An Brief Overview of My Dissertation

The Inadequacies of implementing the Juvenile Justice Act: A critical study with the help of decided cases

THEORETICAL BACKGROUND

The Evolution of the Law in India (1773- 2000):-

The concept of juvenile justice in India is very old in origin. The Children’s actions, both criminal and non criminal, were governed by the existing Hindu and Muslim laws.

The Hindu law of Manusmriti referred to certain offences; one of them include the example of a child, who was littering on apublic street, was not held liable for the action so done, butas a punishment was required to clean the litter.

Similarly; under the Muslim law, a young boy was not punishedfor having sex with consenting adult woman.

The ancient Code of Hammurabi (1790 BC) contained provisionswhich prohibited the act of differential treatment of childrenby the family members. Also the responsibility of maintenanceand supervision of children were vested in the family.

[1773 -1850] :

During the Colonial Regime, the first centre for destitute children called “Ragged School,” was established in 1843 by Lord Cornwallis. The Ragged Schools were charitable schools, dedicated to providing free education of destitute children.

[1850 – 1919] : Some of the most important laws passed between this period were :-

I. Apprentice Act (1850), which dealt with young people between the ages of 10 and 18; who were either destitute or petty offenders.

The children who were convicted, were made to serve out their sentences as apprentices for businessmen.

II. The Indian Penal Code (1860),

Section 82 of the Act sets age limits on criminal responsibility and excluded the children younger than 7 years age from culpability.

III. The Code of Criminal Procedure (1861),

This Act allowed for separate trials of persons younger than the age of 15 as well as their confinement in reformatories rather than prisons.

It further provided mechanisms for placement on probation.

IV. The Reformatory Act (1876 and 1897) :

The concept of a reformatory school for delinquent children came into force with the passing of the Reformatory Schools Act of 1876.

This policy of separate treatment of juveniles was further encouraged by the Reformatory School Act of 1897,which dealt only with the treatment and rehabilitation ofthe young offenders.

It allowed boys younger than the age of 15 to be placed in reformatory until 18 years of age.

Boys younger than 14 were released on license, only on the grounds that they had to obtain subsequent employment.

[1919–1950] :

The Madras Children Act (1920) made provision for the custody, trial, and punishment of juvenile offenders and provided for the protection of children and young persons.

The law created three categories of children:

a) “child” (anyone younger than 14),

b) “young person” (anyone between the ages of 14 and 18), and

c) “youthful offender” (anyone younger than 18 guilty of an offence).

During this time, the provinces of Bengal and Bombay alsopassed their own children acts in 1922 and 1924, respectively.

[Post 1950] :

The Constitution contained certain specific rights that could be applied to children. Some of them are:-

Article 15(3): Enables the State to make special provisions for children,

Article 21: Entitlement to free and compulsory education up to14 years.

Article 24: Prohibits the employment of children in hazardous works.

Article 39(e) and (f): Ensures distributive justice to the children in the matter of education and provides for prevention against exploitation and forced labour, and

Article 45: Provides for free and complulsory education for all children until they complete the age of fourteen years.

The Parliament had passed a Central Children’s Act (CCA) in 1960. The CCA provided for the care, protection, and treatment of juveniles. The states with existing laws were free to enforce their own laws.

Since the State Acts lacked consistency in terms of defining delinquency, court procedures and other

institutionalization practices, the parliament felt a need for a uniform children’s justice Act. Hence, the parliament passed the Juvenile Justice Act of 1986. (JJA)

The JJA despite being a remarkable legislation in the field of juvenile justice, failed at various levels to fulfil 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 2000. Following which the Juvenile Justice (Care & Protection of Children) Act, 2000 was enacted.

TITLE OF THE STUDY:

The Inadequacies Of Implementing Juvenile Justice Act :

A Critical Study with the help of decided cases.

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

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.

PROBLEM OF THE STUDY:-

In this enactment, there are certain inadequacies which are needed to be highlighted. They are as under:-

I. Under Section 2 (d) (i) of JJ(C&P) Act, the term "child in need of care and protection" is not clearly laid down. This terminology needs to be elaborated further.

