Table of Contents
The Legal status of children and adolescents is different from that of adults as they are not held accountable for violations of criminal law in the same way as adults The ultimate aim of such treatment of children and adolescents is to protect them from negative effects of the adult justice system and also to provide a more appropriate way of dealing with them.
Persons below a certain age are at an early stage of mental development and therefore, cannot be held responsible for their wrongful acts in the same way as adults. Therefore, a separate justice system exists for juveniles, which is called the juvenile justice system. It is the process dealing with the children in conflict with the law. According to Section 2 (d) of the Children Act "Children in conflict with law" means the children accused of committing an offence, and this term also includes the children convicted by the Juvenile Court for committing an offence.
The question in juvenile justice is what the best response to the illegal behavior of juveniles? Which responses are more likely to help juveniles learn from their mistakes and make more socially productive decisions in the future?
The juvenile justice system must treat children fairly and with dignity. The juvenile justice system handles cases in a completely different capacity than adult cases. Depriving a child of basic rights and freedoms is only a consideration as a last resort after exhausting other solutions.
The best interest of the child is the guiding principle of juvenile justice. Section 16 of the Children Act, 2019(2075) provides that the officials of every organization and institution that carries out activities related to children shall adopt necessary child-friendly process by giving priority to the best interests of children, while doing every activity."
The terminologies used in the juvenile justice system are different. A juvenile who is detained by police is said to have been taken into control, not arrested. The child shall not be taken into control unless it is necessary to do so. The prosecutor in a juvenile case will petition the court not to charge. The act the prosecutor brings to the court will come under a violation of the juvenile code for juveniles not a crime under the penal code.
The hearing in juvenile justice is called an adjudication hearing, whereas adults will go to trial. The hearings for juveniles are generally private, informal and non-criminal in nature. In juvenile adjudication, the judge acts as a fact finder and acts as a wise parent. Following dispositions, juveniles may be committed to a state correctional facility, correction homes, not to prison.
Children in conflict with the law are considered as victims of circumstances like neglect, exploitation, and social & economic hardship. Children are placed in the least restrictive environment and it is too for the minimum possible duration. The juvenile justice system acts as a parent according to the notion of Parents Patria.
Fundamental Principles of Juvenile Justice
Every child accused of a delinquent behavior or an act that might lead to them being sanctioned or deprived of their liberty is entitled to fair treatment and trial. The principles that govern the juvenile justice process are as follows:
1. Principle of presumption of innocence:
A juvenile in conflict with the law is presumed to be innocent. The law must provide the age of innocence, procedural safeguards of innocence, and legal aid.
2. Principle of dignity and worth:
The juvenile's right to dignity and worth has to be respected and protected throughout the entire process of dealing with the child from the first contact with law enforcement agencies to the implementation of all measures for dealing with the child. The Children Act 2075, sec 26(2) states about the principle of dignity and worth.
3. Principle of Right to be Heard:
Every child's right to express their views freely in all matters affecting their interests shall be fully respected through every stage in the process of juvenile justice. The Children Act 2075, Section 16, states the Principle of Right to be Heard. This ensures that children actively participate in legal proceedings, making their voices integral to decisions impacting their lives. Authorities, including judges, lawyers, and child welfare officials, must create a child-friendly environment where juveniles feel safe and encouraged to share their perspectives. Respecting this right strengthens fair decision-making and empowers children to understand their legal rights, fostering confidence and trust in the justice system.
4. Principle of Best Interest:
In all decisions taken within the context of the administration of juvenile justice, the principle of the best interest of the juvenile in conflict with the law shall be the primary consideration. The Children Act 2075, Section 16, states the Principle of Best Interest. This principle ensures that every action, policy, or decision prioritizes the child's well-being, rehabilitation, and prospects over punitive measures. Authorities must assess each case individually, considering the child's background, needs, and circumstances. Ensuring access to education, psychological support, and family reintegration programs aligns with this principle, promoting holistic development and successful reintegration into society.
5. Principle of family responsibility:
Family responsibility in juvenile justice involves engaging families in their children’s care and the juvenile justice system. The primary responsibility of bringing up children, providing care, support, and protection shall be with the biological parents. In exceptional situations, this responsibility may be bestowed on willing adoptive or foster parents.
