INTRODUCTION
Juvenile refers to a young person who exhibits the qualities of a child. The children below the age of 18 years are known as ‘Juvenile’ in the Indian legal system and the offenses related to them are dealt with according to the Juveniles Justice (Care and Protection) Act, 2015. The Juvenile Justice system deals with the challenges faced by the children in the society. The main objective is to protect and prevent the child by providing them appropriate legal treatment. This law creates an environment which helps in fostering a positive impact on the children. For this purpose this act also creates a Juvenile Justice Board in order to look after the cases related to the offenses of juveniles. As a developing society various illegalities also come into light, which not only impacts the adult group of the society but also creates a negative impact on the child section of the society. So the Juvenile Justice act is enacted in order to ensure a just, fair and equitable treatment for the children to shape their personality within the society as well as to make them a law abiding citizen.
WHETHER A JUVENILE CAN BE TREATED AS AN ADULT OR NOT?
Traditionally, a person below the age of 18 years is tried as a juvenile under the Juveniles Justice (Care and Protection) Act, 2015. But as there are three categories of offenses such as: Petty Offences, Serious Offences, and Heinous Offenses. The punishment is awarded to the accused person on the basis of gravity of the offense, which means more the gravity of offense is their more will be the punishment awarded. If under certain circumstances, the severity of punishment as prescribed under the J.J. act fails to justify the acts of the juvenile offender, the act also provides that such juvenile offender may also be treated as an adult. Which means, If any serious offence is committed by the juvenile who is between the age of 16-18 years then, he may be tried as an adult. According to this law if any juvenile is involved in any type of heinous crime which is punishable with more than 7 years of imprisonment. Such offence may include rape, waging war against government, murder, robbery, human trafficking, etc. The main aim of the JJ act was not to punish the child but to ensure their rehabilitation. But after the Nirbhaya Case there was a huge hue & cry for more stringent punishment with respect to juveniles involved in serious crimes. Because of this, the act was amended and the provision regarding the trial of a juvenile as an adult was introduced into the adult.
PROCEDURE OF TRIAL
According to Section 15 of the Juveniles Justice (Care and Protection) Act, 2015, “a juvenile offender between the ages of 16-18 years who has committed a heinous offense may be tried as an adult by putting him to trial under the criminal justice system. In order to apply the provisions of this section the act also enacts the Juvenile Justice Board which helps in enacting the provisions of this section. A Juvenile Justice Board is mandatory to carry out a preliminary inquiry to ascertain whether a juvenile is to be tried as an adult after an application is made in this regard. This board also includes members such as psychologists and psycho-social workers. This board has to assess the following things:
- The physical & mental capability of a juvenile to commit such an offense.
- Ability to understand the consequences of the offenses.
- The circumstances in which he allegedly committed such an offense.
The Juvenile Justice Board must complete its assessment within 3 months from the date of the child being produced before the board. If we talk about trying a juvenile as an adult, then these essential procedures are to be followed. And until and unless all of the pre-requisite conditions are not fulfilled, a juvenile cannot be tried as an adult.
Further after the fulfillment of Section 15 of the JJ Act, comes the role of Section 18(3) of the act which says that: “after the assessment the Juvenile Board has to pass an order that there is a need for the trial of the said child as an adult. The board will transfer the case to be tried as adult to the Children’s Court, and the Children’s court will determine on the basis of the assessment that whether the child is to be tried as an adult or not under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old Criminal Procedure Code, 1973).
REASON BEHIND THIS PROVISION
Adolescents are still developing physically, emotionally, and cognitively. Their brains are not fully developed. The Juvenile Justice System is designed to focus on rehabilitation and reintegration, and trying juveniles as an adult can result in harsher punishments that may hinder their chances of rehabilitation. But in some cases where juveniles commit particularly heinous crimes, there is belief that they should be held accountable in the same way as an adult. Reason behind this kind of strictness being implemented is that it is presumed that a child who is between the ages of 16-18 years can easily understand the nature and consequences of any such act which he is going to do. With this presumption it is necessary to take a serious step in order to avoid any such crime by the children in this society, as well as to punish them by putting them at an equal footing so that they may not have a free hand upon such kind of activities. The threat of being tried as an adult and facing the harsher punishment may act as deterrence for some of the juveniles.