II. This Act failed to provide for procedural guaranteeslike right to counsel and right to speedy trial.

III. The infrastructure required for the effective implementation of this law is not complied with.

IV. The children who are being kept in Observation Homesor Special Homes are suffering from the problems of sexual abuse, drug abuse etc.

V. The quality of performance of Juvenile Justice institutions cannot be measured.

VI. The police machinery is not well equipped with the provisions of this Act.

VII. The basic purpose of the JJ(C&P) Act to reintegrate the child into family and society needs to be solved or the basic purpose of Juvenile Justice in family and society is left unresolved.

RATIONALE OF THE STUDY:

The Juvenile Justice (Care and Protection Of Children) Act 2000 has provided many provisions wherein Justice hasbeen done to them but all these provisions they are not full proof or complete by themselves as a result certain problems are cropped up in implementing those provisions.

It is an effort on the part of this researcher to providesolutions to those problems or to unravel them so that the purpose of the Act be achieved.

It is with this rationale that whatever the inadequacies or problems which are cropped up in executing or implementing this Act are need to be solved or resolved.

RESEARCH DESIGN:-

A} Nature/Type of Study:-

In the present study, this researcher has conducted an

empirical or non-doctrinal legal research on the topic

“Inadequacies in implementing the Juvenile Justice System”.

This empirical research is carried out by collecting and

gathering data or information relating to universe by a

firsthand study.

Further this researcher has chosen the method of Exploratory

Research Design in order to identify the operational concepts

and variables of the study. On the basis of these, this

researcher has formulated the research problem in the form of

hypothesis.

The data in current research collected from:

I] Review of related literature to know the work

already done by others.

II] Reports of ACHR, NCPCR and NCRB in this regard.

III] Survey of people from the society at large.

IV] The decided cases on this particular topic.

The collected data from all these sources is analyzed and

interpreted for arriving at certain conclusion by this

researcher.

B} Universe:- The whole group from which samples are collected is known as universe.

POPULATION:-The population of the study comprise of Students,

Advocates, Teachers, police personnels, businessmen.

SAMPLE AND SAMPLE SIZE:-

The researcher selected “Interview” method for the data

collection. The research had selected sample from various

persons mentioned hereinabove.

SAMPLE SIZE:-

Students 10

Advocates 10

Teachers 10

Police authorities 10

Businessmen 10

50

SAMPLING METHOD:-

One of the important requirement in a social

research is selection of sample. Sample is smaller

representative of a large whole. The researcher in

this study has used “Random Stratified Sampling

Method.” In a Stratified Random Sampling the

population is sub-divided first into two or more

strata that is class and then each stratum

predetermine number are obtained.

C} Method of Data Collection:-

The method of data collection used for this research is Questionnaire Method. This method was used because it was the most suitable method for covering all the necessary aspects related to the research topic.

D} Sources Of Data Collection:-

The researcher had collected data from both primary and secondary sources. The primary source of data is the

original information collected from field work from the persons abovementioned. The secondary sources of data are obtained from outside sources including legal provisions and Acts.

E} Tools of Data Collection:-

Interview schedule and questionnaires have been used

as tools for data collection by the researcher which

where given to the abovementioned persons.

CHAPTERISATION:-

This research has been divided into four chapters

and a separate section for Bibliography and Annexure.

Chapter – I : Theoretical Background

Chapter – II : Research Methodology

Chapter – III : Analysis and Interpretation of Data

Chapter – IV : Major Findings, Conclusions and

Suggestion

OBJECTIVES OF THE STUDY:-

The general objective of the research work is to study theInadequacies in Implementing the Juvenile Justice Act in Indiathrough socio-legal perspectives with giving the emphasis on State of Maharashtra.

The objectives in particular are listed below -

i) to study the number of Observation Homes established across the country.

ii) to study the report of the Inspection Committee constituted for inspection of the present conditions and facilities which are being provided by the observation homes to the juveniles who are being kept there.

iii) to study the legal control and judicial responses to implementation of juvenile justice system in the state.

iv) to assess the reliability of various after care programmes and

rehabilitation procedure in the state.

HYPOTHESIS:-

There is a very wide gap between the theory and practice of juvenile justice system and its implementation across the country. The ground realities regarding the juvenile justice system differ much with the idealism projected through the legislation.There is no proper functioning mechanism of the whole system established by the various states throughout their respective districts.

