SOCIO-LEGAL PROJECT

LAW135

THE INADEQUACIES OF IMPLEMENTING JUVENILE JUSTICE ACT

Submitted by-

Inderpreet Suman
11605106
L1601
BA.LLB (4th year)
 ACKNOWLEDGEMENTS

In our project, I had to take the help and guideline of some respected persons, who deserve our
greatest gratitude. The completion of this project gives us much Pleasure. We would like to show
our gratitude for giving us a good guideline for assignment throughout numerous consultations.
We would also like to expand our deepest gratitude to all those who have directly and indirectly
guided us in writing this project.
I have taken efforts in this project. However, it would not have been possible without the kind
support and help of many individuals.I would like to extend my sincere thanks to all of them. I
came to know about so many new things I am really thankful to them. Secondly i would also like
to thank my parents and friends who helped me a lot in finalizing this socio-legal project on the
inadequacies of implementation of juvenile justice act within the limited time frame.
 Title of the Project

THE INADEQUACIES OF IMPLEMENTING JUVENILE JUSTICE ACT

The researcher has conducted this socio-legal research study with the help of Empirical or Non–
Doctrinal Research Design.

This Research Design is used in order to find out the impact of the inadequacies in implementing
the Juvenile Justice Act and the effect of judicial decisions on the people and the society at large.
An overview of literature on the operations under the Children Acts reveals a wide gap between
the theory and practice of juvenile justice in India. Non-implementation, lack of resources,
inappropriate personnel, substandard services, and other problems, have been pointed out among
the causes for the unsatisfactory implementation1.

Problem of the Study

With the passing of JJ (C&P) Act, there are certain inadequacies in implementing the present
Juvenile Justice System. Some of them are stated below:-

 The Juvenile Justice Act does not have specific provisions for juveniles relating to
education, health, legal and social. In the absence of any adequate system of
identification of juvenile in need of care and protection, the scope and implementation of
this law becomes restricted.
 This Act failed to provide for procedural guarantees like right to counsel and right to
speedy trial.
 The resources and infrastructure required for the effective implementation of this law is
hardly proportionate to the population and geographical regions covered under it2.
 Children caught in the system are often helpless with little redressal. The children who
are being kept in Observation Homes or Special Homes are effected by the problems like
sexual abuse, drug abuse etc.

1
Beijing Rules 1985, United Nations Rules for the protection of Juveniles Deprived of their liberty 1990 etc.
2
K. S. Sharma, "Legal protection to children in India : Compulsive Need for an Integrated Approach," a Ph.D.
thesis, submitted to the PanjabUniversity, 1984 last visited on May 17, 2020
  The lack of institutional infrastructure and trained manpower in the states has defeated
the whole objective of this legislation. The requirement of constitution of Child Welfare
Committees and Juvenile Justice Board is largely remain unfulfilled resulting in the delay
of disposal of cases.
 There is no index of performance measurement of the institutions in the area of juvenile
justice. Therefore, there is no way of knowing the quality of performance of these
institutions of juvenile justice3.
 There are number of incidences violating the procedure of handling of juveniles by the
police. It is due to their insufficient training in handling of Juveniles in conflict with law.
 The basic idea of juvenile justice was to reintegrate the child into family and society. This
needs a proper network of rehabilitation and after care services. Unfortunately, this
arrangement is almost non-existing in Juvenile Justice System.

Rationale of the Study

Juvenile justice has been given some shape with Juvenile Justice (Care and Protection of
Children) Act 2000. Persons dealing with children need to sensitize themselves with this Act.
One needs to know the provisions made, to understand whether it is being properly implemented.
Only on observing it being implemented, can one get insight into the problems inherent in it, and
if one knows the problems, one can suggest improvements in the Act. Even if the law gives
adequate guidelines, institutions are still needed to look after the children in distress or children
in conflict with law.
Review of Literature

There are several research articles published in this field by various Indian researchers from the
disciplines of Sociology, Social Work, Psychology and Law. Almost all leading Indian research
journals publish such articles; while major contribution is found in Indian Journal.

