Trying Juveniles As Adults Is Not The Answer

Juvenile justice has been a matter of great concern for policymakers, judges, and the public for many years. In recent years, the trend of trying juveniles as adults has increased, and many are questioning the wisdom of this approach. 

• Recently, the Bombay High Court said that the Juvenile Justice (JJ) Act is “not only a beneficial legislation, but is also a remedial one.” 

About Juvenile Justice System

Juvenile Justice System is the most progressive and enlightened system adopted by the world citizenry with all round growth of children. 

• Prime Focus: To reform the deviants and provide care to the unprotected child. As far as practicable, a child to be rehabilitated and restored to the family. 
• Followed Doctrine: The special court to adopt the doctrine of parens patriae while adjudicating the matter of child in conflict with the law. 
  • Parens patriae is Latin for “parent of the country or homeland”. Under parens patriae, a state or court has a paternal and protective role over its citizens or others subject to its jurisdiction.
• Trial for Juvenile as an Adult: The case is transferred before the children’s court. As per Section 19 of the amended Act, the court can pass a decision on whether there is a need for trial of the child as an adult, or otherwise. 
  • Age Bar: A children’s court has to ensure that the child in conflict with the law is sent to a “place of safety” until he reaches the age of 21 years, and is only then transferred to jail.
  • Protection: The court can also order the conditional release of the child after he attains the age of 21 years. 
    • Two important protections, protection from disqualification, and erasure of conviction record after a reasonable period do not extend to a child who has been tried as an adult.
  • Punishment: If the child is tried as an adult, the sentence can go up to life imprisonment, but if the child is tried by the board as a juvenile, the maximum sentence can only be three years in a special home.
• On Statistics: The National Crime Records Bureau (NCRB) publishes yearly data on the number of crimes committed by Juveniles in its Crime in India Reports.
  • The NCRB data reveals a notable trend from 2013 to 2022. During this period, the number of reported crimes decreased from 43,506 to 30,555 marking a reduction of 12,951 crimes, which accounts for approximately 30% in 10 years.

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Constitutional Provisions Relevant to Juvenile Justice in India

Following provisions are dealt by the Indian Constitution with respect to Juveniles:

• Article 15(3): It empowers the state to enact special provisions for children, exemplified by legislations like the JJ Act, 2015, and Right to Education Act, 2009.
• Article 39(e) and (f): These Directive Principles of State Policy ensure child welfare. 
  • Article 39(e) safeguards children from economic exploitation, upheld by the Child Labour (Prohibition and Regulation) Act, 1986. 
  • Article 39(f) ensures children’s healthy development and protection against exploitation, reflected in the Juvenile Justice Act, 2015.
• Article 45: Initially it aimed at free and compulsory education for children up to 14 years, but after the 86th Amendment Act, it focused on early childhood care and education up to 6 years, reinforced by the Right to Education Act, 2009.

About Juvenile Justice (Care and Protection of Children) Act

In India, a juvenile is a person less than 18 years of age. The Juvenile Justice (Care and Protection of Children) Act, 2015, addresses children in conflict with law and children in need of care and protection.

• Categorisation of Offences: Into three categories — petty offences, serious offences, and heinous offences. 
  • The Act provides for trying juveniles in the age group of 16-18 as adults in cases of heinous offences.
• Juvenile Justice Boards: The Act provides for one or more Juvenile Justice Boards to be constituted in every district. 
  • Comprises: A Judicial magistrate of the first class and two social workers of whom at least one should be a woman.
• Child Welfare Committee: The Act provides for one or more Child Welfare Committees to be constituted in every district which consists of One Chairperson and 4 other members of whom at least 1 should be a woman and another, an expert on the matters concerning children.
  • Mandate: The Committee is responsible for restoring abandoned or lost children to their families, declaring them legally free for adoption, taking suo-moto cognizance of cases, taking action for rehabilitation of sexually abused children, coordinating with agencies involved in the care and protection of children, etc.
• On Adoption: The Act streamlined adoption procedures for orphans, abandoned and surrendered children and the existing Central Adoption Resource Authority (CARA) has been given the status of a statutory body to enable it to perform its function more effectively.
• Commitment towards Global Conventions: The Act fulfils India’s commitment as a signatory to the United Nations Convention on the rights of the child, the Hague Convention on Protection of Children and Co-operation in respect of Inter-country Adoption (1993), and other related international instruments.
• Implementation Agency: The National Commission for Protection of Child Rights (NCPCR) is under a statutory obligation under the JJ Act to monitor the proper implementation of the provisions of the Act. 
• Amendment: In 2021, the Parliament passed The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021 which amended the Juvenile Justice Act, 2015.
  • Provisions: The amendments include authorising District Magistrate including Additional District Magistrate to issue adoption orders under the JJ Act, in order to ensure speedy disposal of cases and enhance accountability. 
    • Previously, civil courts oversaw this process.

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On Being tried Juvenile as an Adult

The JJ Act allows for the possibility of trying adolescents above 16 as adults if they are accused of committing a “heinous” offence. Prior to the 2015 amendment in the original JJ Act, all children below the age of 18 years were treated as juveniles. 

