Sources: Quick Review of Status of Juvenile Justice System, National Legal Services Authority, January 2019; PRS.
Lack of availability and limited capacity of institutions set up under the Act
The 2015 Act provides for setting up one or more Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs) in every district. 1 The Standing Committee on Human Resource Development (2015) had noted that statutory bodies under the Juvenile Justice Act, 2000 including JJBs and CWCs were not present in many states.[9] Several bodies existed only on paper, and were not functioning. Further, populous districts which were likely to produce larger caseloads had inadequate CWCs.
The National Legal Services Authority (2019) noted that only 17 of 35 states/Union Territories (UTs) had all basic structures and bodies required under the Act in place (Table 1).[10] For example, states such as Assam, Bihar, and Haryana, did not have CWCs in all districts. 10 The Standing Committee on Human Resource Development (2015) also noted that CWCs and JJBs lack authority to manage their financial and human resources and are dependent on the state or district administration. Due to lack of infrastructure or specific funds, action taken by them was limited and delayed. 9 It recommended greater financial allocation, training and cadre-building for various bodies.
Child-care institutions (CCIs): CCIs refer to institutions including open shelters and specialised adoption agencies, which provide care and protection to children in need of such services. 1 As of March 2020, there were 2,162 CCIs across India.[11] The Committee on review exercise of CCIs (2018) noted that many CCIs fail to provide even the basic services to the children including individual bedding, and proper nutrition and diet.[12] In 2018, the Supreme Court recommended that state governments evaluate CCIs across India to ensure that minimum standards of care are being complied with[13] The Committee also noted that despite registration being mandatory under the 2015 Act, only 32% of total CCIs across the country were registered. 12 The Supreme Court (2017) recommended that all children in CCIs be registered compulsorily and this data be verified and validated.[14]
Role of High Courts: In 2018, the Supreme Court requested that the Chief Justice of every High Court to register proceedings on its own motion to ensure effective implementation of the Act. 13 In 2017, the Court had suggested that Juvenile Justice Committees should be set up in every district and should comprise of High Court judges, who have a constitutional obligation to protect the fundamental rights of children. 14
Delays in Adoption
The 2015 Act empowers Central Adoption Resource Authority (CARA) to regulate and promote adoptions in India. 1 In 2017, the Madhya Pradesh High Court noted that children declared legally free for adoption were not being given timely referrals by CARA.[15] The Court recommended that the Steering Committee of CARA may monitor and investigate the conduct of CARA. 1 Further, action must be taken against individuals responsible for the delay. 15
Note that, since 2013-14, the total adoptions across the country has ranged between 3,500 to 4,500 adoptions per year.[16] As of June 2019, 6,971 orphaned, abandoned, or surrendered children were living in Specialised Adoption Agencies across the country.[17] Further, 1,706 children are residing in CCIs linked with such agencies. 17
Juveniles in conflict with law
Incidence of crime: Under the Indian Penal Code, 1860 (IPC), the minimum age at which any person can be charged for a crime is seven years. [18] The total number of children arrested rose from 33,642 in 2009 to 38,685 in 2019, an increase of 15%. Children in the 16-18 years’ age group account for majority of children arrested.[19] More than half of the children were arrested for offences such as theft, causing hurt, burglary, and riots.
Figure 1: Juveniles arrested by age group
Sources: Crime in India, 2009-2019, National Crime Records Bureau; PRS.
Figure 2: Types of crimes committed by juveniles (under IPC)
Note: Others include attempt to murder, fraud, blackmailing, dacoity, rash driving.
Sources: Crime in India, 2009-2019, National Crime Records Bureau; PRS.
Pendency: Pendency of cases of juveniles in conflict with law has increased over the years from 43% in 2009 to 51% in 2019 (Figure 3). 19 The total number of convictions decreased from 52% in 2009 to 43% in 2019, whereas acquittals remained below 10%. 19
Figure 3: Status of disposal of cases filed against children in conflict with law
Sources: Crime in India, 2009-2019, National Crime Records Bureau; PRS.
Table 2 compares juvenile justice laws of different countries on the basis of regulation of children in conflict with law and children in need of care and protection.