Amati B.H (1975) on juvenile delinquency and police, family as a sociological survey

3
Dr. B.K. Das, Juvenile Justice in India & POCSO Act-2012 2nd Edition 2014 & Dr. P.K. Singh, IBR, xxxi (3&4)
2004 at – 115-116 and Dr. G.S. Sharma, IBR, xxxi (3&4) 2004, P.447.
In India, the acts constituting offences prescribed for the adults and juveniles are the same, there
is a vast difference regarding jurisdiction of courts and the procedure to be followed. The
juveniles are tried before the J.J.Boards which alone have exclusive jurisdiction and these boards
have to function in accordance with the special procedure and practice laid down in the act
because in India4, we think of delinquents as children in need, rather than as offender.

Justice V. K. Krishna Iyer (1994) wrote on jurisprudence of juvenile justice

Although certain institutional and support services have been provided under the Juvenile Justice
Act, 1986, still a big gap is felt in administrative machinery required to properly implement the
Juvenile Justice Act and other allied laws and provisions on child-care. It is regrettable that the
conceptual advances made in the philosophy of juvenile justice and child-care and welfare have
not found their reflection even in the recent juvenile legislation in India5.

Research Design

The data needed for the present study was collected both from primary and secondary sources.
Primary data was collected through a structured questionnaire framed for the purpose. The
questionnaire consists of information about the basic understanding of general public about the
juvenile law in India. To study about that whether the Act has failed to provide for procedural
guarantees like right to speedy trial. Though the Act provides for time frame for conclusion of
the trial but it is observed that a number of cases are still pending in the courts for years.

Objectives of the Study

The general objective of the research work is to study the spatiotemporal changes in juvenile
delinquency.
The objectives in particular are listed below -
 To study the different causes of juvenile delinquency in India.
 To study the delinquency characteristics and differences among boys and girls separately.
 To study the legal control and judicial responses to juvenile delinquency in this state.

4
. Kohlberg, L – Child psychology and child Education: A cognitive development view, 1987, New York, Longman
5
The Juvenile Justice Act, 1986. last visited on May 17, 2020
  To study the day to day functioning of the major correctional institutes of juvenile
delinquency.
 To assess the reliability of various after care programmes and rehabilitation procedure in
the state
Theoretical Background

In the last few decades, the crime rate by the children under the age of 16 years has increased.
The reason of increasing crime rate is may be due to the upbringing environment of the child,
economic conditions, lack of education and the parental care. These are the some of the basic
reasons. And the most disappointing part is that, children (especially under the age group of 5 to
7 years) nowadays are used as tool for committing the crime as at that this stage their mind is
very innocent and can easily be manipulated.

It was the principal law which required that youngsters between the ages of 10- 18 sentenced in
Courts, to be given professional preparing as a major aspect of their restoration procedure 1897 –
Reformatory school Act, Under the Act, the court could confine delinquents in a reformatory
school for a time of two to seven years yet after they had achieved the age of eighteen years, the
court would not keep them in such organizations. 1920 – Madras Children Act, The Juvenile
Court theory was first presented in the Madras Children Act 1920, (trailed by the Bengal
Children Act (1922) and the Bombay Children Act (1924), from that point by numerous other
Children Acts). 1923 – Amendment in Criminal Procedure Code, the Criminal methodology
code (Cr.P.C) was corrected to give a unique system to settling criminal cases concerning guilty
parties. 1960 – The Children Act, The youngster‟s demonstration was passed to work as a model
enactment and for use in association domains. This Act built up particular Child Welfare Boards
to deal with cases identifying with dismissed kids. It likewise made the situation of a post-trial
agent who could "prompt and help dismissed or reprobate children."

The JJA despite being a remarkable legislation in the field of juvenile justice, failed at various
levels to fulfill the aims and goals of ensuring special care and protection to juvenile delinquents.
Therefore, a committee was appointed under the chairmanship of Justice Krishna Iyer to prepare
a children code. This committee prepared the Code Bill 20006.

