The recent death of 15-year-old Mihir Ahammed by suicide in Kerala has raised concerns about the mental health of children and how bullying and ragging leave a lasting impact on them. His mother, Rajna PM, alleged that her son was subjected to relentless bullying by schoolmates, triggering discourse about awarding strict punishment to those accused. While the legal procedure for prosecuting adults in such cases is well laid out, when it comes to children, punishment is a more nuanced topic that requires careful examination of several factors.
Bullying is defined as repeated acts of aggression, including verbal, physical, and social behaviour, with the intention to inflict physical, social, or psychological harm. It does not have a special law in India that deems it a crime, but such acts can attract punishment based on their impact. Swagata Raha, legal researcher, Director of Research and Co-Director of Restorative Practices at Enfold India, told TNM that dealing with bullying cannot be a knee-jerk response, and it is vital to look at the existing legal framework.
Several laws are in place to try adults who commit such acts under the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS). But in the case of children, the laws prioritise reformation over punishment owing to their young age and the possibility of behavioural correction.
The Juvenile Justice (Care and Protection of Children) Act, 2015, deals with cases related to minors accused of committing crimes, and such children are referred to by two terms: Child in Conflict with Law (CCL) and Child in Need of Care and Protection (CNCP). The initial step is to hold an inquiry, and this is done by the Juvenile Justice Board (JJB). Further, the National Commission for Protection of Child Rights (NCPCR) has also laid detailed guidelines on how crimes committed by CCLs are to be handled.
“The law treats each CCL individually based on their culpability, even though it might be a group that might have contributed to it. The measures are designed to promote rehabilitation. It could be anything, such as admonition, community service, a fine, or being sent to a special home for up to three years. If the crime is heinous, then the CCL above 16 years can be tried as an adult if the JJB decides,” Swagata added.
How are minors accused of crimes investigated?
According to the JJ Act, minors accused of crimes should not be kept in a police lockup or lodged in jail. The child will be placed under the charge of the special juvenile police unit or the designated child welfare police officer, who shall produce the child before the JJB within 24 hours of custody.
Once brought before the Board, bail can be issued even if it is a non-bailable offence, as per the BNSS. The Board must probe whether the child has been subjected to any ill-treatment by the police or any other person. It should also ensure that a child-friendly atmosphere is maintained during the inquiry, and if the child is under 16 years old, cases shall be investigated and disposed of if the offence is petty. For heinous crimes, the Board will take a call.
For CCLs above 16 years, the Board should carry out an assessment of the child’s mental and physical capacity to commit such an offence, ability to understand the consequences, and the circumstances that led to the crime.
“The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review the pendency of cases of the Board once in every three months and shall direct the Board to increase the frequency of its sittings or may recommend the constitution of additional Boards,” Section 16 (1) of the Juvenile Justice Act states.
In case the Board finds that an offence is committed by a child, either petty or serious, the Board can:
(a) allow the child to go home after advice or admonition by following appropriate inquiry and counselling to the child and to their parents or guardians;
(b) direct the child to participate in group counselling and similar activities;
(c) order the child to perform community service under the supervision of an organisation or institution, or a specified person, persons or group of persons identified by the Board;
(d) order the child or parents or the guardian of the child to pay a fine: Provided that, in case the child is working, it may be ensured that the provisions of any labour law for the time being in force are not violated;
(e) direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or fit person, on such parent, guardian or fit person executing a bond, with or without surety, as the Board may require, for the good behaviour and child’s well-being for any period not exceeding three years;
(f) direct the child to be released on probation of good conduct and placed under the care and supervision of any fit facility for ensuring the good behaviour and child’s well-being for any period not exceeding three years;
(g) direct the child to be sent to a special home, for such period, not exceeding three years, as it thinks fit, for providing reformative services including education, skill development, counselling, behaviour modification therapy, and psychiatric support during the period of stay in the special home:
In rare cases where the Board finds there is a need for a trial of the child as an adult, then the Board may order the transfer of the case to the Children’s Court having jurisdiction to try such offences.
Children’s Court and guilty minors
The Children’s Court first takes up the case and decides whether there is a need for a trial of the minor in question. If not, an order will be issued by the Board. All verdicts by the court shall include an individual care plan for the rehabilitation of the child, such as follow-up by the probation officer, the District Child Protection Unit, or a social worker.
The court has to ensure the child is kept in custody at a safe place till they attain the age of 21 years. Educational services, skill development, alternative therapy such as counselling, behaviour modification therapy, and psychiatric support should be provided to the child till they reach 21 years.
When the child reaches 21 years of age and is yet to complete the term of stay, the court should assess whether they can be released. A monitoring authority would be appointed for the remainder of the prescribed term of their stay. If there is no progress, the court will send them to jail.
In the case of abetment of suicide, which is the allegation raised by Mihir’s mother against his peers, it is an adult who would face a greater quantum of punishment than a child. Additionally, when a group of children are accused of a crime, the quantum of punishment is less severe than for a child accused of independently committing a crime.
Swagata explained that the focus should be on proactive measures and that we must not wait for incidents to happen. “The school is a place where the children spend a lot of time. What is it that schools can do in terms of building life skills, interpersonal relationships, empathy, and emotional understanding among children to deal with each other is something that should be discussed,” Swagata said.