From the above primary hypothesis following sub-hypothesis have been formulated-

1) There is absence of proper facilities for the children who are being kept in the observation homes

2) There is complete negative attitude of states towards proper rehabilitation programme for the rescued children.

3) There is lack of establishment of inspection committee bythe respective states in their respective districts due

to which the authorities /persons responsible for taking care of children become irresponsible.

4) There is complete abuse of children who enter the juvenile justice system.

OPERATIONAL CONCEPTS AND VARIABLES OF THE STUDY:-

There are several concepts upon which this research is based:-

SECTION 2 (k) : “Juvenile” or “Child” means a person who has not completed eighteenth year of age;

SECTION 2 (l) : “Juvenile in conflict with law” means a juvenile who is alleged to have committed an offence and has not completed eighteenth year of age as on the

date of commission of such offence;

SECTION 2(d) “Child in Need of Care and Protection” means a Child:-

(i) who is found without any home or settledplace or abode and without any ostensible means of subsistence,

(ia) who is found begging, or who is either a

street child or a working child,(ii) who resides with a person (whether a

guardian of the child or not) and such

person.

(a) has threatened to kill or injure the child

and there is a reasonable likelihood of the

threat being carried out, or

(b) has killed, abused or neglected some

other child or children and there is a reasonable likelihood of the child in question being killed, abused or

neglected by that person.

ii) who is mentally or physically challenged or ill children or

children suffering from terminal diseases or incurable diseases having no one to support or look after,

(iii) who has a parent or guardian and such parent or guardian is unfit or

incapacitated to exercise controlover the child,

(iv) who does not have a parent and no one is willing to take care of or whose

parents have abandoned him or who is missing and run away child

and whose parents cannot be found after reasonable inquiry,

(v) who is being or is likely to be grossly abused, tortured or exploited for the purpose of sexual abuse or illegal acts,

(vi) who is found vulnerable and is likely tobe

inducted into drug abuse or trafficking,

SECTION 4: Juvenile Justice Board:-A Board shall consist of a Metropolitan Magistrate

or a Judicial Magistrate of the first class, as the case may be, and two social workers of whom at least one shall be a

woman, forming a Bench and every such Bench shall have the powers conferred by Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or, as the case may be a Judicial Magistrate of the first class and the Magistrate on the Board shall be designated as the Principal Magistrate.

SECTION 5 Procedure, etc., in relation to Board:- A child in conflict with law may be produced before

an individual member of the Board, when the Board in not sitting.

SECTION 8 Observation Homes:-Any State Government may establish and maintain

either by itself or under an agreement with voluntary organizations, observation homes in every district or a group of districts, as may be required for the temporary reception of any juvenile in conflict with law during the pendency of the inquiry regarding them under this Act.

SECTION 9 Special Homes:-Any State Government may establish and maintain

either by itself or under an agreement with voluntary organizations, special homes in every district or a group of districts, as may be required for reception and rehabilitationof juvenile in conflict with law under this Act.

This research is used to answer my research question:-

What are the inadequacies in implementing the juvenile justicesystem in India?

My dependent variable is juvenile justice system, and my independent variable is change in conditions of observation home of various districts across different states of this country.

This Researcher has collected data from 2000 to 2012 from several existing services with ―year as the unit of analysis. This researcher has constructed a data set consisting of the following variables: juvenile violent crime rates, status of

non implementation of Juvenile Justice System by various states, Child Welfare Committee reports of various states.

LIMITATIONS OF THE STUDY:

The present study is not free from limitation. This study

has been taken by this researcher to find out the inadequacies

in implementing the Juvenile Justice Act. It was found

difficult to refer each and every person which perhaps would

have given better results.

Since the concept of Juvenile Justice System being new to

most of the persons, it has been observed by this Researcher

that the samples selected from the persons abovementioned,

were not so frank with researcher while interviewing them and

they could not give answer directly and it took a little

inconvenience to this researcher to make them familiar with

what they have been asked.