The National Human Rights Commission (NHRC) is a self-ruling body to check the
advancement and assurance of human rights in India. Since the beginning of National Human
Rights Commission, the predicament of adolescents who come in class of contention with law
and kids who need care and assurance was their worry. The National Human Rights Commission
screens the grievances against youngsters; Projects and Programs Division and arrangement
making and usage of the strategies at the national level. It likewise contemplating and
prescribing powerful use of those universal instruments which fundamental for development of
general working of the adolescent equity framework in India.

Legislative Response

Aftermath of Nirbhaya Case:

Today (After Nirbhaya case) many people are aware that a separate Justice System exists for
Juveniles. Many people are not yet aware how JJS works. After the incidence of Nirbhaya people
turned sentimental and expressed their hostile attitude towards the decision of court. They
demanded death sentence for the child involved in Nirbhaya case. There was up roaring in
parliament and the new law (Juvenile Justice Care and protection of children 2015) came into
existence in India. It is a comprehensive provision for children alleged and found to be in
conflict with the law. It also deals with children in need of care and protection. This law is
enacted taking into consideration of conventions of Rights of the child and other related
international instruments. The government of India acceded the convention of Rights of the
Child (CRC) on 11 Dec.1992. The constitution of India empowers and cast duty on the state to
ensure that their minimum requirements are met and their basic human rights are fully protected.
The state intended to upkeep the principle adopted in the constitution. According to the
international treaties and constitutional parameters, it is responsibility of the state to treat the
children with all softness and for the best interest of the child. However, there is a strong public
demand for harsher punishment for youths who commit adult crime i.e. serious crimes like

6
Committee on Human Resource Development, Rajya Sabha, The Juvenile Justice (Care & Protection of Children)
Bill, 2014 at 8
murder, rape, robbery, dacoit etc. Such youths should be punished like adults. Of course, there is
inflammatory rhetoric about youth crimes and there is increased public cynicism about the
present JJS. Since the adoption our constitution a lot of efforts were made to understand the
philosophy of the JJS and accordingly various laws were enacted. But all the efforts are half-
hearted and need serious consideration. The stakeholders of Juvenile Justice Administration must
take note of the serious conditions that prevail in our JJS. Intellectuals criticize about the poorly
conceived policies and squandering of huge precious resources. The main criticism is the poorly
treatment process and poor infrastructure. It needs viable response from all quarters.

Development of Juvenile Justice System:

The Juvenile Justice System developed throughout the world with a conception that, children are
not mature like adult. They failed to understand the nature and consequence of their acts. This
idea is based on the legal „principle of DOLI INCAPAX‟ i.e. child do not have capacity to form
criminal intention. Therefore, a child cannot be made liable for acts which are illegal. An adult is
commonly understood to mean a person who has reached maturity of mind. In the psychological
perception, a person is mature „who possesses certain skills that are the product of both cognitive
development and the nature of the person‟s interactions with his or her environment. According
to Jean Piaget – „the ability to understand and interpret his or her world proceeds in a series of
stages, beginning with sensimotor period, which lasts roughly from birth until age 2 and ending
with the formal operations period, which lasts from roughly age 11 through adulthood. During
this period, the child is able to understand and interpret the world differently because of his or
her ability to engage in more abstract thought.

In addition, the development of the child‟s cognitive abilities is, to some extent, influenced by
the in child‟s environment. Legislative authorities adopted this principles different Acts. It is to
be noted that there is no general consensus about the definition of youth and child. Different
statute have different mandate in the matter of age or attaining adulthood. There is policy shift in
the new Juvenile Justice legislation. It is very progressive Act, designed to adopt the philosophy
of parents‟ patria and prescribe institutionalized care/protection. The only shift witnessed is to
punishing delinquents involved in case serious offence. JJS is adopting policy for the reformation
 and socialization of the young person and punishment is an exception. JJS is essentially different
from ordinary criminal courts, adopting informal hearing.

