Juvenile Justice
Dr.N.Prabhudev
Vice Chancellor
Bangalore University
Youth Makes a Nation
• Joe E. Lewis said: “You are young only once,
and if you work it right, once is enough”.
• It is important to note that the priceless
resource of any country is its human resource.
There is no other resource that matches the
human being, because mankind is the
foundation or the corner stone of any
development and civilization. Out of the human
intellect a nation is built.
• "Youth are not only the leaders of tomorrow,
but also the partners of today. ’’
As scholars have stated, "time is not
evaluated by what has been harvested, but
what has been planted". The government and
society at large have equal responsibility to
provide the youth with suitable grounds and
thereby bringing about a matured and
responsible population for the coming
generation to lead a better life.
• Children’s rights require special protection and
call for continuous improvement of the situation
of children all over the world, as well as for their
development and education in conditions of
peace and security, profoundly concerned that
the situation of children in many parts of the
world remains critical as a result of inadequate
social conditions, natural disasters, armed
conflicts, exploitation, illiteracy, hunger and
disability, and convinced that urgent and
effective national and international action is
called for.
• A staggering 30 million children in India
belonged to families living in conditions of
extreme distress and deprivation. Violence
against girls, child labor, children living on the
streets, trafficking, violence in schools and
violence in conflict situations have all been
reportedly on the rise. The need for specific
instrumentality for children stems from these
pressing situations.
Flawed Approach
• The juvenile justice system in India is an offshoot of
the criminal justice system. Because of this, its
approach towards children has always been marked
by the tension between the protective approach of
juvenile justice and the traditional approach of dealing
with crime.
• The basic idea of juvenile justice was to reintegrate
the child into family and society. This needs a proper
network of rehabilitation and after care services.
Unfortunately, this arrangement is almost nonexistent..
• The current juvenile justice policy does not have a
preventive approach. The delinquency prone
situations are increasing but there is no substantial
mechanism to check it.
• Juvenile Justice Act 1986 is the primary
legal framework for juvenile justice in India.
The act provides for a special approach
towards the prevention and treatment of
juvenile delinquency and provides a
framework for the protection, treatment and
rehabilitation of children in the purview of the
juvenile justice system. The law replaced the
Children Act, 1960. The Juvenile Justice Bill
was first introduced in the Lok Sabha on 22
August 1986. This act was amended in 2000
and is now known as the Juvenile Justice
(Care and Protection) Act.
Ban on Trial by Media imposed by Juvenile
Justice
• Indian Media remembers Lippmann quote that
there can be no higher law in journalism than to
tell the truth and to shame the devil but forgets
Section 21 of Juvenile Justice Act which is
inspired by the UNCRC-United Nations
Convention on the Rights of the Child is a good law.
It has a specific provision that bans trial by media.
However, on 03/06/2009, a news item appeared in
the New Delhi Edition of The Times of India on page
4, titled “BOY SHOOTS FRIEND OVER TV
REMOTE”. It reveals the age, name and address of
the juvenile in question.
• It’s high time for the National Commission for
Protection of Child Rights (NCPCR) to act as we
attach immense importance to the rule of law
and the right to fair trial, with special emphasis
with regards to juveniles in conflict with law.
• In fact, since 02/06/07, the media has been
extensively covering and sensationalizing the
case of a nine-year-old juvenile who has
allegedly killed three children in the past one
year. The press has branded him as a 'serial
killer'; it has gone to the extent of publishing his
photograph with such news items along with the
name of his village.
• The press has grossly disregarded Section 21 of
the Juvenile Justice Act, 2006 enacted by the
Government of India which prohibits publication of
the name, address or any other particulars
calculated to lead to the identification of the
juvenile. The said provision also prohibits
publication of the juvenile's picture. However, only
if the enquiring authority in the interest of the
juvenile permits such disclosure in writing, then the
press is justified in publishing such news.
• If children are created in the image of God, then...
My God is a Juvenile Delinquent…Ruzbeh N.
Bharucha
Bail is a right, not a prerogative
• Every juvenile in conflict with law in entitled to be
released on bail, irrespective of whether the
alleged conflict with law is bailable or nonbailable
in the CrPC.. Bail can only be denied if there is
substantial reason to believe that
• After release: the juvenile is likely to get
associated with a known criminal; or there is
moral, physical and psychological danger to the
juvenile; IF THE BAIL IS DENIED, THEN THE
JUVENILE IS KEPT IN AN OBSERVATION
HOME. AN OBSERVATION HOME,IMPLIES,
THAT THE CHILD IS KEPT IN ‘JUDICIAL
CUSTODY’
Adoption under Juvenile Justice Act
• Adoption can be a most beautiful solution not only for
childless couples and single people but also for
homeless children. It enables a parent-child relationship
to be established between persons not biologically
related. It is defined as a process by which people take a
child not born to them and raises it as a member of their
family.
Some of the crucial areas requiring attention are as
follows:
• Better coordination among key players
• Strict enforcement
• Long drawn repatriation process.
• Cross Border Trafficking
• Need for a Protocol
• The Bonded Labour System (Abolition) Act, 1976
Rehabilitation Plan:.
• 1. The educational rehabilitation for the child and
• 2. Economic rehabilitation for the family
It is essential to ensure that young people are
provided the avenues to involve themselves in
nation-building activities. There is the National
Cadet Corps (NCC), there is the National Service
Scheme (NSS) with 5000 national service
volunteers deployed round the country. But why
isn't it a million, given the employment issues, the
community needs? Why not mobilise young people
to really address this?
There are very strong traditions, Gandhian
traditions, just to name one, religious
traditions, the sense of generosity that
could easily be built on in terms of
creating large scale programmes . The
immediate aim should be to raise the
membership of the NSS and the NCC, at
the minimum to a million each to create
awareness of civic responsibilities and
bring about social regeneration.
THANK YOU!