Before understanding the rights of juveniles, it’s important to define who qualifies as a juvenile and what juvenile delinquency involves. According to clause 35, section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015, a juvenile refers to any child under 18 years of age. When a juvenile engages in criminal activities or delinquent acts that violate societal norms, they are called juvenile delinquents. The Juvenile Justice Act provides guidelines for handling children in need of care and protection, as well as those who are in conflict with the law.

This article focuses on children in conflict with the law—those accused or found guilty of committing crimes while under the age of 18. We will now explore the rights granted to these children in India.

Why Do Juveniles Need Special Rights?

Convicting criminals, whether they are adults or juveniles, remains important. However, the approach to juvenile delinquency must consider the root causes. Several factors, including poverty, lack of education, poor parenting, and bad companionship, contribute to the rise of juvenile delinquency in India. Imposing harsh adult-like punishments on juveniles does not always result in reformation.

Children may engage in criminal activities under negative influences, so the focus should be on rehabilitation rather than strict penalties. Providing juveniles with special rights ensures that they have the chance to improve and reintegrate into society.

Key Rights of Juveniles in Criminal Cases

Juvenile offenders have most of the same rights that adults receive in criminal cases, with the additional goal of giving them an opportunity for reformation. Below are the key rights granted to juvenile offenders:

1. Right to Legal Representation: Juveniles have the right to hire a legal representative to defend them in court.
2. Right to Cross-Examine Witnesses: Juveniles can cross-examine witnesses during their trials, just like adult offenders.
3. Right to Present Evidence: Juvenile offenders can present evidence in their defense during court proceedings.
4. Right Against Self-Incrimination: Under Article 20(3) of the Indian Constitution, juveniles hold the right to remain silent during the trial to avoid self-incrimination.
5. Right to a Trial Transcript: Juveniles have the right to obtain a transcript of their trial for future legal proceedings.
6. Right to Appeal: Juvenile offenders can appeal the court’s ruling, seeking a higher judgment.
7. Right to a Fair and Speedy Trial: Juveniles deserve a fair and speedy trial to minimize mental trauma during the process.
8. Right to No Jury: The Juvenile Justice Boards handle juvenile delinquency cases, eliminating the need for a jury.
9. Right to Parental Presence: Juveniles are entitled to have their parents or guardians present during trial proceedings.
10. Right to Privacy: The identity of juvenile offenders remains protected. Anyone who discloses their identity can face legal consequences.

Rehabilitation Options for Juvenile Offenders

In addition to their legal rights, juvenile offenders may be sent to special homes, foster families, or observation homes to focus on rehabilitation rather than punishment. These options aim to reform juvenile offenders and help them reintegrate into society as responsible citizens.

Conclusion

The rising number of juvenile delinquency cases remains a serious concern in India. However, the rights provided to juvenile offenders under the Juvenile Justice Act, 2015, are crucial for protecting them and giving them the opportunity to reform. Guaranteeing these rights not only supports the reformation of juvenile offenders but also ensures their potential contribution to society. By prioritizing rehabilitation over punishment, we invest in the future of these children and the nation.

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RIGHTS OF VICTIMS UNDER BNSS,2023