Principles of Juvenile Justice Act, 2015:

Juvenile Justice Act 2000 is replaced by JJ Act 2015, with a view to update JJS in accordance
with the International conventions and present social development. The new Act under lying
following basic principles7:-

1. Presumption of innocence.
2. Principles of dignity and worth.
3. Principles of participation with due regard to maturity.
4. Principles of best interest of the child.
5. Principles of family responsibility to take care.
6. Principles of ensuring safety without my abuse of the child.
7. Positive measures for wellbeing and development of child.
8. Principles of non-accusatory or non-stigmatizing semantics.
9. Principles of non-waiver of rights.
10. Principles of equality and non-discrimination.
11. Principles of right to privacy and confidentiality
12. Principles of institutionalization should be last resort.
13. Principles of Repatriation and restoration.
14. Principles of fresh start-erasing of past records.
15. Principles of diversion (without resorting to judicial proceedings)
16. Principles of natural justice.

Constitutional Provisions Post Independence, the constitutional provisions have encouraged the
developments in the field of juvenile justice system in India. Part III and Part IV of the
constitution of India which deal with “Fundamental Rights” and “Directive Principles of State

7
Juvenile Justice (Care and Protection of Children) Act, 2015
Policy” respectively and contain special provisions with respect to care and protection of the
children8.
Article 15 (3): It allows the State to make special provisions for children and women.
Article 21-A: The state shall provide free and compulsory education to all children of the age of
six to fourteen years. Article 23: Prohibits the traffic in human beings and forced labour.
Article 24: Prohibits the employment of children below and the age of fourteen years in
factories, mines and other hazardous employments.
Article 39(e): It directs the State to safeguard the tender age of children from entering into
avocations unsuited to their age or strength.
Article 39(f): Directs the State to give opportunities and facilities for the healthy development of
children and to protect childhood and youth against exploitation and moral and material
abandonment.
Article 45: The State provides early childhood care and education to children below the age of
six years.
Article 47: It is the duty of the state to raise level of nutrition and standard of living and to
improve health.
Criminal Justice (Reformative or Punitive) and Juvenile Adolescent Justice is a legitimate
structure which characterizes equity for adolescent under the Indian Legal System. The
framework is giving an extraordinary treatment and security to adolescent wrongdoing .Juvenile
Delinquency implies a wrongdoing submitted by youth who is younger than 18 years. At
introduce, everybody realizes that there is an expanding rate of adolescent violations and this
expanding rate is making a begging to be proven wrong issue of age assurance.

Judicial Approach
 A 3 decide Bench call of Supreme Court just in case of Umesh Chandra vs. State of
Rajasthan9, control that: - “As regards the final relevancy of the Act, we tend to are
clearly of the read that the relevant date for the relevancy of the Act is that the date on
that the offence takes place. Juveniles Act was enacted to shield young kids from the
implications of their criminal acts on the footing that their mind at that age couldn't be
8
Dr. Bikram Kumar Das (2016), Juvenile Justice System in India, Indian Journal of Research, Volume-5, Issue-5,
p.1
9
1995 SCC (1) 14, JT 1994 (7) 183.
 aforementioned to be mature for imputing men‟s space as within the case of associate
adult. His being the intendment of the Act, a transparent finding has got to be recorded
that the relevant date for relevancy of the Act is that the date on that the offence takes
place. We are clearly of the read that the relevant date for relevancy of the Act up to now
as age of the defendant, United Nations agency claims to be a toddler, worries, is that the
date of the prevalence and not the date of the trial.”
 In 2000 there seemed to be a shift within the read of the Hon‟ble Supreme Court it
discovered within the case of Anita Das Vs. State of province10, that: “So much because
the gift context worries we tend to are clear in our mind that the crucial date of crucial the
question whether or not someone may be a juvenile is that the date once he's brought
before the competent authority”.
 This important issue was another time thought of by a 5 decide Bench just in case of
Pratap Singh Vs. State of Jharkhand11 and it absolutely was control that the reckoning
date for the determination of the age of the juvenile is that the date of the offence and not
the date once he's made before the authority or within the court”.
 Navin Pawar v Stat12e chance of repetition of crime isn't any ground to reject bail.
 Gurudev v State13 Custody of kid bimanual over to father United Nations agency was a
govt. servant not withstanding rejection of bail by lower courts on the bottom of ethical,
physical or psychological danger. Master Abhishek v State what's going to quantity to
“defeating the ends of justice.”
 Shashi Immanuel Kant Saini v State14, the observations in created in SIR is a fabric
thought for grant of bail.
Case Study

