CJJ213 | Children in Conflict with Law: A Clinical Exploration of the Juvenile Justice System

Describe the scope and activities of the clinic. 

This clinic will present a practitioner’s perspective of the juvenile justice system in India with a primary focus on juvenile delinquency and examine how the state, children’s institutions, and other actors in the juvenile justice system respond to children in conflict with law (CICL). Students will gain insight into the procedures concerning CICLs before the Juvenile Justice Boards and the Children’s Court, as well as their powers, functions, and procedures within the framework of the Juvenile Justice (Care and Protection of Children) Act, 2015. The clinic will also focus on the interface of these procedures with the Protection of Children from Sexual Offences Act, 2012, especially in cases where CICLs are implicated in cases of romantic relationships under the Act.

Describe how you have approached the teaching component of the clinic – What material will you depend on for the teaching component and why? 

This clinic will adopt a two-pronged approach. In the theoretical aspect, students will delve into the philosophies and principles of juvenile justice and child protection, alongside exploring basic concepts of juvenile deviant behavior and delinquency. They will also examine the psycho-social aspects and factors influencing vulnerability, deviant behavior, and delinquency. Furthermore, students will be introduced to the concept of restorative justice, with a focus on exploring principles that could be made applicable to the Indian juvenile justice system for safeguarding the rights of CICLs.

The practical component of the clinic will be facilitated through a case study method. Students will receive redacted copies of real cases handled by the Centre for Child and the Law under its project “Access for Justice for Children in the Juvenile Justice System.” They will be tasked with simulating the process of drafting and presenting arguments as they would in a courtroom setting, tracing the entire case journey from framing charges to disposal. Students will assume specific roles within the case studies, such as juvenile justice lawyers defending juveniles before the Juvenile Justice Boards or public prosecutors representing a POCSO victim where the accused is a CICL (exploring the dichotomy between age of consent, consensual adolescent romantic relationships and the dichotomy between POCSO Act and JJ Act). Emphasis will be placed on thorough analysis of the assigned cases, with students identifying key legal issues, arguments, and court decisions. Additionally, guest speakers and legal practitioners in the field will be invited to interact with the students.

Pedagogical method: lectures, Socratic discussion, seminar style discussion, response papers or group work, field work;

The course will be primarily taught through classroom discussions on the readings assigned and the case study method. By adopting the flipped classroom approach, students would be encouraged to apply the knowledge gained from the pre-class materials to real-world situations and the case studies discussed in class. Individual and group presentations would encourage critical reflection and debates on key issues within juvenile justice, such as the age of criminal responsibility, diversion of juveniles to the adult criminal justice systems, procedures adopted by actors in the juvenile justice system and the role of socio-economic and psychosocial factors. In the second week, students will be divided into groups and each group will be assigned actual cases to present in class. Students will be provided with sample pleadings.

This clinic elective would be facilitated with student engagement and participation. Students would be evaluated based on their case study presentations, participation in discussions, written reflections, and understanding of the legal principles covered.

Please note that this course will involve discussion on sexual abuse/violence.

How does it relate to the programme curriculum: Does it develop on a prior course in the programme or is it foundational or standalone? 

This is a standalone course.

CLINIC OBJECTIVES 

Through the course of the elective students will understand the specific skills needed to effectively represent children, and will also learn legal and policy research. They will develop subject matter expertise on the Juvenile Justice (Care and Protection) Act 2015 and the Model Rules 2016 (as amended up to 2022).

Students will learn the following clinical skills:

● Drafting Legal Submissions and Advocacy Skills: Students will gain experience in drafting legal submissions for presentation before juvenile justice boards and the Children’s Court. Students will develop advocacy skills to effectively represent the interests of juvenile clients in legal proceedings.

● Case Strategy Development: Through case studies and simulations, students will develop the ability to strategize legal claims and defenses based on the facts and legal principles relevant to each case.

● Understanding of Regulatory Bodies: Students will acquire an understanding of the roles and functions of regulatory bodies involved in juvenile justice, such as Juvenile Justice Boards, Child Welfare Committees and Children’s Court

● Data Collection and Analysis: Students will learn how to collect and analyze relevant data, including demographic information, case facts, and outcomes, to inform their legal strategies and advocacy efforts.

● Research Output: Students will produce research papers and policy briefs and conduct policy analyses on topics related to juvenile justice reform, evaluating existing laws, regulations, and practices, and making recommendations for policy changes or legislative reforms. Students would work closely with the Juvenile Justice Chair and aid in preparation of primers and resource materials of the Chair.

LOCATION OF CLINIC 

The clinic will be conducted from the NLSIU campus.