STUDY ON ROLE OF JUVENILE JUSTICE SYSTEM IN INDIA

AUTHOR
R Deepak
1320011112
BA.LLB (HONS)3ST YEAR
SAVEETHA SCHOOL OF LAW
SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES(SIMATS)
CHENNAI 600077
Mail ID :deepakramkey890 @ gmail.com
Phone no:9500696646

STUDY ON ROLE OF JUVENILE JUSTICE SYSTEM IN INDIA

AUTHOR R.Deepak1
CO AUTHORMr.R. CHANDRASEKAR2

1 R Deepak(132001112)BA.LLB (HONS)1ST YEARSAVEETHA SCHOOL OF LAW,SAVEETHA

INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES(SIMATS) CHENNAI 600077Mail
ID :deepakramkey890 @ gmail.comPhone no:9500696646
2 Mr,R. CHANDRASEKARAssistant professor ,Saveetha school of LawSaveetha Institute of Medical and
TechnicalSciences(SIMATS),SaveethaUniversity,Chennai600077.Email: [email protected]
Contact-9080967070
ABSTRACT:
Juvenile is a child who has not attended 18 years. The team juvenile was derived from the
latin word ”juvenis ” which means young. This word was established for the yought. Juvenile
justice system started to grow and changed in 1899. The methodology of the study is
empirical research and the sampling method is convenient sampling. The study sample size is
203 and the frame of the sample is chennai, tamil nadu. The major objective of the study is
does India have an effective juvenile justice system. The findings of the study is that 25.12%
of the respondents agreed that the cause of juvenile delinquency is poor education. The
suggestion of the study is that the moriting the behaviour of the students in the classroom as
well in the home may help the students. I conclude that the study is made for the purpose of
getting people to know about juvenile delinquency and moreover equality plays a major role
to reduce the delinquency.If a person does not have education knowledge but has moral
knowledge it will help the person to grow because moral knowledge is more important than
education knowledge.There are some comparisons with other countries. Juvenile delinquency
is not only happening in India but also all over the world. Today youth are also involved in
crime which have brought an unnatural impact to the society. India and Belgium have
recorded as the best juvenile justice system which is tops in the list of CRIN reports across
the world. The lowest age for delinquency in the US is 6 years. For England and Canada the
minimum age for delinquency is 10 to 12 years.The suggestion of the study is that the
moriting the behavior of the students in the classroom as well in the home may help the
students.
KEYWORDS :
Juvenile court, juvenile delinquency, juvenis, juvenile justice, violence.
INTRODUCTION:

Juvenile is a child who has not attended 18 years. The team juvenile was derived from the
Latin word ”juvenis ” which means young. This word was established for the yought.
Juvenile justice system started to grow and changed since 1899. There are specific laws
related to juveniles in the 18th and 19th century. There are 5 periods in juvenile justice
history where the 1st period started in 1646 which is known as puritan period. The 2nd period
was known as the refuge period, 3rd as the juvenile court period, the 4th as the juvenile rights
period and the 5th as the crime control period. The period where the juvenile was punished
started in the 18th and. 19th centuries.There are initiatives taken by the government of India
for juvenile delinquency. The need for juvenile justice system was started after the delhi rape.
After the rape case india started to amnend the old juvenile act. Juvenile justice(care and
protection of children)act, 2000 this act was amended in 2006 and 2010. The juvenile justice
bill was passed in the parliament of india. Government treated the juvenile as a person who is
below the age of 18. After the Nirbhaya case the government of India had passed the law
related to juvenile delinquency where the age of major for boys is considered to be 16 years.
The national educational council had changed a few things in the books of the students in
high school and higher secondary and started to establish subjects related to gender
sensitization.There are some factors which affect the juvenile justice system.The first factor
which affects the juvenile justice system is poor school attendance; this factor contributes to a
large Delinquency failure. While going to school and attending the classes will help the
student to know the social norms and also it will help in to learn morality. The second thing
which affects the juvenile justice system is poor educational standards. This factor also makes
the largest contribution in delinquency violence. The child is subject to violence because of
the poor education. The violence in society circles will also tend to move them in
delinquency. If a person does not have education knowledge but has moral knowledge it will
help the person to grow because moral knowledge is more important than education
knowledge.There are some comparisons with other countries. Juvenile delinquency is not
only happening in India but also all over the world. Today youth are also involved in crime
which have brought an unnatural impact to the society. India and Belgium have recorded as
the best juvenile justice system which is tops in the list of CRIN reports across the world. The
lowest age for delinquency in the US is 6 years. For England and Canada the minimum age
for delinquency is 10 to 12 years. The aim of the study is to find the effectiveness of the
juvenile justice system in India.