6. Principle of Safety:
At all stages, the juvenile shall not be subjected to any harm, abuse, neglect, maltreatment, corporal punishment, or solitary or any confinement, and extreme care shall be taken to avoid any harm to the protection. The Children Act 2075, sec 16 states about the principle of safety.
7. Positive measures:
Provisions must be made to enable positive measures that involve the full mobilization of all possible resources, including the family, volunteers and other community groups, as well as schools and other mainstream community institutions or processes, for the purpose of promoting the well-being of the juvenile through individual care plans carefully worked out. The Children Act 2075, sec 7(10) states about positive measures.
8. Principle of non-stigmatizing language, decisions, and actions:
The non-stigmatizing language must be strictly adhered to, and the use of adversarial or accusatory words, such as arrest, remand, accused, charge sheet, trial, prosecution, warrant, summons, conviction, inmate, delinquent, neglected, custody, or jail, is prohibited in the processes about the juvenile. Instead, child-friendly and rehabilitative terms should be used to avoid labeling and discrimination. This approach helps protect the juvenile’s dignity and encourages their reintegration into society. Ensuring positive communication within the juvenile justice system fosters a supportive environment that prioritizes rehabilitation over punishment, reducing the long-term impact of legal proceedings on the child’s future.
9. Principle of non-waiver of rights:
The rights of the juvenile, cannot be waived, i.e., waiver is either permissible or valid. The principle of non-waiver of rights for juveniles ensures that minors cannot forfeit their legal rights, even voluntarily. This safeguard protects their best interests, acknowledging their limited maturity and understanding. Authorities must uphold juvenile rights in legal proceedings, preventing coercion or exploitation, and ensuring fair treatment under the law.
10. Principle of right to privacy and confidentiality:
The juvenile's right to privacy and confidentiality shall be protected by all means and through all the stages of the proceedings and care and protection processes. The principle of right to privacy and confidentiality in juvenile justice ensures that a child's identity, records, and legal proceedings remain protected. This prevents stigma, promotes rehabilitation, and safeguards their future opportunities. Authorities must handle juvenile cases discreetly, limiting public disclosure and unauthorized access to personal or case-related information.
11. Principle of repatriation and restoration:
Every juvenile has the right to be re-united with his family and restored back to the same socio-economic and cultural status that such juvenile enjoyed before coming within the purview of the Act. The principle of repatriation and restoration in juvenile justice focuses on reintegrating children into their families and communities. It emphasizes rehabilitation, support, and healing rather than punishment. Authorities must ensure proper care, counseling, and opportunities for juveniles to rebuild their lives while safeguarding their dignity, rights, and future potential.
12. Principle of Fresh Start:
The principle of fresh start promotes new beginning for the juvenile by ensuring erasure of his records. The Principle of Fresh Start in juvenile justice ensures that a child’s past offenses do not hinder their future opportunities. It promotes rehabilitation by expunging records and preventing discrimination. This principle supports reintegration into society, allowing juveniles to rebuild their lives with dignity, free from stigma and past mistakes.
The restorative model is often integral to diverting young offenders from the formal court system. It is a contextual model that acknowledges the desirability of balancing juvenile offenders' rights against their responsibilities to the community. The Inquiry considers that the national standards for juvenile justice should strike a balance between the rehabilitation of offenders and restitution to the victim and the community.
In conclusion, the juvenile justice system is designed to provide a fair, rehabilitative, and child-friendly approach to dealing with minors in conflict with the law. Unlike the adult justice system, it prioritizes rehabilitation over punishment, ensuring that children are treated with dignity, fairness, and in their best interests. Fundamental principles such as the presumption of innocence, right to be heard, and protection from harm guide the system’s approach. The emphasis on repatriation, restoration, and a fresh start reinforces the belief that juveniles should be given the opportunity to reintegrate into society without the burden of past mistakes. The use of non-stigmatizing language and child-friendly procedures further strengthens the protective framework. Ultimately, a balanced juvenile justice system not only safeguards children’s rights but also benefits society by fostering responsible, rehabilitated individuals. Moving forward, continuous efforts must be made to ensure a just, effective, and compassionate system for juveniles.