The Juvenile Rape Case

December night in Delhi, Nirbhaya and her friend were returning from a movie theatre, they
were waiting for a bus. One of the would-be culprits convinced them to get on an empty bus with

10
1982 AIR 1473, 1983 SCR (1) 456
11
Arnit Das V. state of Bihar(1989)
12
1999 SCC (1) 14, JT 1996 (7) 183.
13
Text book on Indian Penal Code by K.D.Gaur Universal Law Publishing Co Ltd, 2013.
14
1995 SCC (1) 14, JT 1994 (7) 183.
tinted windows. They were assaulted by six males, one of whom was a minor, aged 17.The
friend, when he tried to protect Nirbhaya, was beaten up by the perpetrators. Nirbhaya was not
just sexually violated; her body was mutilated beyond human imagination. Her intestines were
pulled out, and private parts mutilated. She later died of multiple organ failure, internal bleeding
and cardiac arrest on the 29th of December15.

Issues
Whether juvenile (18 less) was also liable for Capital Punishment or not?

The juvenile was a 17-year-old who was sent to a three-year-long reform as this was the
maximum punishment permitted to the minor. He belonged to UP and came to Delhi when he
was 11 years old. Belonging to a poor family, he arrived in Delhi in the hope of earning some
livelihood. He was released from jail and given a new identity which no one knows16.

Judgement of case-
The Supreme Court has affirmed capital punishment for four convicts in the posse assault and
merciless murder of a 23-year-old therapeutic understudy on a moving transport in Delhi on
December 16, 2012. The four men - Akshay Thakur, Vinay Sharma, Pawan Gupta and Mukesh-
Had bid in the best court after the High Court decided that they ought to be hanged. The
guardians of the young ladies, who came to be called "Nirbhaya" or daring, were available in
court today when They evens pulled out her intestine and along with this they inserted an iron in
her private party. Three-judge seat headed by Justice Deepak Misra articulated decision.
Akshay Thakur, Vinay Sharma, Pawan Gupta and Mukesh were given capital punishment in the
case.

Critical Analysis
According to my perception such rape cases must be acknowledged with strict punishment. In
case of rape the person who is accused to conduct rape must be punished with capital punishment
i.e. they must be hanged till death. Such punishment must be provided to all rape accused

15
Dr. Bikram Kumar Das (2016), Juvenile Justice System in India, Indian Journal of Research, Volume-5, Issue-5,
16
Gulati, Monish. 2013. “Nirbhaya -- One Year On-Public Safety Issues in India.” SSRN Electronic Journal.
https://doi.org/10.2139/ssrn.2373514.
whether the rape conducted by the way of small ambit or of large, because only after such
punishments rape cases can be reduced to an extreme level. The cases where small punishments
like imprisonment is provided to rape accused has not at all brought even a small change in the
number of rape case, over that the number of rape cases has been rapidly increasing day by day
on a wide extent17.

Analysis and Interpretation

This survey was conducted by the researcher, with the help of the general public in order to
investigate the issues related to the inadequacies to implementation of juvenile justice act. The
results of the survey were planned to be used to inform to the general public about the current
condition of juveniles law in India. The researcher also focus on the brutal Delhi gang rape case
has bought forth a new aspect of criminality that India‟s justice system needs to address urgently.
One of the accused, as per police record and, according to reports, the most aggressive of the lot
who brutalized the young girl, is a minor of 17 years. Reports have shown that it was the minor
who first lured the unsuspecting victims into the bus and that he was the most aggressive in the
repeated rape of the victim.

