Sunday, 25 May 2025

LLM Notes: International Contribution of Organizations to Juvenile Justice in India

 Global and regional organizations have played a crucial role in shaping, supporting, and monitoring juvenile justice reforms in India. Their contributions span legislative guidance, direct program support, capacity building, and advocacy.

Key International Standards and Instruments

  • The UN Convention on the Rights of the Child (CRC), ratified by India in 1992, is the cornerstone for juvenile justice, mandating child-sensitive legal frameworks and procedures.

  • Other relevant UN instruments include:

    • Beijing Rules: United Nations Standard Minimum Rules for the Administration of Juvenile Justice.

    • Havana Rules: UN Rules for the Protection of Juveniles Deprived of their Liberty.

    • Riyadh Guidelines: UN Guidelines for the Prevention of Juvenile Delinquency.

    • Guidelines for Action on Children in the Criminal Justice System and Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime.

These instruments have guided India’s legislative reforms, including the Juvenile Justice (Care and Protection of Children) Act, 2000 and its subsequent amendments.

Roles of International Organizations

UNICEF

  • UNICEF India collaborates with government and civil society to implement child-sensitive procedures for children in conflict with the law and child victims or witnesses of crime.

  • Provides training for professionals (police, judiciary, social workers) to ensure child-friendly justice and supports the development of rehabilitation and reintegration programs.

Penal Reform International (PRI)

  • PRI partners with Indian organizations to promote international standards, such as alternatives to detention, restorative justice, and the best interest of the child.

  • Participates in capacity-building events and policy dialogues to share global best practices.

Save the Children, ChildFund, and Cordaid

  • These organizations have supported research, advocacy, and direct interventions to improve juvenile justice administration in India.

  • They co-organized the International Colloquium on Juvenile Justice in Delhi, fostering exchange of ideas and comparative policy analysis among experts and practitioners.

International Juvenile Justice Observatory (IJJO)

  • Works to promote international cooperation and share innovative approaches to juvenile justice, influencing policy and practice in India.

Advocacy and Capacity Building

  • International agencies have lobbied for raising the minimum age of criminal responsibility, ensuring separation of children in conflict with the law from those in need of care, and promoting alternatives to detention.

  • They have provided technical assistance to improve data systems, legal aid access, and the functioning of Juvenile Justice Boards.

  • Training programs for police, magistrates, and government officials have been supported to align practices with international norms.

Impact on Indian Legislation and Practice

  • International conventions and standards have directly influenced India's Juvenile Justice Act and its amendments, pushing for a rights-based, rehabilitative approach.

  • Recommendations from UN bodies have led to improvements in legal frameworks, procedural safeguards, and child protection mechanisms

  • International partnerships have increased the visibility of juvenile justice issues among policymakers and the public, fostering a more child-centric justice system.


In summary: International organizations have shaped juvenile justice in India through legislative guidance, technical support, training, and advocacy, ensuring alignment with global child rights standards and promoting a rehabilitative rather than punitive approach.

Juvenile Justice in India: Easy Explanation & Mind Map

Key Points to Remember

1. What is Juvenile Justice?

  • Juvenile justice means fair treatment for children (under 18) who break the law or need protection, focusing on reform, not punishment

2. Who is a Juvenile?

  • Any person below 18 years of age.

  • Two types:

    • Children in conflict with law (committed an offence)

    • Children in need of care and protection (abandoned, orphaned, etc.

3. Main Law: Juvenile Justice (Care and Protection of Children) Act, 2015

  • Replaced the 2000 Act.

  • Key features:

    • Juvenile Justice Boards (JJBs) in every district to handle juvenile cases.

    • Special homes, observation homes for care and rehabilitation.

    • Children aged 16-18 can be tried as adults for heinous crimes (like murder, rape).

    • Focus on reform and reintegration, not punishment.

4. Important Provisions

  • No child below 18 can be sent to regular jail.

  • Maximum 3 years in special home (except if tried as adult for heinous crime).

  • Foster care and adoption processes improved.

  • Strict punishments for giving drugs/alcohol to children, corporal punishment, and child trafficking.

  • Appeals can go from JJB to Children’s Court to High Court

5. Principles of Juvenile Justice System

  • Children should be corrected, not punished.

  • Non-penal, community-based treatment (homes, counseling).

  • Based on “doli incapax” (children lack full criminal intent).

6. Recent Changes

  • 2015 Act allows some juveniles (16-18) to be tried as adults for serious crimes.

  • 2021 Amendment Bill further updated procedures.


Mind Map: Juvenile Justice in India

Juvenile Justice in India
├── Definition
│ ├─ Juvenile/Child: <18 years
│ └─ Types:
│ ├─ Conflict with law
│ └─ Need care/protection
├── Main Law: JJ Act 2015
│ ├─ Replaced 2000 Act
│ ├─ JJBs in every district
│ ├─ Special/Observation Homes
│ ├─ Foster Care & Adoption
│ ├─ Appeals: JJB → Children’s Court → High Court
│ └─ Heinous Crimes: 16-18 yrs can be tried as adults
├── Principles
│ ├─ Reform, not punishment
│ ├─ Non-penal treatment
│ └─ Doli incapax (no full criminal intent)
├── Provisions
│ ├─ Max 3 years in special home (unless tried as adult)
│ ├─ No jail for <18 yrs
│ ├─ Strict punishment for:
│ │ ├─ Giving drugs/alcohol
│ │ ├─ Corporal punishment
│ │ └─ Child trafficking
│ └─ Improved adoption/foster care
└── Recent Updates
├─ 2015: Heinous crimes provision
└─ 2021: Further amendments

Tips to Memorize

  • JJ Act = Juvenile Justice Act (2015)

  • JJB = Juvenile Justice Board (handles cases)

  • Under 18 = Juvenile/Child

  • Focus = Reform & Rehabilitation, NOT Punishment

  • 16-18 + Heinous Crime = Can be tried as Adult

  • No Jail for Juveniles (except if tried as adult for heinous crime)

  • Foster Care, Adoption, and Protection = Key Features

Use the mind map to visualize the structure and flow for quick revision before exams!


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