• Offence Committed: A “heinous” offence is one with a minimum punishment of seven years or more. 
  • Offences such as culpable homicide and causing death by negligence, which are common in drunken driving cases, are not “heinous” offences because they do not have a prescribed minimum punishment. 
  • The JJ Act, amended in 2021, now categorises an offence that has no minimum sentence but has a maximum sentence of more than seven years as a “serious offence” which, nonetheless, does not merit the transfer of a case to the adult criminal justice system.
• Assessment: According to Section 15, in any case, when an adolescent above 16 years of age is accused of a “heinous” offence, the JJB, a quasi-judicial body, conducts a preliminary assessment to determine if they should be tried as an adult. 
  • If it concludes that there is such a need, the adolescent is transferred to a sessions court, which independently assesses the suitability of trying the adolescent as an adult.
  • These protections are based on the understanding that adolescence is a temporary developmental stage characterised by immature judgement and underdeveloped impulse control. 
  • Time Framework: The assessment is required to be done within three months from the date of first production of the child before the JJB. 
  • Assistance from Experts: The Supreme Court also said that when the JJB does not comprise a practising professional with a degree in child psychology or child psychiatry, it would have to mandatorily seek the assistance of experts.
• Associated Judgement: The above protections are recognised by the Supreme Court in Dr. Subramanian Swamy v. Raju (2014) and by the UN Committee on the Rights of the Child. 
  • Consequently, the juvenile justice system emphasises rehabilitation and social reintegration over punishment, acknowledging that adolescents, due to their high neuroplasticity, are more receptive to change.

Arguments in Favour of Trying Juveniles as Adults

Juveniles are sane enough to differentiate between good and bad. Therefore, children can commit crimes as they have decided to choose the wrong path.

• The Seriousness of the Crime: Proponents of trying juveniles as adults argue that some crimes are so serious that the perpetrator, regardless of age, should be held accountable in the adult criminal justice system such as juvenile in Nirbhaya Gang Rape Case, 2012.
  • They believe that trying juveniles as adults is a necessary step in ensuring that violent and dangerous criminals are punished and held accountable for their actions.
• Public Safety: Juveniles who have committed serious crimes are often considered a high risk of re-offend, and many believe that trying them as adults will reduce this risk and protect the public from future harm.
• For Deterrence: The threat of being tried as an adult will deter juveniles from committing serious crimes, thereby reducing the number of crimes committed by minors.

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Arguments Against trying Juveniles as Adults

Trying adolescents as adults sidesteps the problem of weak implementation of the juvenile justice system. The issue lies not in the perceived leniency or “misuse” of the system, but rather in the failure to fully implement its foundational principles.

• Lack of Maturity: Juveniles are not fully developed and lack the maturity of adults. They are less able to understand the consequences of their actions and that they should be given a chance to reform and change their ways.
• Rehabilitation: Juvenile justice systems are designed to provide rehabilitation and education, whereas adult criminal justice systems are primarily focused on punishment.
  • The adult criminal justice system is not equipped to provide the rehabilitation and education that juveniles need. 
• Permanent Consequences: The consequences of being tried as an adult can be permanent and have a devastating impact on the juvenile’s future. 
  • A criminal record can limit job opportunities and make it difficult for a juvenile to reintegrate into society.

Way Forward

To achieve the positive gain on this juvenile justice front, there is a need for proper implementation of the juvenile justice system along with following measures:

• Focus on Accountability and Rehabilitation: The juvenile justice system is rooted in holding offenders accountable for their actions. When an adolescent is found to have committed a crime, the JJ Act empowers the multidisciplinary JJB to tailor a response befitting the circumstances and the adolescent concerned. A conviction can result in institutionalisation of the offender, but with the express goal of rehabilitation. 
• Individual Care Plan: The JJBs can prescribe interventions such as therapy, psychiatric support, and de-addiction during and after institutionalisation. 
  • An individual care plan is prepared for the adolescent’s rehabilitation keeping in mind their socioeconomic conditions and the circumstances of the crime. 
  • This approach has the potential to foster accountability and healing, creating opportunities for justice that are often unattainable within the rigid confines of the punitive adult justice system.
• Inclusion of Innovative Approaches: India can adopt various innovative processes as followed in US and Indonesia such as practising victim impact panel (VIP).
  • Specifically in cases of deaths caused by motor accidents, innovative approaches have been attempted in Indonesia and the US that enable offenders to face their victims and focus on personal accountability. 
  • In some jurisdictions, convicted drunk drivers are required to face a victim impact panel (VIP) of relatives of victims who express how the incident affected their lives. 
    • A report released in 2022 by Kevin Thompson and Sarah Joyce found a reduction in recidivism amongst offenders exposed to VIPs in North Dakota. 
  • While this can never change the life-altering incident itself, it personalises the loss and grief experienced by the victim and gives an opportunity to the offender to express regret.
• Acknowledgement of Responsibility: New followed practices in the World like VIPs recognise the victim and their family as central to the process of justice dispensation create space for the needs of the victims that may range from compensation to an apology or explanation or acknowledgement of responsibility by the offender. 
  • This approach recognises that crime is often the outcome of a complex interplay of societal and psychological factors.
• Family and Community Involvement: Engaging families and communities to support a nurturing environment for juveniles that can address the underlying causes of delinquency, aiding reintegration.
• Educational and Vocational Training: Access to education and vocational skills equips juveniles for post-rehabilitation life, reducing reoffending risks by providing legitimate livelihood avenues.
• Psychological Support and Counseling: Addressing mental health through counselling is vital, as many juveniles in conflict suffer from untreated psychological issues.
• Community-Based Programs: Involvement in community service fosters responsibility and belonging. It also serves restorative justice by allowing juveniles to make amends.

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Conclusion

Children are the future resources of the country. They must be transformed from negative to positive personalities. Critics argue that the system sometimes fails to fully apply its foundational principles, focusing inadequately on rehabilitation and accountability. 

• Trying juveniles as adults is seen as to bypass the core issues of systemic inefficiency, which underscores the need for a more robust and consistently applied juvenile justice system that truly balances the goals of rehabilitation and public safety.

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