The overall the survey found that there is a need of public awareness regarding the rights of
children. The researcher also studies about the famous juvenile rape case, that in the Delhi rapist,
even if one were to say that the boy needs to be rehabilitated and that perhaps the reason for his
barbaric and animalistic act was a deep-rooted psychological problem, there is no assurance that
the issue can be dealt with in three years. Of course, the absolute lack of implementation of the
provisions of the JJ Act after a juvenile completes his sentence is another concern. India's
massive population makes it impossible to track and ensure that a juvenile once released
continues with his therapy or even reports regularly to his parole officer.

The questionnaire was design for the general public for the collection of data that whether they
aware about the socio-legal issue of juvenile justice in India. The responses of questionnaire are
attached with the project as Annexure.

During the survey the first question before the public is whether they know about the Juvenile
Justice Act mean total participants in this survey were 154 out of which 35.1% people believe
17
Section 2 (k) of the Juvenile Justice Act, 2000
that juvenile justice act mean that it is intense controversy, debates and protests on many
provisions of rights of the child. Whereas 33.8% states it is the focus on the interrelation aspects
of the juvenile delinquency 25.3% gives correct answer only that is it is handling of child
criminal with due care and protection.so, Here I concluded in this survey was that even the
general public doesn‟t knew about the juvenile justice in general the 5.8% participants response
with selecting don‟t know option. But here the question before us is if the Juvenile
court proceedings were closed to the public and public does not know about the juvenile laws
then how the juvenile crime reduces in India. There is always lack of proper implications of
juvenile justice act in India.

In another question the total 154 participant‟s give response in the second question of survey.
The data shows that the general public knows about that there are various acts which tackle the
problem of juvenile delinquency in India. But question before the public is whether these acts
or laws are sufficient to deal with juvenile delinquency in India. The data states that about
25.3% states that they were strongly agree with the above the laws were sufficient in India
which tackle the problems of juvenile delinquency. Whereas 26% response neutral.which
clearly shows that people were unaware about the current adequacies to implementation of
juvenile justice act. The problem of the Juvenile Justice Act was that it does not have specific
provisions for juveniles relating to education, health, legal and social. In the absence of any
adequate system of identification of juvenile in need of care and protection, the scope and
implementation of this law becomes restricted. The question was also related with the same issue
that whether the law executing agencies properly executing the law in favour of the juvenile
delinquents, the 45.5% participants gives correct answer stated that no, act does not provides
properly executing the law in favour of the juvenile delinquents because this Act failed to
provide for procedural guarantees like right to counsel and right to speedy trial.

As the researcher also study about the landmark juvenile rape case, the research put question
before the general public whether the general public know about the Nirbhaya rape case, in
which one accused is juvenile, and his age when he was committed this crime. About 65.1%
give correct response that the age of juvenile was between 16-18 years. This shows that public
is aware about the landmark case of Nirbhaya case. After this case the real reforms seem in
juvenile justice act, in this case the juvenile was a 17-year-old who was sent to a three-year-long
reform as this was the maximum punishment permitted to the minor. He belonged to UP and
came to Delhi when he was 11 years old. Belonging to a poor family, he arrived in Delhi in the
hope of earning some livelihood. He was released from jail and given a new identity which no
one knows. And the another question which was put by the researcher was that do you heard
about the recent amendments to the Juvenile Justice (Care and Protection of Children) Act, the
participants about 61.2 % gives totally negatively response that they did not knew about any
the recent amendments to the Juvenile Justice (Care and Protection of Children) Act.

