The Author, Haritha Dhinakaran, is a 2nd year, BBA.LLB student of Symbiosis Law School, Pune. She is currently interning with LatestLaws.com.

1. What is the United Nations Standard Minimum Rules for the Administration of Juvenile Justice? When was it adopted?

Ans: This set of rules is also referred to as the Beijing Rules. These rules have been implemented due to a resolution of the United Nations General Assembly with regards the treatment of Juvenile and Underage offenders and prisoners in member nations. The drafting of these rules took place at a Conference in Beijing. Initially, these rules were named as Bill of Rights for Young Offenders but gradually these rules were renamed as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice.

These rules were adopted by the United Nations General Assembly on 29th of November, 1985.

  1. Are the rules legally binding on the member countries?

Ans: Any Guidelines reinstated in this form by the United Nations is not legally binding per se, but these rules definitely instill a sense of moral commitment by governments and provides a practical guidance to various governments for the fulfillment of human rights.

  1. What is the objective behind the implementation of such rules by the United Nations?

Ans: These Rules were implemented as a means to strengthen the juvenile justice system across the whole world. The aim and objective of this initiative have been highlighted in Rule 5.

  1. One of the main objectives is the well-being of the Juvenile, emotionally, mentally and physically. This has been a primary focus of legal systems in which underage offenders are dealt by family courts or by administrative authorities, but such a well-being of a juvenile must also be emphasized in a criminal court model, so as to ensure that the penalties awarded for their offences are not merely punitive in nature.
  2. The second objective behind the implementation of these rules is “the principle of proportionality”. This concept has acted as a mechanism to curb any punitive sanctions. The response and reformative measure awarded to juvenile offenders should be based on not just the gravity of the offence committed but also the personal circumstances of the offender. Personal factors such as the family situation, social status, the injury caused due to the offence should give effect to the proportionality of the reaction.

Sometimes, the reaction given towards an offence to ensure the welfare of the juvenile offender may go beyond necessity and therefore may infringe upon their fundamental rights. Therefore, the proportionality of the reactions to the offender and the offence, including that of the victim must be safeguarded.

Rule 5 therefore calls for a mere fair reaction towards any case of juvenile delinquency and crime.

  1. Who are “Juveniles” and what is an “Offence” according to the Beijing Rules?

Ans: Rule 2 lays down the meaning of the terms “Juvenile” and “Offence”. The Standard Minimum Rules and the terms entailed in it are so formulated so as to be applicable within different legal systems, and at the same time, set some minimum standards for the proper treatment of offenders.

According to these rules- 

A Juvenile is a young person or a child, who under the jurisdiction of the different legal systems as they may be subject to, can be dealt with for an offence that is different from that of an adult.

An offence can be defined as any act or omission or a behavior in general that is punishable by law under different legal systems.

  1. What is the age of Criminal Responsibility according to the Beijing Rules?

Ans: The minimum age for a criminal responsibility of a Juvenile varies immensely and is dependent upon the history and culture of the legal system of that country. An unlikely but a modern approach would consider whether the child can live up to the psychological and the moral components of criminal responsibility according to their individual discernment and their understanding be held responsible for their extreme antisocial behavior.

Therefore, efforts should be made to agree on a lowest age that is reasonable and is applicable globally and internationally.

  1. What are the rights of the Juveniles according to these rules?

Ans: There are certain minimum rights that are elaborated in Rule 7 as the Rights of Juveniles-

  1. Presumption of Innocence
  2. Right to get notifications on the charges
  3. Right to remain silent
  4. Right to counsel
  5. Right to have a guardian or a parent present
  6. Right to the confrontation and cross- examination of the witnesses
  7. Right to appeal to a higher authority

           Such rights are guaranteed at all the stages of the proceedings.

  1. What is “Diversion”?

Ans: Diversion can be defined as the process of removing the complex criminal justice system and instead seek towards the redirection of services of the community. This is a practice that is followed across many legal systems in a formal as well as an informal manner. This process helps in lessening the negative effects of any subsequent proceedings in any juvenile justice administration.

This process helps prevent the stigma of being convicted, sentenced and punished. Diversion thus seems to be at the outset leads to an optimal response. This also refers to non-intervention. For example, in cases where informal social institutions have already taken action, like the family, school and so forth.

Diversion can be used by the police in their decision making, by the prosecution, or by agencies such as the courts, tribunals, boards or councils.

  1. What is Detention Pending Trial?

Ans: Detention pending is specified under Rule 13, this has been labeled as a measure of a last resort for the shortest period of time. According to the rules, this method of Detention Pending Trial should be always replaced by alternative measures, like closely supervising, intensive care or any placements with a family member or in an educational setting.

Such juveniles who are under the Detention Pending Trial are entitled to treatment under Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations.

This rule has also stated that the juveniles are supposed to be kept separate from adults and must be detained as part of a separate institution. While under custody, they are entitled to all kinds of care, protection, educational, medical and physical assistance.

  1. Who are the competent authorities to adjudicate such Juvenile offenders?

Ans: The list of competent authorities has been encapsulated under Rule 14 of the Beijing Rules. According to Rule 14, a “Competent Authorities” are the Courts, Tribunals, boards or council and ensure that the principles of Rule of Law that is fair and just trial is followed.

“Competent Authority” also tends to include the peoples who sit or preside over any type of courts and tribunals (like a judge) or other informal communities and conflict resolution agencies that has an adjudicatory nature.

  1. What right is the Juvenile Offender entitled to during the course of the proceedings?

Ans: The Juvenile Offender during the entire course of the proceedings shall have the rights to be represented by a legal advisor, and has the right to seek for free legal aid if there is a provision with that regards in the country in which they are being tried in. The parents and guardians are also entitled to participate in the proceedings and the competent authority would require them to do so in lieu of an interest over the juvenile. However, in a few cases the parents may be denied participation if the competent authority believes that their exclusion is necessary.

  1. What are the various measures of disposition of cases that are available to a competent authority?

Ans: A multiple number of measures of disposition have been made available to the competent authority as enshrined under Rule 18, with a little flexibility that is totally subjective. Some of these measures are-

  1. Guidance, care and proper supervision;
  2. Ordering for a Probation;
  3. Community Service;
  4. Restitution, Financial Penalties and compensation;
  5. Intermediate Treatments and other orders for treatments;
  6. Orders for participation in group counseling and other activities;
  7. Orders that relate to foster care, educational institutions or other living communities;
  8. And other relevant orders that would lead to the future betterment of the juvenile.

The juvenile has to be subjected to parental supervision, either partly or entirely, unless the circumstances of the case deem their presence unnecessary.

  1. What is the objective behind Institutional Treatment?

Ans: The objective behind institutional training and treatment of juveniles placed in institutions is for the provision of proper care, education, vocational skills and secure protection, just to assist and to ensure a socially productive and constructive role in a society.

One of the many conditions when Juveniles are put into Institutions are-

  1. Juveniles in Institutions would be kept away from adults and would be detained in an institution that is separate.
  2. Juvenile female offenders placed under an institution require a special treatment as to their needs and problems. They under no compromise would be provided lesser care, protection or treatment.
  3. An institutionalized juvenile has the right to be accessed by parents and guardians.
  4. A co-operation of the form between Inter-ministries and Inter-departments shall be developed for the provision of a proper and adequate education and vocational training to the juveniles who are placed under an institution. This is to ensure that, under no circumstance they would have to quit the institution based on educational disadvantage.

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Haritha Dhinakaran