Table 2: Comparison of juvenile justice laws in various countries
Country
United Kingdom
South Africa
France
Canada
Germany
Australia
India
Minimum age at which juvenile can be charged for an offence
Case by case basis*
Seven years (Under Indian Penal Code, 1860)
Age at which juvenile can be tried as adult
If appearing before the Court after 18 years of age
Juvenile cannot be tried as an adult
If appearing before the Court after 18.5 years of age
Children between 16 to 18 years can be tried as adults
Penalty for juveniles treated as adults
Same as adults. No life imprisonment; no death penalty
Same as adults, on a case by case basis; life imprisonment allowed
Same as adults convicted of the same offence
If they are between 18 and 18.5 years, they will be sentenced as an adult if the offence is proven
Any sentence that can be imposed on an adult who has been convicted of the same offence
Gradation of offences
Least serious: including trespassing and public indecency;
More serious: including arson and culpable homicide;
Most serious: including treason and murder
Petty offences: fine up to 3,000 francs;
Misdemeanours: imprisonment of up to 10 years;
Felonies: maximum imprisonment of more than 10 years
Serious offences : maximum imprisonment of five years;
Violent offences : one which includes the element of causing bodily harm;
Serious violent offences : such as murder or its attempt
Less serious offences: minimum imprisonment lesser than one year; Serious offences: minimum imprisonment of more than one year
Serious offences : minimum imprisonment of one year
Petty offences : imprisonment of up to three years;
Serious offences : imprisonment between three and seven years
(The Bill adds that serious offences will also include offences where maximum punishment is imprisonment of more than seven years, and minimum punishment is not prescribed or is less than seven years);
Heinous offences : imprisonment of more than seven years
Authority giving adoption orders
Family Court or High Court
It differs across states, including Family Court, Supreme Court and Provincial Court.
District Court (The Bill changes this to district magistrate, including additional district magistrate)
Designated authority to try offences
Youth Court (Passed on to the Crown Court for more serious offences)
Petty offences: Magistrate;
Serious offences: Magistrate of First Class;
Heinous offences: Children’s Court
(The Bill changes this to Children’s Court for all offences)
*Minors over the age of 13 years are criminally responsible for their offences if they are able to understand their actions: French Penal Code, www.legifrance.gouv.fr/content/download/1957/13715/. /Code_33.pdf.
Sources: United Kingdom: Children and Young Persons Act, 1933; Adoption and Children Act, 2002; South Africa: Child Justice Act, 2008; Criminal Law Amendment Act, 1997; France: Children’s Rights- August 2007, The Library of Congress; Canada: Youth Criminal Justice Act, 2002; Adoption Act, 2013 (Newfoundland and Labrador); Child, Youth and Family Enhancement Act, 2000 (Alberta); Adoption Act, 1996 (British Colombia); Adoption Information Act, 1996 (Nova Scotia); Germany: Youth Courts Law; German Criminal Code; Australia : Children and Young People Act, 1999; Adoption Act, 1994; India: Juvenile Justice (Care and Protection of Children) Act, 2015; Indian Penal Code, 1860; PRS.
[1] . The Juvenile Justice (Care and Protection of Children) Act, 2015.
[2] . Convention on the Rights of the Child, https://www.unicef.org/child-rights-convention/convention-text ; United Nations Standard Minimum Rules for the Administration of Juvenile Justice, https://www.ohchr.org/documents/professionalinterest/beijingrules.pdf ; Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption, https://assets.hcch.net/docs/77e12f23-d3dc-4851-8f0b-050f71a16947.pdf .
[3] . The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021.
[4] . The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2018.
[6] . Adoption Statistics, Central Adoption Resource Authority, Ministry of Women and Child Development, last accessed on March 18, 2021, http://cara.nic.in/resource/adoption_Stattistics.html .
[8] . United States of America (governed by state specific laws): The Family Code, California, Division 13; The Revised Code of Washington Title 26, Chapter 33; United Kingdom: The Adoption and Children Act, 2002; Germany: The German Civil Code, 1900; France: The Napoleonic Code, 1804.
[9] . 264th Report on the Juvenile Justice (Care and Protection of Children) Bill, 2014, Standing Committee on Human Resource Development, February 25, 2015, https://prsindia.org/files/bills_acts/bills_parliament/SC_report-_Juvenile_justice_1.pdf .
[10] . A Quick Review of Status of Juvenile Justice System, Structures, Mechanisms, and Processes, National Legal Services Authority, January 2019, https://drive.google.com/file/d/1CktonWaSh5aGOrO4Oi14HuvpdqIECEaH/view .
[11] . Unstarred Question No. 2253, Ministry of Women and Child Development, September 23, 2020, http://164.100.24.220/loksabhaquestions/annex/174/AU2253.pdf .
[12] . Report of the Committee for Analysing Data of Mapping and Review Exercise of Child Care Institutions under the Juvenile Justice (Care and Protection of Children) Act, 2015 and Other Homes, constituted by the Ministry of Women and Child Development, September 6, 2018, https://wcd.nic.in/sites/default/files/CIF%20Report%201_0_0.pdf .
[16] . Adoption Statistics, website of Central Adoption Resource Authority, last accessed on June 7, 2021, http://cara.nic.in/resource/adoption_Stattistics.html .
[17] . Unstarred Question No. 1225, Ministry of Women and Child Development, June 28, 2019, http://164.100.24.220/loksabhaquestions/annex/171/AU1225.pdf .
[18] . Section 82, Indian Penal Code, 1860.
[19] . Juveniles in Conflict with Law, Crime in India 2019, National Crime Records Bureau, Ministry of Home Affairs.
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