One of the objectives of this research was to do the comparative analysis of the position of
juvenile justice. The researcher also collects the data about should capital punishment or death
sentence given to the juvenile offenders, the participants about 61.2 % gives totally negatively
response that It is true that the frontal lobe (the part of the brain that controls reason) in our brain
is last developed, but it continues to develop until 20s (should we also abolish capital punishment
for them?), undeveloped is just rise the possibility of impulse. But psychology also told us that
after 16 years old (some early as 12) we enter what called post-conventional morality stage, that
is the stage we think problem as "adult". Even before that stage we could still distinguish right or
wrong. Kill others is no doubt to be huge wrong. The other concern maybe-justice system can
made mistakes, and death is irretrievable. However I did some research, since 1976, there are
only 22 juveniles get death penalty, 21 are 17, and 1 is 16 years old. They only get executed not
until 24 years old. This means government got time to figure out if they made mistakes.

Have death penalty not means apply to everyone. It is only used in some very terrible cases.
Another issue I want to mention is jail is not a good place to learn, they (some extreme children)
are more likely to get somewhat problems in mental, and even they return to society after
decades, they are hard to integrate into society, and likely to do something illegal. One problem
for death penalty is color people have 4 times higher possibility than white people to get serious
punishment even they made same criminal. It is needed to be change.

Major Findings
As described earlier, the present study poses certain problems which have been formulated and
the findings of the study are as follows-
  The Act has failed to provide for procedural guarantees like right to speedy trial. Though
the Act provides for time frame for conclusion of the trial but it is observed that a number
of cases are still pending in the courts for years.
 The Act of 2000 is silent on inter-country adoption. Linkage between Juvenile Justice
Act, 2000 and other legal provisions relating to child labour, primary education, sexual
abuse, adoption, disabilities, health etc. is missing.
 No obligation has been cast on the part of the state in the Act on account of which a right
based perspective is missing in the Act. So whatever in the name of protection is given to
the child is not seen as a right but a charity or welfare. There is no specific provision
ensuring services for children relating to education, health, legal and social. Even
identification of the 'juvenile in need of care and protection' is not done for want of
proper mechanism.

Limitations of the Study

The analysis and the findings call for further and detailed study of, a number of aspects of the
study in the future, and some of these aspects invite a discussion here. However, this study
confined its discussion to aspects that emanate directly from our analysis. There are other issues
that need to be recognised that are germane in the juvenile setting. Commentators have pointed
to the deficiencies that young people in the justice system may have with oral communication,
such as formulating a „coherent account of events‟ relating to their own offending. Finally, it is
true that juveniles have the benefit of recalling events that have generally occurred recently
compared with the events recalled by adult offenders. On the other hand, commentators have
underscored some of the difficulties caused by immature cognitive, moral and social
development when young people analyse their own criminal behaviour

Conclusion
In brief, it can be said that juvenile justice system in India has gained momentum. Attitude and
perception towards Child Rights needs a change. On the legislative side a lot of work has been
done in India but implementation part still requires improvement. The law enacted requires to be
effectively implemented to achieve the desired goal of welfare of the children. The society must
encourage children's participation in matters affecting their rights as services to the children are
no longer a charity. The judiciary has played an appreciable role and contributed a lot in proper
and beneficial implementation of the juvenile justice legislation by interpreting the provisions of
Juvenile Justice Acts so as to provide maximum benefit and relief to the maximum number of the
juveniles covered under the beneficial and favourable legislation. A good intended legislation,
properly and sincerely implemented and visionary interpreted, can significantly reverse the crime
trends in the juveniles.
Suggestions

The analysis and the findings and detailed study of, a number of aspects of the study in the
Inadequacies of Implementing Juvenile Justice Act, the researcher wants to give some
suggestions on the outcomes from the survey data analysis-

