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Juvenile Justice in India
Situation in India
About four million children are in Government run homes established under the provisions of the Juvenile Justice (Care and Protection of Children), Act 2000.
India has witnessed an increase both in crimes committed by children and those committed against them. There has been a 7.9 per cent increase in crimes committed by children between 2003 and 2004, with more children being apprehended for arson, theft and cheating.
The number of children in conflict with law has increased from 17,203 in 1994 to 30,943 in 2004. The crimes committed by juveniles have also seen an increase in the same period from 8,561 to 19,229. While part of this increase in juvenile crimes may be attributed to the inclusion of boys aged 16-18 years in the definition of child in the revised juvenile justice law of 2000, the fact remains that the rate of juvenile crimes is fairly high and more and more children in the 16-18 years category are coming in conflict with law.
Source: Inspired by data from the Ministry of Women and Child Development.
The Juvenile Justice Act (Care and Protection of Children) Act, 2000.
The Juvenile Justice Act (Care and Protection of Children) Act, 2000 replaced the Juvenile Justice Act 1986, and came into force in April 2001. Prior to enactment of the Juvenile Justice Act 1986, each State had a separate juvenile legislation with distinct provisions. It was amended in 2006.
This Act contributes to the building of a uniform juvenile justice system throughout the country and reaffirms the child’s right to survival, protection, family development and participation. It also considers institutional and non-institutional services for children.
The Act has laid special emphasis on rehabilitation and social integration of the children and has provided for institutional and non-institutional measures for care and protection of children. The non-institutional alternatives include adoption, foster care, sponsorship, and after care. The act also envisages a system of partnerships with local communities and local governments to implement the legislation.
This Act conforms to the UN CRC and seeks to promote a child-friendly juvenile justice system in India. The first example of this lies in the use of different and child-sensitive terminology used in legislation:
- a child alleged to have committed an offence is known as a “child in conflict with law”… not a criminal/accused, or juvenile delinquent.
- a juvenile can be “apprehended” not arrested.
- a child in conflict with law is not subjected to a “trial” but to an “inquiry.”
- a child in conflict with law apprehended by police is supposed to be produced before the “Juvenile Justice Board” not before any other regular Court of Magistrate. |
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