Juvenile Justice Guided by a Complex Interplay of Multiple Legislative Acts: CJI D. Y. Chandrachud
(Judicial Quest News Network)
Kathmandu [Nepal], May 4 (JQNN): On Saturday, Chief Justice of India D. Y. Chandrachud emphasized the need for juvenile justice systems to evolve in response to rising transnational digital crimes involving minors. He advocated for increased international collaboration and the exchange of best practices to address the challenges posed by rapid technological advancements.
Chief Justice of India, D.Y. Chandrachud, is on a three-day official visit to Nepal, following an invitation extended by Nepal’s Chief Justice, Bishwombhar Prashad Shrestha.
Chief Justice of India, D.Y. Chandrachud, addressed the significant challenges that plague the country’s juvenile justice system. He pointed out that one of the major hurdles is the lack of adequate infrastructure and resources, particularly in rural regions. This shortfall often leads to overcrowded and substandard juvenile detention canters, creating an environment that is not conducive to proper rehabilitation and support for young offenders. The Chief Justice stressed that these conditions can severely limit the system’s ability to reform and guide juveniles toward a positive path.
Furthermore, CJI Chandrachud highlighted the complex social dynamics that underlie juvenile delinquency in India. He noted that many children who end up in the juvenile justice system are not there by choice; they are frequently coerced or manipulated into criminal activities by gangs or other criminal elements.
This social pressure creates additional challenges for rehabilitation, as these juveniles might face threats or retaliation if they attempt to break away from the influence of gangs.
Given these circumstances, CJI Chandrachud called for a comprehensive approach to juvenile justice.
This would include not only improving infrastructure and resources but also addressing the broader societal issues that contribute to juvenile delinquency.
He advocated for programs that provide education, vocational training, and counselling, as well as partnerships with community organizations to create safer environments for at-risk youth.
The ultimate goal, he said, is to create a juvenile justice system that is equipped to support young offenders in finding a better future while also addressing the root causes of their involvement in criminal activities.
Juvenile justice laws must be implemented with an understanding of the distinct challenges faced by juveniles with disabilities.
According to a 2020 report by the United Nations Office on Drugs and Crime, visually impaired children in India are often exploited by criminal syndicates, forced into begging due to their disabilities and difficult socio-economic conditions.
This highlights a grim reality where criminal groups manipulate the vulnerabilities of marginalized children for their gain.
Given these circumstances, it is crucial that juvenile justice systems adopt strategies that specifically address the unique needs of juveniles with disabilities.
This requires a comprehensive approach that not only focuses on protection and rehabilitation but also aims to dismantle the networks that exploit these children.
Tailored support, such as accessible facilities, specialized care, and counselling, is essential to create a juvenile justice system that truly serves all children, regardless of their physical or mental abilities.
Additionally, collaboration with disability rights organizations and social services is key to providing a safety net for these at-risk juveniles.
By creating an inclusive framework, the jus Children are often drawn toward delinquent behaviours due to a confluence of societal challenges that create environments ripe for risky behaviours.
Economic disparities and social inequalities can push families to the brink, leading to a breakdown in traditional structures and leaving children without the guidance and support they need to make positive life choices.
Family breakdowns, often stemming from complex issues like domestic violence, substance abuse, or financial struggles, can create an environment where children are left to navigate the world with little to no supervision.
This lack of a stable support system makes them more susceptible to negative influences, ranging from neighbourhood gangs to exploitative labour practices.
A poignant depiction of these dynamics can be seen in the film “The Florida Project” (2017). The story canters on young Moonee, a spirited child living with her single mother in a budget motel near Disney World.
While Moonee finds joy in her friendships and childlike adventures, the film reveals the stark reality of economic hardship and its toll on familial stability. Her mother, Halley, struggles with personal obstacles and economic constraints, often leaving Moonee to explore and fend for herself.
The film delicately portrays how economic disparity and social inequity can fracture family bonds, affecting children’s well-being and guiding them toward uncertain paths.
Beyond individual family dynamics, broader societal issues like child marriage and child labour further complicate the picture. These practices can strip children of their childhood, forcing them into adult roles and exposing them to exploitation and abuse.
This premature exposure to harsh realities not only robs them of their innocence but can also lead them down the road of delinquency as they struggle to find their place in a world that has denied them the opportunity to simply be children.
Together, these factors create a landscape where children face enormous pressures and limited options, underscoring the need for systemic changes that address economic and social inequalities while providing robust support for families and children at risk. By addressing these root causes, society can begin to build a framework that offers children a better chance at a stable, secure future, reducing the risk of delinquency and fostering a healthier, more equitable community.
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tice system can better prevent the exploitation of children with disabilities and work towards their reintegration into society with dignity and opportunity.
Following are excerpts from the CJI’s Speech
Background to the Topic
Children enter the world with a clean slate. Universally, we acknowledge the innocence of children as integral to their being and conduct. However, when a child encounters the legal system, it prompts society to introspect on the underlying systemic issues that may have driven them to commit a crime.
As a population group, children are also the most disenfranchised and susceptible to oppression. These factors necessitate a sensitive and reform-oriented approach to children in conflict with the law as well as child victims of various crimes.
The concept of advocating for a distinct and special form of justice for children and teenagers represents a relatively recent development in the annals of civilization and legal administration. During the mid-nineteenth century, significant strides were made towards establishing a separate system for dealing with juveniles.
