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Chief Justice of India D Y Chandrachud said that juvenile justice systems need to change by working together internationally and sharing the best ways to deal with increasing digital crimes involving minors.

CJI is on a three-day official visit to Nepal at the invitation of Chief Justice of Nepal. He made above remarks while a National Symposium on Juvenile Justice.

What’s in today’s article?

• Juvenile Justice System in India
• Key highlights of the speech delivered by CJI

Juvenile Justice System in India

• Idea behind Juvenile Justice System
  • The fundamental idea is that the State must step in and exercise guardianship over a child found under social or personal conditions that promote criminality.
  • This reflects the realization that children are unable to manage their own affairs and that delinquent acts affect the whole social structure adversely.
    • Delinquency means not following societal norms or failing to fulfil responsibilities, which can involve committing crimes or doing wrong.
• About
• The Juvenile Justice System falls within the realm of criminal law.
• It aims to address the needs of young individuals who are not yet old enough to be held fully responsible for their criminal actions.
• History of Juvenile Justice System in India
  • Recommendations of the 1920-21 Indian Jail Commission were the real impetus for separate juvenile legislation in India.
  • In post independent India, the Children Act of 1960 and Juvenile Justice Act of 1986 were enacted.
  • The United Nations General Assembly adopted the Convention on the Rights of the Child in November 1989.
  • In response to this convention, the Indian Legislation repealed the Juvenile Justice Act of 1986 and introduced a new law called “The Juvenile Justice (Care and Protection of Children) Act, 2000.”
  • The Juvenile Justice (Care and Protection of Children) Act 2000 was initially enacted to provide protection for children.
    • This act underwent two amendments, first in 2006 and later in 2011, in order to address gaps and loopholes in its implementation.
  • In the aftermath of Nirbhaya Rape Case (December 2012), Indian Parliament came up with a new law which is known as Juvenile Justice (Care and Protection), 2015.
    • The Introduction of the Act has replaced the existing juvenile laws and has introduced some remarkable changes.
    • One of the remarkable changes is juvenile under the age group of 16 to 18 years should be tried as an adult.
• Key highlights of JJ Act 2015
  • It defines a child as someone below 18 and distinguishes between a “Child in Need of Care and Protection” and a “Child in Conflict with Law.”
  • The act classifies offences into heinous, serious, and petty categories. It allows for juveniles between the ages of 16 and 18 to be tried as adults after considering their mental capacity.
  • The act also introduced the establishment of Juvenile courts, dedicated to handling juvenile offenses.
  • The act also addresses adoption, recognizing the rights of adopted children.
  • The act adopts a child-friendly approach in the adjudication and disposal of matters in the best interest of children.
  • Rehabilitation of juvenile offenders is emphasized through various child care houses and institutions.

Key highlights of the speech delivered by CJI

• Recognise the vulnerabilities and unique needs of children
  • When discussing juvenile justice, we have to recognise the vulnerabilities and unique needs of children embroiled in legal conflicts.
  • We must ensure that our justice systems respond with empathy, rehabilitation, and opportunities for reintegration into society.
• Children need protection against the backdrop of rapidly evolving technology
  • With technology evolving rapidly, juveniles are diving into cybercrimes like hacking, cyberbullying, online fraud, and digital harassment.
  • The anonymity and accessibility of digital platforms lower barriers to entry, luring young individuals into illicit activities.
  • He cited the "Momo Challenge" as an example.
    • The 'Momo Challenge' was a viral hoax that spread through social media platforms in 2019, targeting children and adolescents.
    • This hoax purported a series of escalating dares, including self-harm or suicide, although it was later debunked.
  • Hence, there is a need for proactive measures to educate and safeguard young individuals in the digital age.
  • Digital literacy, responsible online behaviour, and effective parental guidance are crucial components in mitigating cyber-related risks.
• Specific training in child protection rules is essential
  • At the domestic level, specific training in child protection rules is essential to ensure that all stakeholders involved in the juvenile justice system have the necessary knowledge and skills.
  • This training should encompass various aspects of child protection, including understanding child development, recognising signs of abuse or neglect, and familiarising oneself with relevant laws and procedures.
  • Training programs should incorporate principles of trauma-informed care, emphasising sensitivity and empathy towards juvenile offenders who may have experienced adverse experiences.
• Juvenile justice plays a crucial role
  • Juvenile justice plays a crucial role in shaping a fair and equitable society through its focus on reformative measures.
  • By placing the well-being of children at the forefront and offering access to rehabilitation and support services, JJ systems help create an environment conducive to the overall growth and development of young offenders.
• Referred to a study titled ‘Rights of Children: A Case Study of Child Beggars at Public Places in India
  • The study said that approximately 44,000 children were ensnared by criminal gangs in India every year.
  • These children were coerced into engaging in begging, trafficking, smuggling, and other criminal activities.