OBJECTIVE:

To analyse how to stop juvenile delinquency.

To analyse the causes of juvenile delinquency.

To examine whether india has effective juvenile justice system.

To examine the ways to reduce juvenile delinquency.

REVIEW OF LITERATURES:

(Narang et al. 2018), has conducted research on Indian overall set of laws and legal
executive has reacted to these patterns and has gotten a few revisions to the laws relating to
adolescent equity in India. This paper targets checking out the reasons for adolescent
wrongdoing and clarifications given by researchers from different fields to clarify the issue.
(Snehal et al. 2021)has conducted research on the juvenile justice system. The research
examined the mental health of the children and also examined the role of the MHP. The aim
of the study is to highlight the impacts of the MHP and also important aspects of this study is
to the mental health of juveniles. (Smith et al. 2015) has conducted research on the causes of
juvenile delinquency. The researcher had viewed delinquency as a psychosocial problem
that's getting an inchmeal complex in a developing country like India. (Narang et al. 2018;
McShane and Williams 2002), has conducted research on the reported high rates of
incidence. The researcher has concluded that routinely performance of trauma on youth at
their earliest point of contact with the juvenile justice system. The research contains 58
references.(McShane and Williams 2002)has conducted research on rights of juveniles. The
research has a discussion of aspects of the dispositional process focused on disposition hail
and procedures, belated children, children in need of supervision, abandoned and neglected
children, duration of commitment, right to treatment, transfer to a correcting institution, and
inquest and parole calling. (Whitcher and Gonzales 1998)has conducted research on female
juvenile delinquency. This study of juvenile delinquency has concentrated primarily on
conduct complaint and aggression in males, while little attention has been paid to ladies who
commit behindhand acts.(Törnqvist and Jacobs 1988) has conducted research on the
adolescent development and juvenile justice system. This research has a review that begins
with a brief overview of the history, explanation, and workings of the American whelp justice
system. The searcher has separated it as cognitive, and psychosocial development in
adolescence.(Feng et al. 2015) has conducted research on the juvenile delinquency and
system in china. The study lays out an outline about the violentes committed by the juveniles.
The research has a study on the development of legislation for juvenile delinquency. (Kakar
and Kakar 2015)has conducted research on the juvenile system in india. The study has
divided the history of the juvenile and viewed the perspectives of the legislation of india. The
research also studies the effectiveness of the culture in India and the impact on delinquency.
(Chesney-Lind and Chagnon 2015)has conducted research on the gender and delinquency
of the male. The study had mainly focused on the delinquency of the male.the study also had
an historical roots to understand for the criminology of boys who commit crime.B.Jain and
Preeti(2014)background and goals. The children’s rights movement in India is relatively
recent and the juvenile justice system is a young one. This article aims to provide an
introduction to the juvenile justice system in India and to discuss the challenges present
before it and the recent initiatives taken to address those challenges.Kethineni (2000)This
article examines changes in the juvenile justice system after passage of the comprehensive
Juvenile Justice Act (1986) and the impact those changes have had on juvenile offenders in
India. Specifically, this study examines how changes in the juvenile justice system impacted
the types of cases brought before the juvenile courts and the types of dispositions imposed on
delinquent children. Data were collected from court records in the Southern state of Tamil
Nadu, India, from January 1983 to November 1997.Vazsonyi(2010)Findings on
disproportionate minority contact remain mixed. Few empirical studies have examined to
what extent entry risk into juvenile justice varies across ethnic/racial groups, and to what
extent childhood aggressive behaviors foretell later deviance and entry risk. In the current
study, we sought to address these shortcomings by implementing a survival analysis on a
representative sample of youth followed from age 8 to 18.Mitra (1988)The first chapter
discusses the definition of juvenile delinquency from both the legal and social approaches.
The history of discriminatory treatment in various legal systems in India is reviewed. The
second chapter describes the age factor in delinquent behavior, followed by an examination
of delinquency causation. The trilogy of the juvenile justice system -- law, procedure, and
treatment -- is covered. This book describes the structure of the Indian juvenile justice
system, its proceedings, and its approach toward punishment and treatment. A separate
chapter discusses non-institutional corrections. Finally, the text of the Juvenile Justice Act,