This included restructuring the role of magistrate courts in handling offences involving juveniles and establishing reformatories and industrial schools.
Throughout the latter half of the nineteenth century, various institutions were created to supervise delinquent juveniles, with reform schools becoming prevalent in several jurisdictions.
The establishment of Borstal Schools in various States across India is one such development. Borstal schools are corrective institutions which adopt a reformative approach towards adolescent offenders.
the heart of the development of juvenile justice lies the United Nations Convention on the Rights of the Child (CRC) of 1989, a cornerstone document that every country in South Asia has ratified. The CRC is a Justice 1985 (the ‘Beijing Rules’).1 These conventions prescribe the minimum standard for handling juvenile delinquents.
The focus is not only on the post-conviction treatment of the juvenile. The emphasis is rather on ensuring that the process of criminal justice, right from the initial contact with police and prosecution is altered to suit the needs of juveniles.
The establishment of a distinct juvenile justice system is a duty cast on the State in pursuance of its ‘parens patriae’ jurisdiction. The parens patriae jurisdiction casts a three-fold duty on the State. Firstly, this philosophy emphasizes handling juvenile matters informally and grants juvenile courts the authority to decide what is best for young offenders. Secondly, it advocates for compassionate and rehabilitative treatments rather than punitive measures, aiming to avoid the negative consequences of labelling that can arise from formal court proceedings. Thirdly, it involves state intervention to shape the life outcomes of juveniles, reflecting a belief that traditional criminal law processes are not suited to effectively address juvenile delinquency and related issues.2
When discussing Juvenile Justice, we have to recognise the vulnerabilities and unique needs of children embroiled in legal conflicts and ensure that our justice systems respond with empathy, rehabilitation, and opportunities
of juvenile justice and its intersections with various dimensions of our societies.
Children are often driven towards delinquent behaviours by complex societal challenges like economic disparities and social inequalities. Family breakdowns resulting from issues like domestic violence or poverty can leave children without the necessary guidance, making them more susceptible to negative influences.
In the film “The Florida Project” (2017), young Moonee navigates her childhood in the shadow of economic hardship, residing with her single mother in a budget motel. As her mother grapples with personal obstacles, Moonee finds herself navigating the harsh realities of poverty largely on her own.
The film tenderly portrays the impact of familial instability on children, shedding light on the delicate interplay between economic disparity, societal inequity, and familial bonds.
Moreover, practices like child marriage and labour may deprive children of their childhoods, exposing them to exploitation and abuse, further heightening the risk of delinquency.
Comparative Analysis
I would now like to embark on a comparative journey between Nepal and India’s juvenile justice systems. In both Nepalese and Indian societies, children are revered as the future and are considered to be the heart of the family unit. Both cultures place a
children’s rights. The challenges and issues faced by children in conflict with the law transcend national borders, highlighting the need for a coordinated and holistic approach to juvenile justice.
Both Countries have a shared commitment to international conventions and treaties aimed at safeguarding the rights of children, such as the CRC. Nepal was among the first countries to ratify the CRC in 1990. Subsequently, Nepal enacted its initial juvenile law, the Children’s Act, in 1992, which was enacted to protect the rights and interests of children for the physical, mental, and intellectual development of children.
After nearly three decades, the enactment of the Act Relating to Children 2018 marked a significant milestone, replacing the 1992 law.
This legislation raised the minimum age for children from 16 to 18, aligning with the UN Convention standards, and introduced provisions, ensuring that children under 18 are not held criminally liable for acts committed against the law.
Similarly, India has been making consistent efforts to evolve its juvenile justice system. India first enacted the Juvenile Justice Act in 1986.
Later, it was replaced by the Juvenile Justice Act of 2000, which was also subsequently replaced by the Juvenile Justice (Care and Protection of Children) Act, 2015, in a need for a more robust and practical justice framework focuses on reformative approaches. The Act of 2015 embodies a holistic approach, emphasizing the special needs and vulnerabilities of juveniles and prioritizing their rehabilitation and reintegration into society.
The implementation of various juvenile justice legislations for around four systems addressing children’s needs within the protection system.
I will now delve into the three aspects of Juvenile Justice touched upon by legislations in India and Nepal.
Juvenile Justice (Care and Protection of Children) Act, 2015, s. 3 (definitions clause).
stigmatizing them based on their circumstances or actions.5
I was reading about a case by the Supreme Court of Nepal in Advocate Pushpa Raj Poudel vs Sindhuli District Court (2023)6 which emphasised the prompt resolution of juvenile cases within a prescribed legal timeframe of 102 days. I feel that prioritizing the swift resolution of such cases aims to minimize any potential harm or trauma experienced by juvenile offenders and ensures their access to prompt justice and rehabilitation.
c) Restorative Justice
The third principle of juvenile justice is that of restorative justice. Restorative justice is an approach that recognizes the multifaceted impact of crime on the victim, the community, and the offender.7 Its primary objective is to repair the harm caused by the offence, facilitate reparation to both the community and the victim, and facilitate the offender’s reintegration into the community as a productive member.8
In the Indian context, the Juvenile Justice Act outlines various rehabilitation and reintegration measures for children in conflict with the law, such as counselling, education, vocational training, and community service. The is to mitigate stigmatization and provide opportunities for juvenile to reintegrate into society as responsible citizens. For instance, a juvenile offender involved in minor theft is directed to participate in a community service programme, where they clean and maintain local parks.
