, children’s homes, rehab centres for children to provide them with a better life and improve his/her behaviour. A juvenile is also tried as an adult in few exemptional cases where the age of the juvenile is near to the age of an adult as per the laws.

Juvenile Justice System in India: The Juvenile Justice (care and protection for children) Act was introduced in the year 2000 to provide care and protection to juvenile offenders in the nation. In India, a juvenile is a person who committed a crime below the age of 18. There were two amendments to this Act in the year 2006 and later 2011. However, in 2015, after the Nirbhaya Case where a minor who was going to be 18 in 6 months was accused of rape, there had to be changes made to cover the law’s loopholes. Hence, the Act was replaced by Juvenile Justice Care and Protection, 2015. The Justice system established special courts for juvenile offenders, taking proper care, protection, development, treatment, and adoption of children and provide children with critical care in children’s homes and rehabilitation centres.

Juvenile Justice System in China: Reforms in the Juvenile justice system has been one of the top priorities of the Chinese government. Juveniles in China are people below the age of 18. The juvenile section was added to the criminal code of law in 2011. The first priority of the juvenile system is to provide education to juvenile offenders and teach them values about living a better life. There are both custodial as well as non-custodial measures available for juvenile offenders who committed crimes. Suspended sentences were endorsed for youth who committed minor offences in 2011.

Juvenile Justice System in Belgium: Belgium is the top nation that records the least number of crimes committed by juveniles. Belgium could curb the crimes committed by juveniles due to its impeccable justice system to protect the rights of the juveniles. In Belgium, a crime committed by anyone below the age of 18 is considered juvenile delinquency. The justice, protection, and care of a juvenile who committed the crime lies in the hands of the communities as the power to decide the measures to be taken for the crime committed was delegated by the government under the policy document passed in the year 2011. Courts are held to question and follow the procedure according to the laws. This benefits to protect the right of the young offenders and teach them moral values.

Juvenile Justice System in the U.K: Juvenile courts were established in 1908 in the United Kingdom. These courts were devoted to protecting juvenile offenders’ rights and taking care of their well-being by providing them proper education and care under the Children Act, 1908. Juveniles who committed crimes were tried in the Juvenile Courts under the Children and Young Offenders Act, 1933. Juvenile offenders were sent to training for reformation and are provided security in the remand homes under the Criminal Justice Act, 1948.

SIGNIFICANCE OF THE PROBLEM

The concept of Juvenile Justice was derived as it was observed that crimes committed by juveniles could not be resolved using the traditional customs of law. Hence, there was a need to set up Juvenile courts and build up a justice system around the world for the care and protection of the rights of the juveniles as per the guidelines set by the United Nations declaration of the Rights of the child. Many children between the age of 6yrs -20yrs commit various crimes for unknown reasons worldwide. The youth is regarded as the most significant asset for the future of a nation. Hence, juveniles have to be given proper training, protection and should be taught social values. A child must be brought up in proper living conditions as the surroundings greatly impact their upbringing. Children commit crimes due to individual factors such as behavioural defects and social factors such as the background of the family, poverty, peer pressure by friends, need for a better living, or sometimes forced to commit crimes to sustain in society. Therefore, juvenile justice care and protection is an essential field of law to be focused on for the betterment of the child, train and guide him properly, and protect the children’s rights who are driven into the world of juvenile delinquency due to various factors.

IMPACT

Juvenile Justice care and protection had both positive and negative impacts worldwide. Countries could reduce crimes committed by implementing new laws and amending the existing law on juvenile delinquency. The juvenile justice system justified and reached its goal of developing youth, protecting their rights, providing them required care, restoring juveniles who committed crimes, supporting families by providing education to the children in few nations worldwide. They succeeded in bringing down crime rates of juveniles and ensured in protecting their rights. Furthermore, the enactment of these laws was followed by establishing juvenile courts, observational homes, special homes, and shelter homes. Special juvenile police officers were dedicated to looking after the crimes committed by the juveniles and incorporated themselves into stopping these crimes. Juvenile justice care and protection helped influence children positively and led them in the right direction as they are an important asset to the nation. However, not all nations could succeed in implementing the laws as there are loopholes in the justice system. Few countries could not ensure their best in protecting the rights of the juveniles and improve their lives as juvenile delinquency keeps increasing in few nations. Due to lack of proper guidance, children get back to committing crimes for their living and various other reasons. Therefore, nations should still work their best on juvenile protection and care to stop juvenile delinquency completely.

CASE LAWS

Few landmark judgments around the world have made lawmakers rethink and amend their existing laws and acts regarding juvenile justice care and protection. Some such case laws are as follows:

In India, in the landmark judgment of Munna v. State of U.P, the Supreme Court held that the fundamental rights of the young offenders who have committed a crime should not be restricted and ignored even if they are prisoned. Moreover, the child should not be ill-treated even if he is found to be guilty of a crime. His/her rights shall be protected, and proper care should be given.

In another landmark case of Raj Singh v. the State of Haryana, a juvenile was pronounced guilty under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and was sentenced to imprisonment. However, the trial was revoked under section 2(e) as the child who was found guilty of the crime committed was a juvenile under the Juvenile Justice (care and protection) Act, 1986.

In Deoki Nandan Dayma v. The State of Uttar Pradesh, the court ruled that an entry in the school book stating a student’s date of birth is acceptable evidence in calculating the age of a juvenile or demonstrating whether the accused is a child or a juvenile.

In international cases such as the Gault, In re, it was held by the U.S. Supreme Court that the purpose of juvenile courts and proceedings is to differentiate the offences committed by the juveniles from criminal proceedings, and the punishments sentenced to the juveniles should not be punitive.

In Krishna Bhagwan v. The State of Bihar, according to the Apex Court, the relevant date for determining a juvenile’s age for purposes of trial under the Juvenile Justice Board should be the day on which the offence was committed.

ANALYSIS AND CONCLUSION

Juvenile Justice care and protection should be examined critically, and the policymakers should make necessary changes to protect the rights of the young offenders. Though nations worldwide have provisions regarding juvenile justice care in their legislatures, implementing such laws is not taken seriously. Young offenders are left after being caught for a crime and are not sent to proper training and protection camps to mould their behaviour. Young offenders in few countries are sentenced to equal punishments just as the adults, due to which their fundamental rights are violated. Juvenile Justice Acts in some nations are only for the books and are not implemented in daily life. Hence, proper protection and care should be given to the juvenile offenders, such as proper training, education, care, protection, and shelter. Reformative punishments should be awarded to young offenders rather than punitive punishments by the courts. More power should be given to the international conventions to protect these young offenders’ rights and bring them justice. Officers and judges who have knowledge related to juveniles and are trained to handle the psychology of a child should be appointed as we observe that many countries lack officials who can bring justice to the young offenders. The number of shelter homes, remand homes, schools, and training centres for juvenile offenders should be multiplied. Proper officials who are trained and know child’s psychology well should be recruited. Present laws on juveniles are not creating an impact in most of the nations, due to which they are unable to have fruitful results. Therefore, stricter laws should be implemented and followed to accomplish the goal of providing care and protection to young offenders. Hence, Juvenile Justice Care and protection should be treated gravely equal to other provisions of law.