1986, is provided. Mishra , Biranchi Narayan (1991)Juvenile delinquency is a serious
problem and a social malady for Indian society because adult criminality stems from juvenile
delinquency. Parents, teachers, the police, medical officers, psychiatrists, and social workers
have expressed their concern over the significant increase in the misbehavior of children. The
author looks at possible causes of juvenile delinquency and at juvenile delinquents'
perceptions of themselves and their families, environments, and law breaking. He views
delinquency as a psychosocial problem that is becoming increasingly complex in a
developing country like India. In addition, he reports on a study of the juvenile jail in Angul,
Orissa. Book chapters focus on theories and causes of juvenile delinquency and on the
prevention and treatment of juvenile delinquency. India's juvenile justice system is described,
along with related legislation. The findings of a case study of juvenile delinquency are
presented. Hartjen, Clayton A (1995) In1986 India's parliament passed the Juvenile Justice
Act 1986, nationalizing and standardizing juvenile justice throughout India. This law, which
departs radically from former practices, is described in the present article, and data regarding
arrests and dispositions before and after passage of the law are examined to assess what, if
any, impact this major legal change might have on formal responses to youthful offenders.
The reasons that this legislation may have been enacted at this time, and the changes taking
place in Indian society that this change in law might suggest, are also discussed.Sharma ,
Suhail (2021)This article studies the juvenile justice system in juxtaposition to policing in
India. To start with, it conducts a comprehensive data analysis of juvenile crimes in India in
the last two decades. The author conducted a study involving 400 juveniles in conflict with
the law through “Disha,” a project in juvenile re-entry systems. It further marshals the
incidences based on social parameters like education, age, and family. Here, the paper
impresses upon the “heinousness factor” of the crimes to evaluate the law and institutional
response. The article examines the growth of the legal framework on juvenile justice in India
and the causal determinants which may have driven its increase. It also scrutinizes the
policing systems as far as the legal framework on juvenile justice makes them responsible. It
delves deeply into the interactions between juvenile justice and police systems at the
institutional and procedural levels. It conducts a detailed inquiry into the international legal
framework of juvenile justice systems. Here, it studies such systems in the Americas, Europe,
and Asia to suggest the way forward for a transparent, robust and sensitive juvenile justice
system in India.Janeksela , Galan M (1992)The premise of this special issue is that an
understanding of juvenile delinquency and juvenile justice in other countries would provide
each country with new information, fresh theoretical perspectives, and ideas for
understanding and addressing the problem of juvenile delinquency. The comparative
approach exposes the reader to information, regarding innovations and historically successful
programs for each respective country to consider. It is hoped that one nation's success and/or
failure may stimulate the thinking of other nations. However, it is important to note that valid
theories or successful programs may be limited to the population that was used as the basis of
the theory or program. This article focuses on the benefits of the comparative approach, and
the need for a systematic approach to collecting data on juvenile delinquency and juvenile
justice.Vesvikar (2016)India (officially the Republic of India) is a country in South Asia. It is
the seventh-largest country by area, the second-most populous country with over 1.2 billion
people and the most populous democracy in the world. Bounded by the Indian Ocean to the
south, the Arabian Sea to the southwest and the Bay of Bengal to the southeast, it shares land
borders with Pakistan to the west, China, Nepal, and Bhutan to the northeast, and Burma
(Myanmar) and Bangladesh to the east. In the Indian Ocean, India is in the vicinity of Sri
Lanka and the Maldives; in addition, India’s Andaman and Nicobar Islands share a maritime
border with Thailand and Indonesia.Tolliver , Destiny G (2021)In February 2020, video of
Kaia, a Black 6-year-old child being arrested for a temper tantrum at her school in Orlando,
Florida, emerged on social media.1 Footage shows her crying out for help as officers place
zip ties on her wrists and remove her from school. Although Kaia’s charges were eventually
dropped, the outrage surrounding her case prompted policy makers to advocate for setting a
minimum age of juvenile justice jurisdiction in Florida. Without a minimum age law,
children of any age can be arrested, charged with a juvenile violation, and potentially
incarcerated. The Florida law did not pass, but it did bring attention to the need for minimum
age laws.

