Critique of the Juvenile Justice System

Source: The post critique of the Juvenile Justice System has been created, based on the article “Trying juveniles as adults is not the answer” published in “The Hindu” on 17h July 2024

UPSC Syllabus Topic: GS Paper2-Laws, institutions and Bodies constituted for the protection of vulnerable sections.

Context: The article discusses how India’s Juvenile Justice system manages young offenders, emphasizing rehabilitation over punishment and the possibility of trying adolescents as adults. It highlights the need for better implementation of the system’s principles to ensure accountability and victim-centered justice.

For detailed information on JUVENILE JUSTICE LAW read this article here

Background:

A teenager driving a car in Pune hit and killed two young tech workers. Initially, the Juvenile Justice Board (JJB) granted him bail with easy conditions. After public pressure, they ordered him to be held in an Observation Home. The High Court, however, released him again, saying the law was followed properly.

What Does the Law Say About Juveniles Committing Serious Crimes?

1. The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) defines a “heinous” offense as one with a minimum punishment of seven years or more.
2. Adolescents over 16 can be tried as adults for heinous offenses.
3. The example in Pune involved a teen who caused deaths by negligent driving, which is not classified as “heinous” because it lacks a minimum prescribed punishment.
4. Such offenses are termed “serious” because they have a maximum punishment of over seven years but no minimum sentence, thus not qualifying for trial in an adult court under the JJ Act.

What Are Innovative Ways to Hold Juveniles Accountable?

1. Victim impact panels (VIPs) are used in the U.S., where offenders meet with the victims’ families to understand the impact of their actions.
2. A 2022 study by Kevin Thompson and Sarah Joyce showed that VIPs in North Dakota significantly reduced recidivism among offenders.
3. These panels allow victims to express their grief and offenders to offer apologies, aiding in rehabilitation.
4. This method emphasizes personal accountability and the healing of both victims and offenders.
5. It shifts from traditional punitive approaches to a more restorative justice model, focusing on community and victim involvement in the justice process.

What is the Critique of the Juvenile Justice System?

1. The juvenile justice system is often criticized for its poor implementation rather than its intent or structure.
2. Critics argue that the system sometimes fails to fully apply its foundational principles, focusing inadequately on rehabilitation and accountability.
3. Trying juveniles as adults is seen as a shortcut that bypasses the core issues of systemic inefficiency.
4. The public outcry and legal challenges in the Pune case exemplify concerns over perceived leniency and inconsistency in handling serious offenses by juveniles.
5. This critique underscores the need for a more robust and consistently applied juvenile justice system that truly balances the goals of rehabilitation and public safety.

Question for practice:

Discuss the challenges and controversies surrounding the treatment of juveniles who commit serious offenses under India’s Juvenile Justice system.