CONSTITUTIONAL VALIDITY
The constitution is the basis of every law, it is the grundnorm. Every law is framed and enacted in the light of the constitution of law. Any law which is framed should not be in violation of the constitution. When the Juvenile Act was framed, these constitutional provisions and mandates were taken into consideration so that it should not get violated. After the amendment to the J.J. act in 2015, the criteria was included regarding the treatment of juveniles as an adult for those who come between the ages of 16-18 years. Thus, if any child who is between the age of 16-18 years, has committed a heinous crime then he may be treated as an adult, but the only requirement is that all the assessments need to be made by the Juvenile Justice board regarding that. Article 14 of the Constitution of India provides for “Right to Equality” which says that, ‘equals should be treated as equals and unequals should not be treated equals’. So if any child commits any heinous offense which is punishable with more than 7 years of imprisonment, then he may be tried as an adult because he has a more developed mind than other children as he is capable of understanding the nature and consequences of such action. There are several instances where the higher courts have allowed the trial of juveniles as an adult. The Rajasthan High Court in its 2019 verdict has allowed the 17 year old girl, who has killed her husband, to be tried as an adult. The Juvenile Justice (Care and Protection) Act, 2015 embodies the principles of equality, justice, and protection of children’s rights which is enshrined in the Constitution of India. The purpose of this provision is to provide a child-friendly environment and ensure speedy justice while adhering to the principles of natural justice and fair trial.
The constitutional validity of trying juveniles as an adult in India (Section 15) has been a subject to scrutiny and has been challenged before the judiciary in its various judgments. The Supreme Court of India has played a pivotal role in interpreting and upholding the constitutionality of the provision. The Supreme Court of India, in Pratap Singh v. State of Jharkhand (2005), upheld the constitutional validity of trying the juveniles as an adult in cases where the gravity of an offense requires harsher or adult-level punishment. The reason behind this was that, there are circumstances where the nature and gravity of the offense and the public interest may justify treating juveniles as an adult. But the Supreme Court in order to prevent the misuse of the constitutional mandates has in, Ramesh v. State of Rajasthan (2012), held that the juveniles should be treated in accordance with the principles of juvenile justice and strict adherence to procedural safeguards and to prevent arbitrariness as well as to ensure fair treatment shall be made, unless the circumstances clearly warrant a departure from these principles.
In conclusion, the Constitutional validity of trying juveniles as an adult in India depends upon balancing the principles of natural justice, rehabilitation, and children’s rights. If the required provisions of Section 15 of the J.J. Act are fulfilled in accordance with the principles enshrined in the constitution then only the juveniles will be tried as an adult. The Juvenile Justice Board has to make all the assessments of the juvenile and shall transfer the case to the Children’s Court for further proceedings. This approach must be carefully applied to ensure fairness, proportionality, and respect for juveniles’ rights.
CONCLUSION
Talking about the provision relating to the juvenile justice in Indian legal parlance provides the children below the 18 years of the age a chance to develop in the society and creates an environment which helps in fostering a positive impact on the children. While the Law provides for trying a juvenile who are between the ages of 16-18 years and are involved in heinous offenses to be tried as an adult, it does not mean that it is going to hinder the development of these children. The main objective of the Juvenile Justice Act is to protect and prevent the children by providing them appropriate legal treatment. This law also creates an environment which helps in working as a deterrence towards the members of the society by providing harsh punishment to those who are against the safety and security of the members. This provision has been challenged before the Supreme Court in its various cases regarding its constitutional validity, and the Supreme Court has decided that this provision is totally valid and is within the constitutional provisions until and unless it does not violates the constitutional mandates. Which means this provision provides for just, fair and equitable treatment for the children so that they can be a good and law abiding citizen of the society.
Authored by Aditya Tripathi, University of Lucknow, Faculty of Law
REFERENCES
Hindustan times article
SCC Online
The Hindu
Lawctopus
Ipleaders
India today articles