Trying juveniles as adults is not the answer
The issue lies not in the perceived leniency or “misuse” of the juvenile justice system, but rather in the failure to fully implement its foundational principles
In May, a speeding car, allegedly driven by a teenager, killed two young techies in Pune.
As prescribed by the Juvenile Justice (Care and Protection of Children) Act, or the JJ Act, 2015, the adolescent was initially brought before the Juvenile Justice Board (JJB), which granted him bail under seemingly lenient / दयालु conditions.
emerging accusations
of privilege being used to tamper with the investigation, sparked public outrage. Following the backlash, the JJB modified its order, directing the adolescent’s detention in an Observation Home.
This was challenged before the Bombay High Court, which directed his release on the ground that he was granted bail in accordance with due procedure.
The push by some to prosecute the adolescent as an adult
raises broader questions about the power of the juvenile justice system to address severe offences like drunken driving and the demand for accountability in cases involving young offenders.
Being tried as an adult
adolescents above 16 as adults in JJ act
The JJ Act allows for the possibility of trying adolescents above 16 as adults if they are accused of committing a “heinous” offence.
A “heinous” offence
is one with a minimum punishment of seven years or more. Offences such as
- culpable homicide and
- causing death by negligence, which are common in drunken driving cases, are not “heinous” offences because they do not have a prescribed minimum punishment.
The JJ Act, amended in 2021
now categorises an offence that has no minimum sentence but has a maximum sentence of more than seven years as a “serious offence” which, nonetheless, does not merit the transfer of a case to the adult criminal justice system.
Hearing of In any case, when an adolescent above 16 years
1 accused of a “heinous” offence, the JJB, a quasi-judicial body, conducts a preliminary assessment to determine if they should be tried as an adult.
2 and then - adolescent is transferred to a sessions court, which independently assesses the suitability of trying the adolescent as an adult.
3 These protections are - based on the understanding that adolescence is a temporary developmental stage characterised by immature judgement and underdeveloped impulse control.
This is recognised by the Supreme Court in Dr. Subramanian Swamy v. Raju (2014) and by the UN Committee on the Rights of the Child.
juvenile justice system emphasises
rehabilitation and social reintegration over punishment, acknowledging that adolescents, due to their high neuroplasticity, are more receptive to change.
Seeking accountability
JJ Act empowers the multidisciplinary
When an adolescent is found to have committed a crime, the JJ Act empowers the multidisciplinary ,
A conviction can result in institutionalisation of the offender, but with the express goal of rehabilitation.
The JJBs can prescribe interventions such as
- therapy,
- psychiatric support,
- and de-addiction during and after institutionalisation.
cases of deaths caused by motor accidents
innovative approaches have been attempted in Indonesia and the U.S. that enable offenders to face their victims and focus on personal accountability.
In some jurisdictions, convicted drunk drivers are required to face a victim impact panel (VIP) of relatives of victims who express how the incident affected their lives.
state create space for the needs of the victims
that may range from compensation to an apology or explanation or acknowledgement of responsibility by the offender.
They also expose adolescents to an education regarding accountability and sensitivity to fellow human beings to foster their transformation into responsible adults.
Facing the victims or their families can be a powerful and transformative experience for offenders.
Responses of the juvenile justice system can include the family members and communities of both the offender and the victim and can involve counselling the offender’s family. This approach recognises that crime is often the outcome of a complex interplay of societal and psychological factors.
However, the potential of the juvenile justice system remains unfulfilled.Trying adolescents as adults sidesteps the problem of weak implementation of the juvenile justice system. The issue lies not in the perceived leniency or “misuse” of the system, but rather in the failure to fully implement its foundational principles.
source the hindu
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