The time schedule for undergoing present research cannot

be said to be comparative with the genuine requirement of the

research concerned. The topic of this research according to

this researcher has potential to conduct an in depth

analysis , but due to time constraint the researcher has found

it very difficult to include each and every issue involved in

research concerned.

The researcher had to do the research individually and

owing to the less human resources it was difficult to give

adequate justice to the abovementioned research topic.

POSSIBLE CONTRIBUTION OF THE STUDY:-

The present study has been conducted to explore the

inadequacies in implementing the Juvenile Justice (Care &

Protection of Children)Act, 2000; this study may prove to be

helpful in;

1) Knowing the inadequacies in the juvenile justice

system and to understand the problem inherent in it.

2) Understanding the need for effective implementation

of the JJ(C&P)Act, 2000 through state legislatures and the

present status of their implementation in various districts.

3) Finding out how these inadequacies in the Juvenile

Justice System affects the children who enter into this

system.

4) Knowing the action of the Judiciary against the

states for non implementing of the JJ(C&P) Act in their

respective districts.

5) Suggesting appropriate reforms in the Juvenile

Justice Act in respect of the various inadequacies and how to

curb them.

Major Findings, Analysis And Interpretation of Data:

This researcher has gone through several reports of various acknowledged institutions and decided cases regarding the inadequacies in the provisions of the present Juvenile Justice(C&P) Act, 2000.

This researcher also submits various reports regarding the status of non implementation of Juvenile Justice (C&P) Act in various districts in the state of Maharashtra by their respective state governments and various case studies handled by various authorities including ACHR, NHRC, NCPCR etc.

The data are analysed, categorised and summarised as follows:-

Status of Non-Implementation of the Juvenile Justice(Care and Protection of Children) Act, 2000 in the State of Maharashtra.State / Union Territories

Status of Non Implementation of Juvenile Justice (C&P) Act, 2000

Maharashtra City Advisory Boards are set up atsome places.

Audit has been reporting to the CCOregarding the shortfalls ininspection of children’s home.Non-functioning of district levelrehabilitation committee

The Department established (June2000) a district levelrehabilitation committee (DLRC)headed by the respective districtCollectors. The DLRC was responsiblefor providing guidance to inmatesleaving children’s homes (boys:

above 18 years and girls: above 21years) regarding vocationaltraining,assistance to start small business, information regarding various schemes implemented by the Government from time to time, extending support in Balkashram; Balsadan etc. Non-constitution of district inspection committee

Non-constitution of the district inspection committees/advisory board, a vital institutional arrangement for inspecting the children’s home as required underthe Act, undermined proper monitoring of the children’s home.Case Study:

Taking stern action in the rape and impregnation of a 13-year-old girl staying at an orphanage in Kamshet, near Pune, Varsha Eknath Gaikwad, Minister for Women and Child Welfare has ordered to conduct DNA of the unborn child to confirm the paternity.

The test would be held for solving the mystery behind the case in which the girl was allegedly raped and impregnated by a 13-year-old boy staying in the same orphanage. This would also confirm if the baby is fathered by the suspect or the girl’s pregnancy was a result of abuse by someadult person.

Officials from the Women and Child Development Department (DWCD) announcedthe constitution of an inquiry committee comprising a gynaecologist, achild rights activist, two members of an NGO and members from the Child

Welfare Committee. The case went unnoticed by those who

run Vidyavati Ashram, the orphanage where the rape occurred, and also by the Women and Child Development Department officers till the girl’s pregnancy started showing. So far, the Women and Child Development (WCD) Department has suspended only the superintendent and a woman caretaker. No action has been taken against the orphanage director, a former businessman, Rajendra Gupta. The DWCD officer has instructed that all 19 boysbe transferred to other orphanages.

District Women and Child Development officer Suvarna Pawar, who reportedly visited the orphanage twice, failed to notice the case. According to the police, the matter came to light on October 18 and the offence was registered against a 13-year-old boy under Section 376 of the Indian Penal Code on October 22.

The boy was remanded to an observation home. The offence was registered on thebasis of a complaint filed by Child Welfare Committee member Amit Kumar Banerjee. The medical test was performed on the boy and the course of the investigation will be decided once the sperm fertilisation report is available.

Questionnaires:-

CATEGORY – A (STUDENT)

TABLE – I

Are you aware about the Juvenile Justice (C&P) Act?

Sr.No. Responses Frequency Percentage

A Yes 7 70B No 1 10C Could not understand

the question

2 20

Total 10 100%

Awareness about Juvenile Justice Act, 2000

YesNoCould not understand the question

From above table this researcher easily concludes that

most of the students i.e. 70% are aware about the Juvenile

Justice (C&P) Act, 2000.

This question was asked to students to access how many of

them possess knowledge about the passing of Juvenile Justice

legislation by the parliament.

Interpretation of above data clearly shows that most of

the students possesses knowledge about JJ (C&P) Act, 2000.

TABLE – II

Do you know about the location of observation home

at Nagpur District, Maharashtra?

Sr.N

o.

Responses Frequen

cy

Percent

ageA Yes 2 20B No 5 50C MaybeD Cannot say 3 30 Total 10 100 %

Awareness about establishment of Observation Home at Nagpur

District, Maharashtra

Yes No

Cannot Say


most of the students i.e. 80% are unaware about the location

of establishment of observation home under Juvenile Justice

(C&P) Act, 2000 in Nagpur District.

This question was asked to students to assess how many of

them really possess knowledge about the implementation of

Juvenile Justice legislation by the various state governments

of India in their respective districts.


the students do not possess knowledge about implementation of

JJ (C&P) Act, 2000 in Nagpur District, Maharashtra.

TABLE – III

Are you aware about the conditions of juveniles

kept in various observation homes across the country?

Sr.N

o.

Responses Frequen

cy

Percent

ageA Yes 2 20B No 8 80C May beD Cannot Say Total 10 100 %

Awareness of conditions of juveniles being kept in

observation homes

Yes No


most of the students i.e. 80% are unaware about the conditions

of Juvenile homes established under Juvenile Justice (C&P)

Act, 2000.


them possess knowledge about the implementation of Juvenile

Justice legislation by the state governments across the

country.


the students do not possess the conditions of juveniles who

are being kept in the Observation Homes across the country.

TABLE – IV

What according to you is the purpose of JJ(C&P) Act?

Sr.N

o.

Responses Frequen

cy

Percent

ageA Care and Protection of

Juveniles

3 30

B To punish them 4 40C For their rehabilitation

in the society

2 20

D Cannot Say 1 10 Total 10 100 %

Purpose of Juvenile Justice (C&P) Act, 2000

Care and Protection of JuvenilesTo punish themFor rehabilitation in the societyCannot Say


only 50% of the students are aware about real purpose of the

Juvenile Justice (C&P) legislation.


them possess knowledge about the purpose of passing of

Juvenile Justice legislation by the parliament.

Interpretation of above data clearly shows that only 50%

of the students possess knowledge about the real purpose of JJ

(C&P) Act, 2000.

TABLE – V

Whom do you prefer most regarding the best

handler of Juveniles under the JJ(C&P) Act, 2000?

Sr.N

o.

Responses Frequen

cy

Percent

ageA Police Officials 4 40B Special Juvenile Police

Unit

2 20

C Probation Officer 3 30D Social Worker 1 10 Total 10 100 %

Preferences regarding Handling of Juveniles by the following

persons Police OfficialsSpecial Juvenile Police UnitProbation OfficerSocial Worker


most of the students i.e. 40% and 30% are in support of police

officers and probation officers respectively in handling of

Juvenile cases under the Juvenile Justice (C&P) Act, 2000.


them possess knowledge about the role and importance of role

of special juvenile police unit in handling Juvenile cases.

Interpretation of above data clearly shows that most

of the students do not possess knowledge about role of special

juvenile police unit in handling Juvenile cases.

TABLE – VI

Do you seriously think that the police machinery is

capable of handling Juvenile Cases?

Sr.N

o.

Responses Frequen

cy

Percent

ageA Yes 4 40B No 2 20C Very Few - -D Cannot Say 3 30 Total 10 100 %

Ability of police personnels in handling juvenile cases

YesNoCannot Say


most of the students i.e. 40% are in support of police

officers in handling of Juvenile cases under the Juvenile

Justice (C&P) Act, 2000.


them possess knowledge about the role and importance of role

of special juvenile police unit in handling Juvenile cases.


of the students do not possess knowledge about role of special

juvenile police unit in handling Juvenile cases neither they

considered the case of lack of training of police officers in

handling the juvenile cases.

TABLE – VII

Do you know about the facilities which are to be

provided by the State Government in Observation Homes as per

the schedules provided under JJ(C&P)Act, 2000?

Sr.N

o.

Responses Frequen

cy

Percent

ageA Yes 2 20B No 3 30

C Could not understand

the Question

5 50

D No Comment - - Total 10 100 %

Awareness about the facilities to be provided by state government to juveniles in Observation Homes as per Juvenile Justice (C&P)

Act, 2000YesNoCould not understand the Question


most of the students i.e. 50% and 30% who either did not

understand the question regarding facilities provided by state

governments as per the Juvenile Justice (C&P) Act, 2000 to

juveniles who are being kept in observation homes or are

unaware of the fact.


of the students do not possess knowledge about judging the

reality of implementation of JJ(C&P) Act by the various state

governments.

TABLE – VIII

Are you aware about the Judicial Decisions and

directions of several Courts to the government in

implementation of JJ(C&P)Act?

Sr.N

o.

Responses Frequen

cy

Percent

ageA Yes 1 10B No 7 70C Very Few D Cannot Say 2 20 Total 10 100 %

Awareness as to the decisions of Supreme Court and various High Courts regarding directions for

implementation of Juvenile Justice Act to State Government

YesNoCannot Say


most of the students i.e. 70% are unaware of the decisions of

Supreme Court and various High Courts regarding the

implementation of JJ(C&P) Act, 2000


them possess knowledge about the role and importance of these

judgements who provide guidelines about a particular case

regarding non implementation of the JJ Act by the various

state governments to remove inadequacies in implementing the

respective Act i.e. JJ(C&P) Act, 2000.


of the students do not possess knowledge about role of

judgements in curing the inadequacies in implementing the

JJ(C&P) Act, 2000.

CATEGORY – B

(ADVOCATES)

TABLE – I

What is your rationale regarding the passing of

JJ(C&P)Act Legislation by the Indian Parliament in 2000?

Sr.N

o.

Responses Frequen

cy

Percent

ageA As a Matter Of

Necessity

- -

B For Protection and

Rehabilitationof

juveniles

3 30

C Both 7 70D No Comment - - Total 10 100 %

Rationale regarding passing of JJ(C&P) by Indian Parliament

As a matter of necessityFor protection and Rehabilitation of JuvenilesBoth


most of the advocates i.e. 70% support both the expressions

“As a matter of necessity” and “For protection and

rehabilitation of Juveniles” as a rationale for passing of

JJ(C&P) Act, 2000 by the Indian Parliament.


of the advocates support the contribution of both the

abovementioned expressions judgements in passing the JJ(C&P)

Act, 2000 by the Indian Parliament.

TABLE – II

What are the Conditions according to your knowledge should be

provided by the various state governments while

establishing the Observation Homes?

From

above table

this

researcher easily concludes that most of the advocates i.e.

60% support the schedule provided under JJ(C&P) Act, 2000

relating facilities to be provided in observation homes by the

state government

Sr.No

.

Responses Frequen

cy

Percent

ageA Must Be With All The

Basic Facilities of

clothing,bedding,toilet

ries

3 30

B Proper Scrutiny by

inspection Committee of

facilities provided

- -

C Facilities for Health

and Education

1 10

D Minimum Requirements

As Per Schedule Must Be

Fulfilled

6 60

Total 10 100 %

TABLE – III

Do you think that the police machinery is

competent to handle juvenile cases ?

Sr.No. Responses Frequency PercentageA Not At All - -B Up To Some Extent

As some cases are

Complicated

2 20

C Depends upon case

to case

8 80

Total 10 100 %

Competence of police machinery in handling juvenile cases

Upto some extent due to complexity of casesDepends upon case to case


most of the advocates i.e. 80% support the view that it

depends upon case to case and regarding handling of juveniles

by police machinery.


of the advocates think that it is the circumventing

circumstances and facts of the case which is the deciding

factor in handling of juvenile case by police machinery.

TABLE – IV

What according to you is the role of Child Welfare

Committee under the JJ(C&P)Act, 2000?

Sr.No. Responses Frequency PercentageA Paramount Importance

in Scrutiny of

Juvenile Justice

InstitutionsB Role in keeping in

inspection and

social auditing of

facilities being

provided by the

state government to

Juvenile Justice

InstitutionsC Both A & B 10 100D None of the above

Total 100 %

Role of CWC in JJ(C&P) Act,2000

Proper scrutiny of JJ Institutions

Inspecton & Social Auditing of Facilities provided by government under JJ Institutions

Both


all the advocates i.e. 100% support the role of CWC in

Juvenile Justice System.

Interpretation of above data clearly shows that Child

Welfare Committee plays an important role in providing proper

check on implementation of JJ(C&P) Act, 2000 by various state

governments in their respective districts.

TABLE – V

Do you feel that the JJ(C&P)Act is adequately

implemented?

Sr.No. Responses Frequency PercentageA Yes - -B No 3 30C To Some Extent 3 30 D Legislative intent is

failed entirely

4 40

Total 100 %

Whether JJ(C&P) Act is adequately implemented

NoTo some extentLegislative intent failed entirely


most of the advocates i.e. 40% and 30% are of the view that

the legislative intent is failed in entirety and the JJ(C&P)

Act, 2000 is not implemented adequately respectively.


the advocates support the view that there is inadequacy in

implementing the JJ(C&P) Act, 2000 by state governments as the

legislative intent has failed considerably.

CATEGORY – C

(TEACHERS)

TABLE – I

What are the reasons for inadequacies in implementing the

JJ(C&P)Act, 2000?

Sr.No. Responses Frequency PercentageA Lack of Infrastructure

facilities, manpower,

etc.

- -

B Lack of quality of

performance of workers

in JJ institutions due

to absence of training

programmes

- -

C Negative attitude of

the States in

implementing

JJ(C&P)Act,2000

4 40

D All the Above 6 60 Total 10 100 %

Reasons for non implementation of JJ(C&P) Act, 2000

Lack of infrastructure facilities, manpower etc.

Lack of quality of performance of workers in JJ institutions due to absence of training programmes

Negative attitude of the states in implementing JJ(C&P) Act,2000

All the above


nearly 60% of the teachers are of the view that there is

complete negative attitude of the states regarding the

implementation of JJ(C&P) Act, 2000, lack of infrastructure

facilities, absence of training programmes are the major

causation for the inadequacies in implementing the respective

Act i.e. JJ(C&P) Act, 2000.

TABLE - II

What is the rationale for non establishment of

Juvenile Justice institutions by the state government?

Sr.N

o.

Frequen

cy

Percent

ageA Lack of positive - -

attitude towards

protection and

rehabilitation

juveniles in conflict

with law B Corruption of fund

established by the

state govt. for the

welfare and

rehabilitation of

juvenile under this Act

- -

C Both 10 100D None of the above

Total 10 100 %

Rationale for non establishment of JJ institutions by state

governmentLack of positive attitude towards protection and rehabilitation of juveniles in conflict with law

Corruption of JJ Fund established by State Government

Both


all the teachers i.e. 100% are of the view that due to

corruption and lack of positive attitude of respective

governments regarding implementation of the JJ(C&P) Act, 2000

which results in non-establishment of JJ institutions.

TABLE - III

What is the role of NGO regarding the protection

and rehabilitation of juveniles under this Act?

Sr.N

o.

Frequen

cy

Percent

ageA Prominent and goes hand

in hand with the state

government in running

JJ institutions

4 40

B Voluntary Contribution

with the aid of society

at large

6 60

C Both A & B - -D None of the Above - -

Total 10 100 %

Role of NGOs in protection and rehabilitation of juveniles

Prominent, goes hand in hand with the state governmentVoluntary contribution with the aid of society at large


most of the teachers i.e. 60% are of the view that NGOs run on

their own accord and function so as to give aid to the

juveniles who enter into the Juvenile Justice Systems.

TABLE – IV

Is it possible to access information about the

conditions and functioning of juvenile justice

institutions in various states?

Sr.No. Frequency PercentageA Easily Accessible on

state government website

- -

B Not possible 3 30C Cannot say 7 70 D No Comment - -

Total 10 100 %

Accessibility of information regarding conditions and

facilities being provided by various state governments in JJ

institutions Not PossibleCannot Say


most of the teachers i.e. 70% are unaware regarding the

availability of status of implementation of JJ(C&P) Act, 2000

by various state governments in their respective districts.

TABLE - V

Do you think what kind of Juvenile Justice system is

presently functioning in the State of Maharashtra?

Sr.N

o.

Frequen

cy

Percent

ageA Child Friendly - -B Difficult to say 10 100C Highly Techno Savvy with

all the facilities and

basic amenities

- -

D None of the Above - - Total 10 100 %

What kind of JJS is presently functioning in the State of

Maharashtra

Difficult to Say


all the teachers i.e. 100% find difficulty regarding the

current status of conditions and functioning of JJ

institutions in State of Maharashtra.

CATEGORY – D

(POLICE AUTHORITIES)

TABLE – I

Have you observed any noticeable increase in the

juvenile crimes in Nagpur District, Maharashtra?

Sr.N

o.

Frequen

cy

Percent

ageA Yes 9 90B No - -C May be - -D Cannot Say 1 10

Total 10 100 %


all the police personnels i.e. 90% are of the view that there

is noticeable increase in the juvenile crime rate in Nagpur

District.

Notable Increase in The Juvenile Crimes in Nagpur District,

MaharashtraYesNOMay BeCannot Say

TABLE – II

Do you think that the existing JJ(C&P)Act, 2000

on the concerned issue is capable enough to cope up with

the problem regarding the juveniles?

Sr.N

o.

Frequen

cy

Percent

ageA Not Competent 2 20B Competent Enough 2 20C Difficult To Provide

for issues involving

graver offences of

Murder, Rape etc.

6 60

D None of the above - - Total 100 %


most of the police personnel i.e. 60% are of the view that

under the existing JJ(C&P) Act, 2000 it is really difficult to

provide for juveniles who involves in the graver offence

issues like Murder, Rape etc.

Existing JJ(C&P) Act, 2000

Non competentcompetent enoughDifficult to provide for issues involving graver offencesNone of the above

CATEGORY – E

(BUSINESSMAN)

TABLE – I

What according to you is the most contributory reason that the

juvenile crime rate is increasingly high in India?

Sr.No. Responses Frequency Percentage

A Poverty 6 60B Lack of proper facilities

by government to the

public at large

1 10

C Lack of proper monitoring

system by police

authorities in the

country

2 20

D All the above 1 10 Total 100 %

Reason for Increase in Juvenile Crime Rate in Nagpur, India

Poverty Lack of proper facilities by government to the public at large

Lack of proper monitoring system by police authorities

All of the Above


most of the businessman i.e. 60% think that Poverty is the

cause for increase in the Juvenile Crimes in India.

TABLE – II

Does the State has implemented the JJ(C&P) Act

enacted for juveniles in conflict with law?

Sr.No. Responses Frequency PercentageA Yes - -B No -

-C Depends on the individual

State Governments

- -

D Could not understand the

question

10 100

F None of the Above - - Total 100 %


all the businessman i.e. 100% are unable to understand the

abovementioned question posed to them by this researcher.

Conclusion:

In brief, it can be said that there are several misconceptionsin the society as to the juvenile justice system. In India, perception towards Juvenile offenders needs a change. In Indialegislation have passed the JJ(C&P) Act but implementation is yet to be realised and improved. It can be pointed out that in the state of Maharashtra there is only one observation home for girls. Punishment for crueltytowards a juvenile or child or exploitation of juvenile employed as provided in Sections 23 of the JJ(C&P Act, 2000) is imprisonment for a term up to 6 months or fine or both. This being a serious offence, the punishment as prescribed

under this section should be enhanced and a provision for compensation of the victim should be provided. Section 8 of the JJ (C&P) provides for a time limit within which the preliminary inquiries are completed (four months) but in reality it is rarely done as observed by various NGO’s across India.

An Brief Overview of My Dissertation

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