 As referred in section 4 of the Act, a special training programme must be prepared and
the officers of the Board including the Principal Magistrate should be given training of
child psychology and child welfare.
 Video linking of the homes should be provided for children to facilitate inspection and
supervision by the Board to keep a check on anything done against the best interest of the
child.
 For giving good services to the juvenile and the parents of the child, they should be
treated psychologically in consultation with a psychiatric. For the same, a psychologist
and one social worker, who has awareness of the relevant law, must be appointed in the
Juvenile Justice Board.
 At least one of the two social workers in a Board should be a person with a minimum
qualification of law degree.
 Ambience of the place where the Board holds enquiry should be child friendly. Wearing
of black coats, using raised platforms or Dias etc. should be avoided. Practice of making
the juvenile stand in front of the Board should be stopped. The child must be made
comfortable and feel free from fear of any person. Sittings can be held by the Board in
the observation homes.
 Questionnaire

 What does Juvenile Justice Act mean?

 Are the various Child Acts sufficient to tackle the problem of juvenile delinquency in
India?
 Are the law executing agencies properly executing the law in favour of the juvenile
delinquents?
 Is it dangerous to club the juvenile delinquent with the hardcore criminal, if separated
what physiological, mental changes are likely to flow?
 Is the concept of rehabilitation and reformative measures reality or hypothecation?
 Do you think juvenile delinquency is a problem in today's society?
 What do you think is a cause for juvenile delinquency?
 What do you think the best solution would be for helping a juvenile delinquent?
 Whether the Supreme Court has to a considerable point succeeded to make the real
objectives of the various Acts in reforming the juvenile delinquent in India?
 Should capital punishment or death sentence given to the juvenile offenders?
 Do you heard about the recent amendments to the Juvenile Justice (Care and Protection
of Children) Act?
 Do you know about the Nirbhaya rape case, in which one accused is juvenile age
between 16-18 years?
 154 responses
Accepting responses

Summary Question Individual

what does Juvenile Justice Act mean?

154 responses

It focuses on the twin

35.1% interrelated aspects of
juvenile delinquency
handling of children in
need of care and
5.8% protection.
intense controversy,
25.3% debate and protest on
many of its provisions
by Child Rights
fraternity.
33.8%
Don't know

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 Are the various Child Acts su!cient to tackle the problem of juvenile
delinquency in India?
154 responses

Strongly disagree
Disagree
26% 15.6% Neutral
Agree
Strongly agree
7.1%

26% 25.3%

Are the law executing agencies properly executing the law in favour of the
juvenile delinquents?
154 responses

Yes
No
26% Maybe

47.4%

26.6%

Untitled form
Questions Responses 154

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 Is it dangerous to club the juvenile delinquent with the hardcore criminal, if
separated what physiological, mental changes are likely to "ow?
153 responses

it will effect juvenile

delinquent
24.8%
physiological and
metally
yes
7.2% no
36.6% Dont know

31.4%

Is the concept of rehabilitation and reformative measures

154 responses

a reality
56.5% a hypothecation

43.5%

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 Do you think juvenile delinquency is a problem in today's society?
154 responses

Yes
No
29.9% Maybe

51.3%
18.8%

What do you think is a cause for juvenile delinquency?

154 responses

Parental Neglect
Negative Social
16.2% Situations
26%
Poverty
Poor Education
8.4%
other

16.9%

32.5%

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Page 4 of 7
 What do you think the best solution would be for helping a juvenile
delinquent?
153 responses

Boot camp
20.9% detention Family
counselling/therapy
others
13.1%

48.4% 17.6%

Whether the Supreme Cou# has to a considerable point succeeded to make

the real objectives of the various Acts in reforming the juvenile delinquent in
India?
154 responses

agree
56.5% Disagree

43.5%

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 Should capital punishment or death sentence given to the juvenile
o$enders?
154 responses

No
Yes
29.2% May be

49.4%

21.4%

Do you heard about the recent amendments to the Juvenile Justice (Care
and Protection of Children) Act?
152 responses

yes
No
Maybe

61.2% 13.8%

25%

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 Do you know about about the Nirbhaya rape case, in which one accused is
juvenile age between ?
153 responses

15 years
16-18 years
above 20

16.3%

64.1%

19.6%

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