METHODOLOGY :The research method followed here is empirical research.A total of 206
samples have been collected out of which all samples have been collected through convenient
sampling method .The sample frame taken here is public areas in and around chennai,tamil
nadu like beaches ,malls and parks .The independent variables are age ,gender,educational
qualification,occupation and marital status .The dependent variables are main issue the causes
of juvenile delinquency and the ways to reduce juvenile delinquency.The objective of the
hypothesis modelling is whether india has effective juvenile justice system and To analyse
how to stop juvenile delinquency.The statistical tools used here are correlation and graphical
representation.

ANALYSIS:

FIGURE:1
LegendFigure1 shows the educational qualification preference of sample population in
chennai

FIGURE 2
Legend
Figure 2 shows the educational qualification with special reference to age with preference to
sample population in chennai.

FIGURE 3
Legend
Figure 3 shows the age preference to stop juvenile delinquency with a sample population in
chennai.
FIGURE 4

Legend
Figure 4 shows gender preference for the causes of juvenile delinquency with a sample
population in chennai.
FIGURE 5

Legend
Figure 5 shows the educational qualification with reference does India have an effective
juvenile justice system with a sample population in chennai.
FIGURE 6

Legend
Figure 6 shows the gender preference , does India have an effective juvenile justice system
with a sample population of chennai.
FIGURE 7

Legend
Figure 7 shows the occupation preference with sample population in chennai.

RESULT:
37.68% respondents are UG whereas the 19.81 respondents are no formal
education(fig1).15.56% respondents who are less than 20 are UG whereas the 0.48%
respondents had no formal education who are less than 20(fig2).15.46% of 20 to 40 years
agreed that classroom and behaviour management.(fig3).25.12% of female respondents
agreed that poor education.(fig4).17.87% are UG graduates respondents where they agreed
that India has an effective juvenile system.(fig5).26.09% are female respondents have agreed
that India has an effective juvenile system.(fig6).36.23% are retired respondents.(fig7)
DISCUSSION:
Fig 1 shows that participation 37.68% respondents are UG whereas the 19.81% respondents
are no formal education so many ug student are not aware about juvenile justice .juveline
justice is one of the serious issues in india ebpven today because financial is one of the
problems in india to threat an children and no proper education.Figure 2 shows that
participation of educational qualifications of above 40 years of ug students17.87% agreed
that juveline justice system children should be educated in proper way and psychological
treatment should given to students in better way to understand. Figure 3 shows that
participation of 20-40 years people of 15.46% should be that monitoring the behaviour of the
students in the classroom may help them to stop(fig3)because so many illegal activities taken
place in some of class rooms also so school management should be taken care in better way
and help the students to over come from it.figure 4Shows that participation of female is
25.12% itcould be that the poor education for the students may result in juvenile delinquency
because juvenile means a child who is below the age of 18 and there days will be school day
so education can help them(fig4)because in today’s world also so many female are illiterate
because no bestfinancial background for children so their press has been increasing . Figure
5 It could be that the india after the delhi rape case governmnet of India have amended
provisions to reduce the juvenile delinquency(fig5)so illegal activities like sexual abuse
aretaken because of social media and proper maintenance in social media today digital world
are dangerous how ever the technologieshas been increasing . Figure 6 shows that
participation of female is 26.09% agreed that juvenile justice system is effective in India
because government has been taken many steps on juvenile justice amend many laws has
been amended on juveline justice system and so many allowances should been juvenile
children so juvenile delinquency will reduced in India. Figure 7 shows that participation of
occupation of respondents of retired about 36.23% juvenile justice system old people are not
aware about juvenile justice because they are not bothered about small children and taking
care of society and so many juvenile delinquency happen in India is increasing so
government should take care of this juvenile justice it’s not only a small problem it’s a seed
for major problem and grow like tree and it will affect the society.
LIMITATION:
One the major limitations of the study in the sample frame. There is a major constraint in the
sample frame as it is limited to a small area. Thus, it proves to be difficult to explore it to the
large population. Another limitation is the sample size of 208 which cannot be used to
assume the thinking of the entire population in a particular country, state, or city.

SUGGESTION:
My suggestion on this juvenile justice system in India is an The state governments should be
directed to establish a special juvenile police unit in every district and the unit must be
specially instructed and trained in child psychology and child welfare. The public prosecutors
handling the cases should be sensitised and given training with the juvenile police.the high
court should take initiative to create and establish more and exclusive juvenile justice system
in India.

CONCLUSION:

Juvenile is a child who has not attended 18 years. The team juvenile was derived from the
latin word ”juvenis ” which means young. This word was established for the yought. Juvenile
justice system started to grow and changed since 1899. The major objective of the study is
does India have an effective juvenile justice system. The findings of the study is that 25.12%
of the respondents agreed that the cause of juvenile delinquency is poor education. The
suggestion of the study is that the moriting the behavior of the students in the classroom as
well in the home may help the students. I conclude that the study is made for the purpose of
getting people to know about juvenile delinquency and moreover equality plays a major role
to reduce the delinquency.
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PLAGIARISM REPORT: