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JJ Act Notes Brief

The document provides a comprehensive overview of the Juvenile Justice Act in India, detailing its historical evolution, key provisions, and the roles of various stakeholders in the juvenile justice system. It discusses the progression from the Juvenile Justice Act of 1986 to the 2015 Act, highlighting the emphasis on rehabilitation and the alignment with international standards. Additionally, it compares India's juvenile justice system with those of other countries, emphasizing the need for reform and the protection of children's rights.

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0% found this document useful (0 votes)
29 views60 pages

JJ Act Notes Brief

The document provides a comprehensive overview of the Juvenile Justice Act in India, detailing its historical evolution, key provisions, and the roles of various stakeholders in the juvenile justice system. It discusses the progression from the Juvenile Justice Act of 1986 to the 2015 Act, highlighting the emphasis on rehabilitation and the alignment with international standards. Additionally, it compares India's juvenile justice system with those of other countries, emphasizing the need for reform and the protection of children's rights.

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© © All Rights Reserved
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Table of Contents

• Introduction
• The Historical Evolution of Juvenile Justice Act in India
• Juvenile Justice is construed
• IPC and CrPC effect in Juvenile Justice
• Juvenile Justice System Comparison on Global level
• Juvenile Justice Act, 1986
• Juvenile Justice Act of 2000
• Applicability of the Act
• Non-applicability of any other Act for the time being in
force
• Juvenile Justice Board
• Juveniles in conflict with the law
• Process
• Children’s home
• Inspection
• Juvenile Justice Act of 2015
• Important definitions under the Act
• Important Definitions
• Rule 2.2 of the Beijing Rules mentioned
• Recent amendments in the Juvenile Justice Act Bill
2015 passed by the Lok Sabha
• Recommendations of the Justice Verma Committee
Report, 2013
• General principles of care and protection of children
• What are two categories of Children who are protected
under the Juvenile Justice
• Children in conflict with the law
• Children in need of care and protection
• What is the Institutional Care provided for the juveniles?
• Observation Homes
• Special Homes
• Children’s Home
• Shelter Homes
• What is the Non-Institutional Care provided for the
juveniles?
• Foster Care
• Adoption
• Sponsorship
• After-care Organisations
• What is the role of the police?
• Special Juvenile Police
• What is the role of state government?
• What is the role of the Juvenile Justice Board?
• What is the role of Social workers and Non-
governmental Organisations?
• Limitations
• Procedure in relation to children in conflict with the law
• Right at the time of apprehension
• Procedure to be followed
• Principle of Right to maintain privacy and
Confidentiality- Is applied when a crime is committed
and child under trial in police custody inside the juvenile
court
• Child welfare committee
• Role of the committee
• Procedure for the Committee
• Power of Committee
• Functions and Responsibilities of Committee
• Procedures to be followed for children who need care
• Procedure
• Rehabilitation and Social Reintegration
• Institutional personnel and training
• Right to be Reformed
• Narotam Singh v. The State of Punjab, AIR 1978 SC
1542; Section 27 CrPC
• Rules relating to adoption
• Meaning of Adoption
• Case Study: L.K. Pandey v. Association of India
• Orders
• Offences against Children
• Draft amendment in Rules
• How is the JJ Act in India is different from other
countries?
• The need for the legislation
• Conclusion
• Reference

Introduction
“There can be no more intense discovery of a society’s spirit
than how it treats its youngsters.”
-Nelson Mandela

“With their inception, youth lawfulness has preceded the belief


that the youngsters and juveniles, by dint of their relative
immaturity, are less ready to control their desire, less ready to
comprehend the reality of the offences and less ready to
foresee the consequences of their action.”

– John Pitts

An apparent set of principles focused on reformation and


rehabilitation has dominated academic and political discourse
concerning the drafting of laws related to juvenile justice and
children in conflict with the law. The Juvenile Justice Act of
1986 and its subsequent amendments can be considered in
many ways a landmark in signifying changes in the thought
process of lawmakers. At the turn of the 21st century, a need
was felt to update the laws bearing in mind prescribed
standards set by the UN Convention on the Rights of the Child,
1989. The UN Standard Minimum Rules for Administration of
Juvenile Justice, 1985, as well as the UN Rules for Protection of
Juveniles Deprived of their Liberty, 1990. The legislative
exercise subsequently culminated into the Juvenile Justice
(Care and Protection of Children) Act, 2000, along with the
Juvenile Justice (Care and Protection of Children) Model Rules
of 2000, are replaced by the Juvenile Justice (Care and
Protection of Children) Model Rules of 2007. In the wake of the
2012 Delhi gangrape and murder case, one of the accused,
who was a juvenile, was sentenced to three years in a
reformation home as per the provisions of the juvenile justice
Act, 2000. In light of the Supreme Court judgement upholding
the constitutional validity of the Act, in December 2015, the
Delhi High Court held itself to be bound by the provisions and
refused to extend the sentence of the accused. This led to a
widespread feeling of a failure of justice, with the masses
protesting in unity with the victim’s family. Drawing much flak
from various sections to correct the supposed gap in the
previous act, the government delivered the juvenile justice
(Care and Protection of Children) Bill, 2014, which was
surpassed by the Parliament in its present shape on 22nd
December 2015. It acquired the President’s assent on 31st
December 2015, and came into impact on 15th January 2016,
as the juvenile justice (Care and Protection of Children) Act,
2015.

In order to achieve the objectives of the United Nations


Convention on the Rights of the Child as ratified by India on 11
December 1992, the Juvenile Justice Act has been
promulgated. The procedural guarantees applicable to children
in conflict with the law are specified in this law. The current law
addresses the problems of the existing law, such as delays in
adoption processes, the high number of pending cases, the
accountability of institutions, and so on.

The law also addresses the growing number of crimes


committed by children aged 16 to 18 in recent years and by
children in conflict with the law. Since January 15, 2016, the
Juvenile Justice (Care and Protection of Children) Act, 2015 has
come into force. It repeals the Juvenile Justice (Care and
Protection of Children) Act, 2000.

If a child is found guilty of committing a crime, then the


Juvenile justice board takes several measures regarding the
minor’s reformation and they are as follows:

• Allow the child to return home after proper advice and


caution regarding the crime that the child has committed
and what is the punishment of that crime as per the
provisions of law.
• Juvenile justice boards sometimes also instruct the
children to engage in social work and social welfare so
that this engagement can help in imparting good social
values in the accused child.
• It also makes children busy in group counselling and
group activities as much as possible so that the child can
learn the value of working together and can learn how to
cooperate with each other in a society.
• If the child has committed a grave crime then, in that
case, the child can be sent to the reform house for a
minimum of 3 years or it can be exceeded if required.
• Sometimes the Juvenile justice board releases the
convicted child on trial if the child is seen to exhibit good
conduct towards the society or an individual.

The Historical Evolution of


Juvenile Justice Act in India
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Juvenile Justice Care and Protection Act, 2015, please
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The United Nations Minimum Rules for Administration of
Juvenile Justice of 1985 ratified by the United Nations Member
States in Beijing in 1985, also known as the Beijing Rules, set
out the rules, general principles and rules governing
investigation and prosecution, adjudication, delivery, non-
institutional treatment and institutional treatment. Two
essential concepts are explained in these principles. They are-

1. Diversion– If children are treated in the criminal justice


system, stigmatizing criminality increases the authority of
the child, whose authority has been established from Rule
11 of the Criminal Code. Therefore, these principles aim at
minimizing the contact of minors with the criminal justice
system. To divert the child from the system, the second
part of the rule legitimizes police officers, prosecutors and
other authorities. This is why juvenile court judges do not
wear the black coat and other judicial officials also try not
to be as formal and put the child or minor at ease.
2. Detention– A deliberate sentence imposed on minors but
imposed for the shortest possible period and called
“detention as a last resort”.

Juvenile Justice is construed


A juvenile felon is an adolescent who has been convicted or
has been found condemned for an offence that is punishable by
law. Such a juvenile is known as Child in Conflict with Law
(CCL) according to juvenile justice (Care and Protection of
Children) Act, 2015. This meaning of ‘Juvenile’ is obscure and
bears no solid importance and requires more further
discussion. Further, the act done by a child under seven years
old is found in strife with the law and not treated as an offence
and isn’t culpable under any act and such a child is certifiably
not a criminal according to Section 82 of Indian Penal Code.
Thus, a child whose age is under seven years old can’t be
known as a juvenile and is not convicted of any crime. The
specific juvenile justice Body and its partners need to control
the juvenile offences as well as wrongdoings. An offence is any
conduct that is culpable under the separate lawful system and
juvenile misconduct is any conduct done by juveniles which is
anomalous to the society and not culpable under the Indian
Penal Code. In the Indian juvenile justice system, no reprobate
child(wrongdoing) is responsible to confront the legitimate
procedures for their conduct reformation.

IPC and CrPC effect in Juvenile Justice


IPC and CrPC have a huge effect in dealing with the crime of
minors in Juvenile Justice. We have seen in the above
arguments how sections of Juvenile Justice Act, 2015 explain
about the whole constitution of Juvenile justice board and
explain in detail about the requirement needed to be a member
of Juvenile justice board and in what circumstances they can
be terminated. But, IPC and CrPC also play a major role in
deciding the cases of a juvenile by proper implementation of
sections of Criminal law.

The Indian Penal Code (IPC), 1860 demarcates the punishment


of a child, on the basis of age. According to Section 82 of IPC,
“Nothing is an offence which is done by a child under seven
years of age.” And, Section 83 of IPC clearly states that
“Nothing is an offence which is done by a child who is above
seven years of age and under the age of 12 who has not
attained sufficient maturity to understand the consequences of
their actions. These both sections of IPC give a better view of
the Juvenile justice board.

In the context of CrPC, the code of criminal procedure talks


about the jurisdiction of juveniles through the help of Section
27. According to Section 27 of CrPC, any offence committed by
a person who is below the age of 16 whose punishment does
not include death or imprisonment will be dealt with the law
which provides treatment, training, imparting good social
values and rehabilitation of convicted minors.

Another Section of CrPC which is most essential for Juveniles


so that the juveniles can be benefited from it is Section 437 of
The Code of Criminal Procedure. According to this section, any
child who is convicted of any crime can request or demand
anticipatory bail which is maintainable in the High Court as well
as the Court of Session.

However, since there are very few cases of anticipatory bail for
minors, The Juvenile Justice Board finds it difficult to deliver
judgments and thus making the system of anticipatory bails in
case of minors, more time consuming than in the case of
adults.

Juvenile Justice System Comparison on


Global level
Juvenile Justice is a concept which is prevalent in India as well
as other Countries where the Juvenile Justice is on the rise. As
above, the UN General Assembly adopted a Convention on the
Rights of the Child and made the member state adhere to it
and follow the rules and principles which were laid down in that
convention for the security and protection of child rights and
development of a child.

• The juvenile justice system in the US is a flexible,


effective and most active system among all the countries.
In India children who commit crime are put under trial and
put in rehabilitation to reform the child and change his
behaviour and teach the value of togetherness and other
social values. But, in the US the juvenile is also treated as
an adult if the age of juvenile is nearer to be adult or in
the circumstances where the juvenile is a repeated
offender.
• The juvenile justice system in the UK came in the year
of 1908 in England and juvenile courts were set up in
order to protect the rights of the children and care of the
children. In the UK the Juvenile court also focuses on the
negative element which is present in the society which
affects the children to inhabit negative elements and
commit crime towards the society as well as an individual.
And to make this Juvenile justice more effective in the UK
they came up with two acts i.e. Children and Young
Offenders Act,1993 and Criminal Justice Act, 1948.
The Children and Young Offenders Act, 1993 act provides
immense powers to the juvenile court in the UK. Any child who
commits offence will be put into trial in Juvenile court and not
in any other court. Whereas, the Criminal Justice Act, 1948
deals with the rights of the minor offenders or juvenile
offenders. The main motive of this act was to provide security
to the juveniles and also protect the rights of juveniles.

Juvenile Justice Act, 1986


Following the adoption of the United Nations Minimum Rules
for Administration of Juvenile Justice of 1985, the term “minor”
used in international law was coined for the first time. With the
adoption of the Juvenile Justice Act of 1986, this change in
terminology had a considerable effect on domestic law.

Before 1979, while Lakshadweep, Arunachal Pradesh, Tripura,


Chandigarh and Sikkim had the Children’s Act but they did not
apply it. In the case of Assam and Himachal Pradesh, although
the laws have been enforced, no institution has been created
to deal with the same thing and Nagaland does not even have
a separate law for children. The Children’s Acts have been
applied in 236 of the 334 districts in the case of other Indian
states. In the mid-1980s, out of 444 districts, the number of
children’s laws was increased to four hundred and forty-two.

As from October 2, 1987, the Juvenile Justice Act 1986 was


applied by notification in all areas where it was extended. The
need is for uniform laws over time for juvenile justice
throughout the country and for the need to implement uniform
laws that are fulfilled by the Juvenile Justice Act of 1986. In
addition, there are States with no law in the area of justice of
the sixteen, as well as uniformity at the national level. The
Juvenile Justice Act, 1987 is nothing more than a full copy of
the Children’s Act, 1960 which makes only minor and valueless
changes here and there; some of them are as described below:

1. A significant symbolic semantic change in the preamble,


the words maintenance, social assistance, training and
education, has been replaced by the words training and
development. Similarly, the minor term has been replaced
by the word child. The most benevolent and appropriate
judgment of judgment on certain issues related to the trial
rules and regulations.
2. Section 2 of the Juvenile Justice Act of 1986 contains new
definitions of a suitable person, a suitable institution and a
safe place. A minor who was or was likely to be abused or
exploited for illegal or immoral purposes or for an
unjustified gain also included in the definition of a
neglected child had been expanded to include.
3. Section 10 of Juvenile Justice Act of 1986, does not
change the current status of Section 11 of Juvenile Justice
Act of 1986, which provides for the temporary reception of
juveniles of all varieties in the juvenile justice system. the
houses of observation, of their antecedents.
4. Sections 52, 53 and 54 of Juvenile Justice Act of 1986 also
provided for the establishment of social welfare and
juvenile rehabilitation funds, the establishment of advisory
councils and the appointment of visitors to juvenile
institutions.

Juvenile Justice Act of 2000


The Indian legislator made a sincere effort in adopting the
2000 Act to inculcate the principles set out in the UN
Conventions, such as the CRC, the Beijing Rules and the 1990
Rules. minors were promulgated to deal with offences
committed by minors in a manner supposed to be different
from the law applicable to adults according to the Supreme
Court of India. The rehabilitation of the minor is the main
concern of the Juvenile Justice Act, 2000 and not the
adversarial procedure to which the courts are generally
accustomed. A complete change in the mentality of those with
the power to do so is necessary for its implementation, without
which it will be almost impossible to achieve its goals.

Applicability of the Act


The Supreme Court held that, to the extent that the appellant
was concerned about the applicability of the Juvenile Justice
Act 2000 in the case of Jameel v. the State of Maharashtra[1].
Since the offence of unethical intercourse was committed in
1989, the Juvenile Justice Act 2000 was not enforced and it is
not disputed that the appellant at the time of the accident had
16 years old.

A boy under the age of 16 or a girl under the age of 18 is


considered a minor within the meaning of the Juvenile Justice
Act 1986. Since the implementation of the Juvenile Justice Act
2000, the accused was over the age of 18, arguing that the
Juvenile Justice Act 2000 would apply since the accused did not
have attained the age of 18 on the date of the event, is not
defensible. Notably, the Juvenile Justice Act 2000 is
categorically unenforceable because the accused was 16 years
old.

Non-applicability of any other Act


for the time being in force
The Supreme Court ruled that regardless of the nature of the
offence committed, juvenile justice law should prevail in
juvenile cases in Raj Singh v. State of Haryana[2]. When the
juvenile plea can be raised, at any time, even after the person
has been convicted by the court of the first instance, the plea
of a minor can be raised.

Juvenile Justice Board


Section 4 of the Juvenile Justice Act of 2000 deals with the
establishment and constitution of the council and also
empowers the state government to establish a juvenile justice
board for a district or group of districts. A child who has
committed an offence may be brought before a member of the
board if the board is not chaired in accordance with Section
5(2). Section 6(1) conferred on the Commission exclusive
powers under the 2000 Juvenile Law in Conflict with the Law
Act to hear all court proceedings.

Juveniles in conflict with the law


Observation points must be set up in each district or group of
districts for the temporary reception of these minors for the
duration of the survey. Special shelters must be set up to
receive and rehabilitate these minors, which implies that orders
have already been issued by a juvenile justice council in such
cases in each district or group of districts. Given the physical/
mental health and the nature of the offence, the minor must be
classified according to his age.

Process
No juvenile may be housed in a police jail or in prison for any
reason. Under Section 32, the Committee, any police officer or
special juvenile police unit or designated police officer shall
conduct an investigation in the manner prescribed upon receipt
of a report and order send the child to the children’s home so
that a quick inquiry can be conducted. the worker or child
protection officer may be approved by the Committee, alone or
on the report of a person or body referred to in subsection
32(1).

The investigation must be completed within four months of


receipt of the order or within the shorter time limit set by the
Committee under Section 32(1), and the deadline for the
submission of the report of investigation may be extended.
that the Committee may, depending on the circumstances and
for reasons stated in writing, determine. If, after completion of
the investigation, the Committee is of the opinion that the child
has no apparent family or support, he or she may allow the
child to remain in the children’s home until his/ her
rehabilitation is found or until he reaches the age of 18.

Children’s home
The state government, alone or in association with one or more
voluntary organizations, may establish and maintain homes in
each district or group of districts, as the case may be, to
accommodate children in need of care and protection. during
free time. any investigation and thereafter for their care,
treatment, education, training, development and rehabilitation.

The state government may provide for the management of


children’s homes, including the standards and the nature of the
services they must provide, as well as the circumstances under
which and the manner in which the certification of a children’s
home or the recognition of a voluntary organization may be
granted or withdrawn under rules made under this Act.

Inspection
Inspection committees may be appointed by the state
government for the state, district and city children’s homes, as
the case may be, for the period and for the prescribed
purposes. It is prescribed that the inspection committee of a
state, district or city must be composed of the number of
representatives of the state government, the local authority,
the committee, an organization volunteer and other medical
experts and social experts. The operation of children’s homes
can be monitored and evaluated by central and state
governments during the period and through the persons and
institutions designated by that government.
Juvenile Justice Act of 2015
The accompanying Act of Parliament obtained the consent from
the President on 31st December 2015 and is thus circulated for
general info. This is an Act to combine and amend the law
associated to children which are positively asserted and found
in conflict with the law and the child needs to provide care and
security by taking into account their essential needs through
legitimate consideration, assurance, advancement, treatment,
social re-mix, by embracing a child cordial approach in the
mediation and removal of issues to the most progressive
growth of the child and for their restoration through procedures
given, and organizations and bodies as mentioned in the recent
amendment of juvenile justice Act 2015 Section 1(1)(2)(3)(4)
it represents that:

1. This Act might be popularly known as the juvenile justice


(Care and Protection of Children) Act, 2015.
2. It reaches out to the entire of India aside from the State
of Jammu and Kashmir.
3. It will come into power on such date as the Central
Government may, by notification in the Official Gazette,
choose.
4. Notwithstanding anything contained in some other law for
now in power, the social arrangements of this Act will
apply to all issues concerning child’s needs care and
security and youths in strife with law, including anxiety,
confinement, arraignment, appropriate punishment or
detainment, restoration and social re-incorporation of kids
in a struggle with law.
The increase in the number of crimes (including rapes)
committed by juveniles (aged 16 to 18) was the main reason
to introduce the new legislation. More retributive than
reforming, the new law raised several questions. The new law
is considered retributive because it contains provisions for
teenagers who commit a heinous crime (punishable by 7 years
or more) must be tried as adults but in the juvenile court. The
child found guilty of the heinous crime is sent to a safe place
until the age of 21, after which he is transferred to prison. The
children’s court ensures it. This means that the benefit of a
child is not granted to the minor when found guilty of
committing a heinous crime.

Many protesters criticized the new law on minors for being


unconstitutional. The Court noted that in Rule 4 of the United
Nations Standard Minimum Rules for the Administration of
Juvenile Justice, in the case of Pratap Singh v. the State of
Jharkhand [3], one had to give all its importance to the moral
and psychological elements even when responsible for a crime.

According to Professor Ved Kumari [4], if a 16-year-old


commits a heinous crime and his is punishable by 7 years of
imprisonment, he must be brought before the Juvenile Justice
Council, which decides on the physical and mental capacity of
the child; if the minor committed such an offence has the
ability to understand the consequences of the offence and
under what circumstances the offence was committed. This
work of the Juvenile Justice Commission is difficult and there is
a good chance of uncertainty.

Many activists have raised another problem, namely that the


2015 law violates the spirit of Article 20(1), which states that a
person can not be sentenced to a harsher sentence than that
which would have been applied to him or her. by the law of the
country. Under the new law, if a sentenced minor reaches the
age of 21 but has not completed his entire sentence, he can be
sent to prison if deemed appropriate. This new law undermines
the spirit of Article 20(1).

Salient Features of the Juvenile Justice Act, 2015-

• Definition of ‘child in need of care and protection’


expanded– Under the new law, the definition now also
includes a child caught working in violation of labour law,
with imminent risk of marriage before reaching the legal
age for the same resides with a person who has
threatened or threatened to hurt, exploit, abuse or neglect
the child or to violate any other law, or whose parents or
guardians are unable to care from him.
• Child Welfare Committee is no longer the final
authority in cases of children in need of care and
protection– Anyone related to the child may apply to the
district judge, who will review and make appropriate
orders as a district judge. the authority of the Child
Protection Committee.
• Procedure for inquiry– Unlike children for whom
production reports have been received, the Child
Protection Committee must now investigate any child
produced before it. Orphaned and delivered children are
also included in the procedure.
• An extensive definition of ‘adoption’ provided– The
rights of the child have been recognized and a detailed
definition of adoption has now been provided.

Important de nitions under the Act


In the Indian juvenile justice system, the ‘child in Conflict with
Law’ is utilized in place of juveniles. In this way, the Child in
Conflict with Law is smarter to be utilized as opposed to
utilizing juveniles. The ideas conceived by the term’s ‘juveniles’
‘child’ and ‘child in Conflict with Law’ have contrasts and
similitudes. In this way, complete deserting the term ‘juvenile’
is unimaginable.

Below tables shows the similarities and contrasts of the three


terms:

Similari Contrasts
ties • A child born after birth referred
younger
1 Child than 18 to as a teen.
years. • A child may be in Conflict in Law
in needs of care and security.
fi
• A juvenile has a lower age limit
younger as per section 82 of Indian Penal
2 Juvenile than 18 Code, he must be over 7 years of
years. age.

Child in younger •
•AA child
c h i l d who
w h ofaces
f a c elegitimate
s legal
3
conflict than 18 proceedings in the allegation for
with the years. an offence.
Important De nitions
Section 2(13) of the juvenile justice act 2015 signifies a child
who is in conflict with the law and asserted or found to have
convicted an offence and not finished the 18 years of age on
the date of the delegation of such an offence.

Section 2(35) characterizes the significance of a juvenile as


“juveniles” and a child underneath the age of 18 years.

Juvenile Justice (Care and Protection of Children) Rules, 2016


are the primary rules. The constitution of India and UN
Standard Minimum Rules for the Administration of juvenile
justice, 1985 also known as the Beijing Rules are guiding
fountains. United Nations Convention on the Rights of the
Child, 1989 known as UNCRC is the source of all protection
issues for children.

Rule 2.2 of the Beijing Rules mentioned


• A juvenile is a child or young person who, under the
governing legal systems, may be dealt with an offence in
a manner that is different from an adult.
• An offence is any behaviour (act or omission) that is
punishable by law under the respective legal systems.
• A juvenile offender is a child or young person who is
alleged to have committed or who has been found to have
committed an offence.
fi
Recent amendments in the Juvenile Justice Act
Bill 2015 passed by the Lok Sabha
These are 14 notable changes mentioned below:

1. Depending upon the severity of crime like a crime


committed atrociously and brutally, the juveniles between
the ages of 16 to 18 years have the trial and the legal
proceedings in adult courts.
2. Any child that is convicted of any crime will currently be
sent for a preliminary evaluation for a time of a quarter of
a year (3 months), earlier it is one month now extended
to three months.
3. Another clause on fair trial is included, under which the
evaluation or assessment period will investigate the
special needs of the child, under the child-friendly
atmosphere.
4. The child will not go through any form of disqualification
or elimination in education or jobs due to being guilty of
any crime under the Act.
5. The guilty records shall be ruined after the completion
period of appeal, except in the case of atrocious crimes.
6. The time period to rethink the decision of adoption is
changed from one to three months.
7. The aftercare of a child shall be unrestricted to one month
in institutional care.
8. Receive financial aid more than one time after evacuating
institutional care.
9. Priority for disabled children in interstate adoption.
10.Increase in the time period for left alone children kept
under observation in child care facilities from 30 days to
60 days.
11.In the case of an inevitable situation, it will not be
considered purposely or willfully giving up the child by
biological parents.
12.Consultation and advice from experienced psychologists
and medical specialists if an order passed against the
child.
13.Training of special juvenile units in the police force.
14.NCPCR and SCPCR will be the nodal specialists to be liable
for observing implementation, the exposure of the
amended act, and to investigate cases that emerge out of
the act.
Recommendations of the Justice Verma
Committee Report, 2013
The Justice Verma Committee was framed in 2013 to audit
criminal laws and to make proposals considering the 16th
December 2012 Delhi Gangrape case. The Committee got a
scope of recommendations, including the proposal that the
time of juvenile blamed for egregious wrongdoing must be
characterized as one underneath 16 years old and the
individuals who are 16 years or more should be treated as an
adult in a courtroom and must not be presented with the
Juvenile Justice Act 2000. On this particular issue, the board of
trustees held a wide scope of consultations with the attorneys,
women rights activists, child experts, psychologists and child
rights activists. The report of the board of trustees mentioned
that if a small child is old enough at 16 years, he committed a
crime and was sentenced for a long term, at the time when he
completes his term in jail he will turn to 30 years and this also
points out the terrible condition of rehabilitation programs in
Indian jails.

General principles of care and


protection of children
General standards to be followed in the organization of Act-
The Central Government, the State Governments, the Board,
and different offices, by and large, while executing the
provisions of this Act will be guided by the accompanying basic
principles, specifically:

Section 3 of the Juvenile Justice Act 2015 states the principles


of care and protection of children:

1. Principle of the Best Interest of the Child- “Best interest of


the child” signifies the reason for any choice taken with
respect to the child, to guarantee satisfaction of his
fundamental rights and needs, character, social prosperity
and physical, enthusiastic and scholarly improvement.
2. The Principle of Presumption of Innocence- It will be
regarded all through the procedure of justice and
protection, from the underlying contact to elective
consideration, including aftercare. Any unlawful behaviour
of a child which is done for endurance, or is because of
environmental or situational factors or is done under the
control of adults, or peer groups.
3. Principle of Right to maintain privacy and Confidentiality-
Each child has an option to the right of his protection and
privacy by all methods and all through the legal
procedure. No report of the juvenile will be d1istributed
that may prompt the recognition of the juvenile but to the
situations where the exposure of their distinguishing proof
identity would cause protection of them.
4. Principle of equality and non-discrimination- That there
shall be no discrimination against a child on any grounds
including sex, caste, ethnicity, place of birth, disability and
equality of access, opportunity and treatment shall be
provided to every child. Every single suitable measure
should be taken to ensure that the child is secured against
all types of discrimination or punishment based on the
status, activities, expressed opinions or convictions of the
child’s parents, lawful guardians, or family members.
5. Principle of Participation- The child should be provided
with an opportunity to being involved and the child who is
capable of forming his or her own views has the right to
express those views freely in all matters which is affecting
the child’s growth and development, the views of the child
is given due importance in accordance with the age and
maturity of the child.
6. Principle of institutionalization- It is a measure of last
resort, in certain circumstances the family is not capable
of taking care of the well being of the child and when the
child has no family to be cared for and there is no one to
look after the child, the government must make
alternative provisions.
7. Principle of Diversion- Diversion presents a few
preferences when contrasted with the conventional
criminal justice framework which can be excessively
unbending, awkward, slow and inert to the necessities of
children who are often first-time or non-genuine
offenders. Police are the first point of contact between the
juvenile and the juvenile justice Board or the court and as
such the police think that it is not essential to proceed for
the juvenile to the judicial bodies on the consideration that
the rights of the child, protection of the society and the
rights of the victims, they may divert the juvenile from the
formal court processes based on the acts and rules.
8. Principles of Natural Justice- Every child should be treated
fairly and equally, regardless of his or her race, ethnicity,
colour, gender, language, religion, political or another
opinion, national, ethnic or social origin, property,
disability, and birth or another status. In certain cases,
special services and protection will need to be instituted to
ensure children’s rights are met equally.
9. Principle of Family Responsibility- Guardians or parents of
a juvenile must be associated with the groundwork for the
inquiry and trial and be available when it happens. They
ought to be educated by police, investigators or judges
that a conventional request will happen and that they are
welcome to join in.
10.Principle of Dignity and worth- The treatment of the child
will be predictable with the child’s feeling of pride and
worth. Every single person is brought into the world free
and equivalent in poise and rights. They are invested with
reason and conscience and should act towards each other
in a soul of fellowship (Article I of UN Declaration Human
Rights). All children will be managed with respect due to
their inherent dignity and human beings.
11.Principle of Safety- The state has a greater responsibility
for ensuring the safety of every child in its care and
protection, without resorting to restrictive measures and
processes in the name of care and protection.
12.Principle of Positive Measures- The main theme of the
principle is the promotion of the wellbeing of the juveniles.
The characters and behaviours of the juveniles shall be
corrected and reformed by following positive measures.
13.Principle of non-stigmatizing Semantics- The principle of
non-stigmatizing semantics proposes not to utilize words
that are utilized in ordinary criminal procedures, choices,
and activities that may stigmatize the juveniles. The rule
command to maintain a strategic distance from the
utilization of antagonistic or accusatory words, for
example, capture, remand, blame, charge sheet,
preliminary, indictment, warrant, summons, conviction,
detainee, reprobate, ignored, custody or prison.
14.Principle of non-waiver of Rights- The Constitution of India
carefully precludes the waiver of rights. The equivalent is
epitomized in the juvenile justice system in India. The
legal rights enforced by the Juvenile Justice Act should not
be postponed under any circumstances by any juvenile,
competent authority and stakeholder working under the
juvenile justice system. Also, further, the non-exercise of
fundamental rights doesn’t add up to the waiver of the
equivalent.
15.Principle of Repatriation and Restoration- States that it
shall be ensured that a child shall not be separated from
his or her parents against their will. However, the Board or
the Court considers the separation is necessary for the
best interests of the child in accordance with the law and
procedures, such determination may be necessary in a
particular case such as one involving abuse or neglect of
the child by the parents, or one where the parents are
living separately and a decision must be made as to the
child’s place of residence.
16.Principle of Fresh Start- The principle of fresh start
promotes a new beginning for the juvenile in conflict with
the law. This rule also instructs to destroy all past records
of the juvenile within a stipulated period. They are
ensured to erase all their past records.

What are two categories of


Children who are protected
under the Juvenile Justice
Children in conflict with the law
The new law reinforces the approach of the juvenile justice
system to children in conflict with the law as well as children in
need of care and protection. The Juvenile Justice Act of 2015
redefined the “minor” in conflict with the law into a “child” in
conflict with the law. Offences were classified as small/serious/
obnoxious. In the case of heinous crimes, children between the
ages of 16 and 18 can be tried as adults after a preliminary
assessment by the juvenile justice commission.

During the investigation, a child in conflict with the law will be


temporarily sent to an observation house. Depending on age,
sex, physical and mental state and the nature of the offence,
the child will be isolated. A child will be placed in a special
home if convicted of an offence by the Juvenile Justice
Commission.
For children over the age of 18 or children aged 16 to 18
charged or convicted of committing a heinous crime, a security
site will be established. for the children in the process of trial
and the children who are convicted; the place of safety will
have a separate layout and facilities. The juvenile justice
commission will carry out a regular inspection of adult prisons
to check whether a child is accommodated there and take
immediate measures to transfer the child to the home of
observation [Section 8(3)].

Within three months, the Juvenile Justice Council will make a


preliminary assessment before referring the case to the
juvenile court. The law stipulates that the final order must
include an individual plan for the rehabilitation of the child,
including a follow-up by the probation officer, the District Child
Protection Unit or a worker. when the child is considered an
adult by the juvenile court.

The juvenile court ensures that the child is kept in a safe place
until the age of twenty-one.

The juvenile court must determine whether it should be


transferred to prison or whether it has undergone reform
changes and that it could be saved by incarceration once it
reaches the age of death and the sentence is still pending. The
law provides for a complete embargo on capital punishment or
life imprisonment without the possibility of release for child
offenders who are treated as adults by juvenile justice. The
juvenile court decides whether the child should be released or
sent to prison after reaching the age of 21.

Children in need of care and


protection
Within 24 hours, a child in need of care and protection must be
brought before the Child Protection Committee. The law
provides for the compulsory declaration of a child separated
from his guardian. Non-reporting was treated as a punishable
offence. The child in need of care and protection is sent to the
appropriate child protection institution and directed by the child
protection committee under the direction of a social worker.
Within 15 days, the social worker or child protection officer
must conduct the social inquiry. At least 20 days a month. The
child protection committees meet and the district magistrate
conducts a quarterly review of the functioning of the child
protection committee.

For care, treatment, education, training, development and


rehabilitation, a child in need of care and protection will be
placed in a children’s home. Shelters open for children who
need community support in the short term to protect them
from abuse or keep them away from street life under the law.
The Child Protection Committee could recognize an institution
that is able to temporarily assume a child’s responsibility. The
rehabilitation of orphans, abandoned or delivered children is
taken care of by the Agency specialized in adoption.

What is the Institutional Care


provided for the juveniles?
Rule 3 of the Juvenile Justice (Care and Protection of Children)
Rules of 2007 states that “the institutionalization of a juvenile
must be a measure of last resort after a reasonable inquiry and
this also for the minimum possible duration”.

This replaced the twelfth fundamental principle of the juvenile


justice system. Institutional care measures are as follows:

Observation Homes
Section 8 of the Juvenile Justice Act of 2000 provides that the
state government may establish and operate observation
houses in each district or group of districts. A minor is
temporarily received in these homes. For the duration of any
investigation into them under the Juvenile Justice (Care and
Protection of Children) Act 2000, minors are detained in
observation houses. Minors are kept for a few weeks in the
observation houses for the social study of minors.

The minor’s story is prepared by the probation officer during


his brief stay at the observer’s home. The competent authority
then decides, depending on the case, to keep them in the
institution or to entrust them to their parents. During the stay
in the establishment, medical and psychiatric services were
also provided, as well as basic equipment such as food,
clothing and accommodation for minors. To keep the mind and
body healthy, young people should water the plants, help in
the kitchen and clean the premises of the shelter.

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Special Homes
Section 9 of the Juvenile Justice Act of 2000, states the state
government may establish and maintain special homes in each
district or group of districts. When the offence committed by a
minor is proven and condemned by the competent authority, it
is placed in the special home established by the state
governments. In the special home, minors are treated for a
long time or until their age ceases.

The ultimate goal of the rehabilitation of juveniles in the homes


under the Juvenile Justice (Protection and Protection of
Children) Act of 2000 has therefore been implemented to
ensure that all necessary efforts are made to change the of
juveniles. minors of evil to good. Special shelters for minors
pay more attention to the education and vocational training of
minors. Minors receive food, clothing, shelter, medical and
psychiatric services, and counselling.

Children’s Home
Section 34 of the Juvenile Justice Act of 2000 states “The state
government may establish and maintain children’s homes in
each district or group of districts.” The children’s home is a
home where children in need of care and protection are placed
on the order of a competent authority.

In accordance with the Juvenile Justice (Protection and


Protection of Children) Act of 2000 of the Children’s Home,
children are provided with all the services necessary for overall
development up to a fairly high age, that is, until ‘at 18 years
old. Services include the provision of food, clothing, shelter,
medical and psychiatric treatment, including counselling and
referral. Education and vocational training are also provided to
children.

Shelter Homes
According to Section 37 of the Juvenile Justice Act of 2000,
Shelters Homes as for children in need of urgent support.
Shelter homes provide children with space where they can play
and engage in creative activities. Children are engaged in
music, dance, theatre, yoga and meditation, computers, indoor
and outdoor games, etc, to spend their time productively.
These creative activities are designed to encourage meaningful
participation and interaction among peer groups.

These activities will ensure the overall growth and development


of children. The main purpose of these shelters is to keep them
away from socially deviant behaviours, in addition to meeting
their basic needs for food, nutrition and health. Children can
safely keep their property and income in the conditions
provided for in these shelters.

What is the Non-Institutional


Care provided for the
juveniles?
Section 40 in The Juvenile Justice (Care and Protection of
Children) Act, 2000 talks about the process of rehabilitation
and social reintegration. The rehabilitation and social
reintegration of a child must begin during his stay in a
children’s home or special home monitoring organization.

Foster Care
Foster care is one of the non-institutional measures used for
the temporary placement of children in accordance with
Section 42 of the Juvenile Justice Act of 2000. Homeless,
abandoned, neglected and deprived children benefit from a
foster family. He replaces parents with others to provide care
outside their own home. The child is placed in foster care when
natural parents are faced with problems such as sentencing,
life-threatening illnesses and being abroad. The actual parents
pay the corresponding price.

Foster parents are generally interested in childcare. In the


foster home, the child receives parental care and parenting
education. Being placed in a foster home helps to avoid the
stigma of being in an institution and adapting to other children.
It is considered satisfactory in every way possible. Although
foster families lead to drastic changes in the child’s life and are
enough to change their behaviour, the foster family is solely
responsible for the overall development of the children.
Adoption
Restoring family care for children deprived of their real family
life Adoption is another non-institutional measure. Section 2(2)
of the Juvenile Justice Act of 2015 defines adoption as the
process by which the adopted child is permanently separated
from his biological parents and becomes the legal child of his
adoptive parents with all rights, privileges and responsibilities
that are attached to a biological child.

Adoption is done with the mutual consent of the family, who


hands over the child and who receives the child. By adoption,
the child receives a new name, a legal status and a permanent
family. It also meets the needs of a childless couple. Adoption
gives hope to many orphaned, neglected, abandoned and
abused children by their parents to start a new family. The
main purpose of adoption placement is rather a family for the
child than a child for a family.

For the orphan child who is legally free to adopt, it is the most
ideal and permanent rehabilitation. Adoption and foster care
are intended to give family life to the child, but the main
difference is that foster care is a temporary placement, even
perhaps in the long term, but that adoption ensures permanent
care without involving payment. Foster care can even be
adopted.

Sponsorship
Another type of non-institutional measure called the
Sponsorship Program provides additional assistance to families,
children’s homes and special homes to meet the medical,
nutritional, educational and other needs of children.
Sponsorship is given to improve their quality of life. There are
many types of sponsorship programs for children, such as
individual-to-individual sponsorship, group sponsorship or
community sponsorship.
After-care Organisations
The juveniles are taken care of in the organization of the
aftercare, which is a transition home, after leaving the special
homes and the children’s home. Minors in conflict with the law
and children in need of care and protection, both categories
are placed in aftercare organizations. Monitoring organizations
allow minors to lead an honest and industrious life. Follow-up
agencies are committed to the primary goal of enabling
children and youth to adapt to society. In child care agencies,
children and adolescents are motivated to stay in the wider
society of their lives in institutional homes.

Monitoring organizations are nothing more than a temporary


home set up for a group of young people. In monitoring
organizations, young people are encouraged to learn a trade
and also contribute to the management of the monitoring
centre. Any volunteer agency or organization designated as a
custodial organization strives to prepare children, as well as
adolescents, to become self-reliant and to acquire the social
and fundamental skills necessary for their full integration into
the community.

In the monitoring program, children and adolescents also have


access to social, legal and medical services, as well as
appropriate financial support. Continuing education services
are regularly offered to children and youth in the follow-up
organization to help them become financially independent and
generate their own income.

The monitoring organization should ensure regular follow-up


and support after the reintegration of the child or minor into
the community or society. Members of various government
agencies also work together to reintegrate children or minors
into society by enabling them to live psychologically and
economically, as well as by providing ongoing assistance after
their integration into society. Institutional and non-institutional
measures have been used not only for the proper care and
development of children but also to address children’s issues
adequately as a last resort for the well-being of children and
minors. to be used.

What is the role of the police?


The first contact of a juvenile with the judicial system is mainly
by the police because it is the police who arrest the juvenile
and produce it in the juvenile justice court. In rare cases, this
has been done by a private party or a voluntary organization.
The Juvenile Justice Act of 2000 clarifies the need to establish
a special juvenile police unit in each district and city.

It also contemplates that at least one police officer be assigned


to a police station as a minor or child protection officer. This is
important because it is the police officer who produces the
children or the minor in court and prepares and submits the
indictment of the offence committed by the child or minor.

Special Juvenile Police


The special juvenile police often and exclusively deal with
juveniles and mainly work to prevent juvenile delinquency or to
deal with juvenile delinquency under the Juvenile Justice Act.
Therefore, they are specially educated and trained to handle
children and adolescents. The representative designated as a
minor or child protection officer in each position is trained to
possess the appropriate skills, training and orientation.

At least one designated police officer will be designated in each


police station and will take care of the minor or child in
coordination with the police. To improve the treatment of
minors and children by the police, the Special Police for Minors
has been designated in each police station.
Pursuant to section 84(1) of the Special Police Regulations for
Juveniles, the Juvenile Police Task Force shall include a Child
Protection or Youth Protection Officer with the rank of Inspector
of Police. and two paid social workers, including work
experience in the field of child protection. In 1952, in Greater
Mumbai, the Juvenile Police Unit (JAPU) was established
primarily to care for destitute and neglected children. He
continues to act as a special force within the police.

What is the role of state


government?
Within two months of their appointment, the law provides for
the initial training of the members of the Juvenile Justice
Council and the Child Protection Committee (Sections 4 and
27). The Chief Magistrate or Chief Metropolitan Magistrate
review the juvenile justice case once every three months. Its
main purpose is to direct the Council (Section 16). The law also
provides for the establishment of a high-level committee to
review cases pending before the Juvenile Justice Council.

Under section 36 of the Juvenile Justice Act, the district


magistrate must submit quarterly reports to the district judge
on the length of the proceedings and the nature of the
disposition of cases. The District Magistrate conducts a
quarterly review of child protection committees and proposes
direct corrective measures. This is done to solve the problem.
A district magistrate’s review report is sent to the state
government, which may result in the formation of additional
committees if necessary. Even after three months. In case
processing persists, the existing committee is dissolved and a
new committee is formed by the state government.

Within six months of the entry into force of the Juvenile Justice
Act of 2015, state governments must also register all
institutions, whether administered by the government or an
NGO and are destined in full. or partly to housing children.
Whether they receive government subsidies or not, institutions
are required to register with the state government. A
provisional registration certificate to the institution within one
month from the date of the application should be issued by the
state government. A penalty for non-registration in a child care
facility may be up to one year in prison or a fine of at least Rs.
1 lakh.

According to section 49 of the Act, state governments are


expected to create at least one place of safety for the
placement of persons over 18 years of age or children aged 16
to 18 years who have committed a heinous crime. Inspection
committees must be appointed at both state and district level
and, at least once every three months, they must inspect all
institutions (Section 54).

The central government and the states may carry out an


independent evaluation through persons or institutions
determined by the Government of the functioning of the
Juvenile Justice Council, the Child Protection Committee, the
Special Section of the juvenile police, approved institutions,
facilities and persons adapted under Section 55.

Under section 65 of the Act, the state government recognizes


one or more institutions in each district as the adoption agency
with respect to adoption. The public agency shall provide the
Central Authority for Adoption Resources (CARA) with the
details of the specialized adoption agencies, such as name,
address and contact details, as well as copies of the certificate
and letter of recognition or renewal. Every adoption agency
inspected at least once a year and takes corrective action by
the state government. for a fine up to Rs. 50,000/- in the
event of default by the Specialized Adoption Agency, in addition
to the withdrawal of recognition for repeated default provided
for by law.

Under the Juvenile Justice Act, 2015, all registered institutions


that may not have been recognized as a specialized adoption
agency must establish formal links with a nearby adoption
agency. All orphans or children returned or abandoned declared
legally free for adoption by the registered institution. Any
breach of this provision will result in a fine of Rs. 50,000/- and
even non-recognition if a persistent violation of the provisions
is found (Section 66).

Central and national governments are required to sensitize the


general public, children, parents and guardians to the
provisions of the law. In addition to other persons concerned or
government officials, they must also undergo periodic training
(Section 108).

What is the role of the Juvenile


Justice Board?
One of the most important and progressive features of the Act
of 2000 was the foundation of juvenile justice Boards. Each
board is inquired to decide the age of the child, the question of
bail, and the subject of a commission of the offence, and pass
proper orders. The composition of the board incorporates a
principal magistrate and two social workers, in this way
guaranteeing not only are legitimate complexities secured,
however, the financial, psycho-social and familial conditions are
also considered to be secured. The social workers engaged with
the juvenile justice system are called correctional social
workers globally.

Section 4(1) states that notwithstanding anything contained in


the Code of Criminal Procedure, 1973 (2 of 1974), the State
Government will comprise for each region, at least one juvenile
justice Board for practising the forces and releasing its
capacities identifying with youngsters in conflict with the law
under this act and other section and acts can be provided in
Chapter 3 section 4(1) to (7).
Apparently, children entering before the juvenile justice System
are already addicted to face the grave dangers in their lives,
yet their predicament is frequently overlooked. Police misuse is
ordinary in certain purviews. Children grieve in the framework
for quite a long time, either as inhabitants of decrepit
detention facilities without access to schooling and education
or as the subject of unlimited procedures that draw them away
from training or work, bringing about a financial emergency for
the child’s family. If so, in addition to the fact that we fail the
child as a state, yet additionally when they come in conflict
with the law.

The Juvenile Justice Council (JJB) is headed by a senior


magistrate. He has exclusive jurisdiction to deal with juvenile
cases. The magistrate of the Commission for Juvenile Justice is
a magistrate “who should be a metropolitan magistrate or a
first class magistrate with special knowledge in child
psychology and child protection”. In the juvenile justice
commission, two members are social workers, one of whom
must be a woman.

The fundamental requirement of board members is that they


have a postgraduate degree in social work, psychology, child
development or any other social science discipline and that
they are required to actively participate in activities related to
children’s health, education or well-being for seven years. A
selection committee chaired by a retired High Court judge
selects and appoints social workers from the Juvenile Justice
Council. The term of office of the members is 3 years and they
can be appointed for a maximum of 2 consecutive terms.

The Senior Magistrate who is an officer of the court is governed


by the conditions of service set out in the State Judicial
Services Regulation and the allowances of the Senior
Magistrate who is an officer of the court are governed by his
service regulations. The member of the juvenile justice council
may be dismissed after an investigation by the state
government for the following reasons:
• If he has been found guilty of misuse of power under this
Act, or
• He/she has been convicted of an offence involving moral
turpitude, and this conviction has not been reversed or
he/she has not been totally pardoned for this offence, or
• He fails to attend Board proceedings for three consecutive
months without cause or fails to attend at least three-
quarters of the meeting in one year.
A social worker member of the Commission receives a
minimum of 500 rupees per meeting. The Juvenile Justice
Council has been granted exclusive jurisdiction over juveniles.
The Juvenile Justice Council decides and adjudicates cases
involving minors. “The Juvenile Justice (Care and Protection of
Children) Act of 2000” has a preponderant effect on several
acts of the Indian Penal Code.

The Juvenile Justice Council investigates ordinary criminal


courts for offences under the Narcotic Drugs, Psychotropic
Substances Act, Weapons Act, SC / ST on the prevention of
atrocities allegedly committed by a minor. This includes Section
18 (prohibition of anticipatory bail) of Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

What is the role of Social


workers and Non-governmental
Organisations?
Social worker’s responsibility in the juvenile justice system is to
implement the principle with the right counselling and
opportunities to change an individual into a decent resident.
Nonetheless, unnecessary deferrals in procedures, bringing a
backlog of cases, an insufficient infrastructure, deferred justice
they deal with them efficiently and promptly. Social workers
can move in the direction of the reintegration of the juvenile
inside society. The association with the justice System may
cause disgrace and seclusion, and effect the minor’s future
training and work possibilities. Social workers may work with
the family, neighbourhood, and schools, empowering them to
acknowledge the child and bolster him in remaking his life.
Officials can urge schools to readmit juveniles and continue
their schooling, forestalling drop-out rates. Admission to open
schools may likewise be upheld where the juveniles can
proceed with the guidelines by means of self-teaching and
work at the same time to help himself and his family. Social
workers should assist juveniles with securing positions and
work with managers to enlist them. They also work with the
family of juveniles and guide them to reshape their child’s
future by making him a good member of society.

Wizner and Keller discussed the juvenile criminal justice


system “It has neither given satisfactory assurance to society
from juvenile crimes nor prevailing within rehabilitating young
offenders.”

The Juvenile Justice (Care and Protection of Children) Act


focuses on the participation of voluntary social workers and
community services for the benefit of minors at different times.
This requires the participation of social and community workers
from non-governmental organizations in admission, decision-
making, community placement, institutionalization and
rehabilitation of neglected and delinquent children.

The larger role of volunteer social workers allows the child to


stay in touch with society. It also allows the juvenile justice
system to be more transparent. The idea is to consider it with
the idea that, without the cooperation of the community, the
goal of social reintegration of delinquent children cannot be
achieved.

In the child protection sector, non-governmental organizations


(NGOs) play a key role: they must provide a framework that
ensures that every child, even as they enter the system, is
treated with care and compassion. They are also fighting for
the rights of the child to be recognized and protected. Social
workers continue to play a crucial role in the treatment of
juvenile offenders, although since the 1980s the welfare
approach has been brought to justice.

The Juvenile Justice Council is composed of a metropolitan


magistrate or a first class judicial magistrate and two social
workers, as mentioned above. The Model Rules set out the
criteria for being a social worker on the board: “The social
worker to be appointed to the board must be a person aged 35
or over who holds a postgraduate degree in social sciences,
work, health, education, psychology, child development or
other social science disciplines and is actively involved in the
planning, implementation and administration of measures
related to the protection of childhood for at least seven years.
Social workers who are members of the Juvenile Justice
Council should have been actively involved in health, education
or welfare activities for children for at least seven years.

The model rule also mentions the selection process for


members and both social workers must be appointed by the
state government on the recommendation of the selection
committee. The selection committee for government and
justice representatives consists of two representatives of well-
known non-governmental organizations working in the field of
child protection. Social workers who are members of the
Juvenile Justice Commission must assert themselves and not
be submerged by the magistrate (the judicial member) and
play an important role in the rehabilitation of the juvenile.

Social assisting members may dismiss the magistrate under


Section 5(4) of the Juvenile Justice Act of 2000.

Social assisting members should be familiar with the provisions


of the juvenile legislation and the documents and procedures of
each case pending before the Juvenile Justice Council. This is
emphasized for justice to be rendered to the minor. Gain the
confidence of the minor, while showing him that even if his
best interests are in his mind, he will be treated with severity,
which is the main duty of the social worker members.

The minor is placed in an institution on the order of the


juvenile justice council. It is therefore imperative that the
social workers who are members of the Juvenile Justice Council
regularly visit the observation houses, special houses and other
institutions where minors are referred. This is to ensure that
the goal of reform and rehabilitation is achieved.

Although justice is done to minors, the importance of social


workers is recognized in the 1986 law. A panel of two honorary
social workers attends the juvenile court. The group of at least
one woman is appointed by the state government with persons
with the qualifications required by law.

Instead of simply assisting the magistrate, the 2000 law


elevated the social worker to the court that constitutes the
Juvenile Justice Council. Intervention in social work has always
been expressed alongside words such as “honorary”,
“voluntary”, “charitable” although playing an important role.
Under the 1986 law, not only did “two honorary social workers”
assist the juvenile court but under the 2000 law, a similar
pattern continued. The social worker members of the Juvenile
Justice Council should receive a “travel allowance”.

Senior managers employed in the homes and superintendents


of child protection institutions are also social workers who have
received academic training. several critical roles played in the
lives of minors by the staff attached to the institutions. Since
offenders often report that their families do not care about
their well-being, the role of social workers is important.

The social worker works as a friend so that the child feels


comfortable talking freely with him. They assume the role of
counsellor and guide to have the confidence of the child to
approach him when needed. They work as a reformer to make
the child understand that what he did was wrong. They also act
as healers to help the child reach his full potential and direct
him to his future. It is essential to set up a children’s referral
clinic in an institution, as repeated sessions with minors are
essential to change one’s attitude. In a child welfare centre, it
is a child psychologist or psychotherapist who can make a
positive difference in the future of the minor.

Under the Juvenile Justice Act of 2000, NGOs also play a


central role in the search for a pending or investigative juvenile
charge as a “person or institution”. The 2000 Act allows
voluntary organizations to establish and maintain observation
houses and special houses. In addition, to ensure the minor’s
full rehabilitation services in institutions set up and managed
by the state government are provided by voluntary
organizations, such as counselling, education and vocational
training, etc.

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Limitations
It has been speculated that the institutional set-up required
under the Juvenile Justice Act has not been built up completely
and district-level institutions generally lack the infrastructure
and staff to adequately execute it. This hampers the work of
fi
the rehabilitative and reformative programs leads to
disappointment in accomplishing goals of restoration and
reintegration work. There has been practically nil spotlight in
organizing rehabilitative plans. Also, the role of the staff is not
under satisfaction. There is a lack of coordination between staff
and children. This leads to fewer opportunities for children to
showcase their talent and skill and health issues of workers to
implement certain roles and duties.

Procedure in relation to children in


con ict with the law
A Child in Conflict with Law has a number of rights starting
from the pickup up by the police up to the release from the
juvenile justice Institutions.

Section 10 to 26 of juvenile justice Act 2015 defined procedure


in relation to children in conflict with law in which some of
them we discussed here:

Section 10- Apprehension of the person alleged to be in conflict


with the law.

1. A child may be apprehended on the ground of committing


an offence. At the time of apprehension, they have certain
rights mentioned below.
2. They shall not be kept in the police lock-up or jail.
Instead, they shall be kept in safe custody prior to the
production before the Board.
3. In every police station, safe custody may be arranged by
following the Principle of Child-Friendly Atmosphere.
Section 10(1) of the juvenile justice Act, 2015 states that
“Provided that in no case, a child alleged to be in conflict with
the law shall be placed in a police lockup or lodged in a jail”.
fl
Section 8(3) juvenile justice Rules, 2016 mentions that the
police officer apprehending a child alleged to conflict with the
law.

Section 14 Inquiry by Board regarding a child in conflict with


the law- this provision describes whether a child is produced
before Board or he may fit in sections 17 and 18 of the act. It
also categorizes the types of offence depending upon how it is
committed below.

1. Petty offence– Section 2(45) “petty offences” includes


the offences for which the maximum punishment under
the Indian Penal Code (45 of 1860) or any other law for
the time being in force is imprisonment up to three years
inquiry is disposed of by the Board through summary
proceedings, according to the procedure endorsed under
the Code of Criminal Procedure 1973.
2. Serious offence– Section 2 (54) “serious offences”
includes the offences for which the punishment under the
Indian Penal Code (45 of 1860) or any other law for the
time being in force, is imprisonment between three to
seven years; Enquiry is disposed of by the Board, by
following the strategical procedure, for preliminary trial in
summons cases under the Code of Criminal Procedure
1973.
3. Heinous offence– Section 2(33) includes the offences for
which the minimum punishment under the Indian Penal
Code (45 of 1860) or any other law for the time being in
force is imprisonment for seven years or more. Section
15– Preliminary assessment into heinous offences by
Board it deals with inquiry (I) if a child beneath the age of
sixteen years as on the date of commission of an offense
will be discarded by the Board under proviso (e);(ii) for a
child over the age of sixteen years as on the date of
commission of an offense will be managed in the way
recommended under section 15.
These are all culpable by law. The acts and rules recommend
the rights and reformatory methodology of the juveniles and it
has no obvious framework about juvenile crime. Antisocial
behavior done by youngsters which harm society is called
juvenile delinquents or misconduct. These misconducts create
an atmosphere that provokes juveniles to commit crimes or
violations. The expansion of juvenile misconduct will enhance
juvenile violations. The decline of juvenile crime will lead to a
decline in juvenile violations. The most probable cause of
juvenile violations is misconduct.

Right at the time of apprehension


A child may be apprehended on the ground of committing an
offence. At the time of apprehension, they have sure rights.
They shall no longer be kept inside the police lock-up or jail.
Instead, they shall be kept inside the secure custody prior to
the production before the Board. In every police station, secure
custody can be organized with the aid of following the Principle
of Child-Friendly Atmosphere. Section 10 (1) of Justice Juvenile
Act, 2015 states that “Provided that in no case, a child
purported to be in a battle with law shall be located in a police
lockup or lodged in a jail”. And Section 8(3) Justice Juvenile
Rules, 2016 mentioned that the police officer apprehending a
child supposed to be in conflict with law.

Procedure to be followed
• Not send a child to a police officer lock-up and not delay
the child being transferred to the Child Welfare Police
Officer from the nearest police station. The police officer
may under sub-section (2) of section 12 of the Act send
the person apprehended to an observation home only for
such period till he is produced before the Board i.e. within
twenty-four hours of his being apprehended and
appropriate orders are obtained as per rule 9 of these
rule.
• Do not handcuff, neither put a chain or fetter around the
ankles of a child and do not exert any coercion or force.
• Inform the child promptly and directly of the charges
levelled against him through his parent or guardian and if
a First Information Report (FIR) is registered, copy of the
same shall be made available to the child or copy of the
police report shall be given to the parent or guardian.
• Provide appropriate medical assistance, assistance from
an interpreter or a special educator, or any other
assistance which the child may require.
• Not compel the child to confess his guilt and he shall be
interviewed only at the Special juvenile Police Unit or at
child-friendly premises or at a child-friendly corner in the
police station, which does not give the feel of a police
station or of being under custodial interrogation. The
parent or guardian may be present during the interview of
the child by the police.
• Not ask the child to sign any statement.
• Inform the District Legal Services Authority for providing
free legal aid to the children.
Principle of Right to maintain privacy and
Con dentiality- Is applied when a crime is
committed and child under trial in police custody
inside the juvenile court
Further, Section 24(2) of the act mentions that the board shall
order and direct the Police, or through children’s court that the
relevant records of such conviction shall be destroyed after the
expiry of the period of appeal from the registry or, as the case
may be, a reasonable period as may be prescribed. Provided
that in case of a heinous offence where the child is found to be
in conflict with law under clause (i) of section 19, the relevant
records of conviction of such child shall be retained by the
Children Court.

Next, Section 74, of the act mentions:


fi
1. No report in any newspaper, magazine, news-sheet or
audio-visual media or other forms of communication
regarding any inquiry or investigation or judicial
procedure, shall disclose the name, address or school or
any other particular, which may lead to the identification
of a child in conflict with law or a child in need of care and
protection or a child victim or witness of a crime, involved
in such matter, under any other law for the time being in
force, nor shall the picture of any such child be published.
Provided that for reasons to be recorded in writing, the
Board or Committee holding the inquiry may permit such
disclosure, if in its opinion such disclosure is in the best
interest of the child.
2. The Police shall not disclose any record of the child for the
purpose of character certificate or otherwise in cases
where the case has been closed or disposed of.
3. Any person contravening the provisions of sub-section (1)
shall be punishable with imprisonment for a term which
may extend to six months or fine which may extend to
two lakh rupees or both.
Section 99, of the act, proclaims:

1. All reports related to the child and considered by the


Committee or Board shall be treated as confidential:
Provided that the committee or the board, as the case
may be, may, if it so thinks fit, communicate the
substance thereof to another Committee or Board or to
the child or to the child’s parent or guardian, and may
give such committee or the board or the child or parent or
guardian, an opportunity or producing evidence as may be
relevant to the matter stated in the report. (1)
Notwithstanding anything contained in this Act, the victim
shall not be denied access to their record, orders and
relevant papers.
Section 24(5) POCSO, 2012 stresses for the police to make
sure officers that the identity of the child is covered from the
public media unless otherwise directed through the Special
Court within the benefit of the child.
Child welfare committee
Section 27 to 30 of the 2015 act explain the Various aspects of
Child Welfare Committee about the Child Welfare Committee
and its Role:

Sec 27 (1): The State Government by notification in the Official


Gazette in each district, set up at least one Child Welfare
Committees to practice the powers and to release the
obligations bestow on such Committees by comparing to
youngsters needing care and security under this act and assure
that training and sensitization of all individuals from the board
of trustees is implemented within two months from the date of
notification.

Composition: Committee consists of one chairperson, four


members of state government in which one is women and
others are an expert on children related matters.

Role of the committee


Section 9 and 10 deals with the role of Committees:

Sec (9): The Committee will work as a Bench and will have the
forces given by the Code of Criminal Procedure, 1973 (2 of
1974) on a Metropolitan Magistrate or, by and large, a judicial
Magistrate of First Class.

Sec (10): The District Magistrate will be the complaints


redressal expert for the Child Welfare Committee and anybody
associated with the youngster may record an appeal before the
District Magistrate, who will consider and pass suitable
requests.

Procedure for the Committee


Section 28 of the Act shows the procedural way:

1. It implies that the Committee will meet at least 20 days in


a month and will watch such guidelines and methodology
with respect to the exchange of business at its meetings,
as might be endorsed.
2. A visit to a current child care organization by the
Committee, to check its working and prosperity of the
child will be considered as a sitting of the Committee.
3. A child needing care and insurance might be delivered
before an individual from the Committee for being set in a
Children’s Home or fit individual when the Committee isn’t
in the meeting.
4. In case of any difference of views among the individuals
from the Committee at the hour of taking any choice, the
assessment of the dominant party will win however where
there is no such majority, the assessment of the
Chairperson will win.
5. Subject to the arrangements of sub-section (1), the
Committee may act, despite the nonattendance of any
individual from the Committee, and no structure made by
the Committee will be invalid by reason just of the
nonappearance of any part during any phase of the
procedure.
Given that there will be in any event three individuals present
at the hour of definite removal of the case

Power of Committee
Section 29 deals with the Power of Committee:

(1) The Committee will have the position to discard cases for
the consideration, security, treatment, improvement, and
recovery of youngsters needing care and insurance, just as to
accommodate their essential needs and assurance.
(2) Where a Committee has been comprised for any zone, such
Committee will, despite anything contained in some other law
until further notice in power, however spare as in any case
explicitly given right now, the ability to manage all procedures
under this Act associated with children needing care and
security.

Functions and Responsibilities of Committee


1. Promoting awareness;
2. Conducting inquiry;
3. Directing the child welfare officers to conduct a social
investigation;
4. Inquiry for fit persons taking care and security of children;
5. Handling placement of a child in foster care;
6. Taking care, insurance, proper recovery or reclamation of
kids needing care and security, in light of the child’s
individual consideration plan;
7. Conducting 2 inspection visits per month;
8. Making a move for the restoration of explicitly mishandled
youngsters who are accounted for as kids needing care
and assurance to the Committee by Special Juvenile Police
Unit or neighborhood police, all things considered, under
the Protection of Children from Sexual Offenses Act, 2012
(32 of 2012); and
9. Orphan and abandoned children are legally free for
adoption.

Procedures to be followed for


children who need care
Section 31 deals with production before the committee:
Production before Committee— (1) Any child needing care and
security must be produced before the committee by any of the
accompanying people— Any cop or special juvenile police unit
or an assigned child welfare police officer or any official of the
district child protection unit or controller designated under any
work law in power. Any community worker, childline services or
any deliberate or non-legislative association or any
organization as might be perceived by the State Government.
Child Welfare Officer or post-trial agent, any social specialist or
a child protection specialist by the child himself or any medical
attendant specialist or the board of a nursing home, clinic or
maternity home.

Given that the juvenile will be created before the Committee


with no loss of time yet inside a time of twenty-four hours
barring the time important for the excursion.

(2) The State Government may make rules predictable with


this Act, to accommodate the way of presenting the report to
the Committee and the way of sending and entrusting the child
to the child’s home or office or fit the individual, by and large,
during the time of the request.

Procedure
A child needing care and security is to be present before the
Child Welfare Committee inside 24 hours. To accommodate
youngsters isolated from his/her family. By announcing it has
been treated as a culpable offense. The Child Welfare
Committee is to send the kid needing care and security to the
suitable Child Care Institution and direct a Social Worker, Case
Worker or the Child Welfare Officer to lead the social
examination within 15 days. The Child Welfare Committees will
meet at least 20 days in a month and the District Magistrate
will direct a quarterly survey of the working of the Child
Welfare Committee.
A youngster needing care and security will be set in a
Children’s Home for care, treatment, guidance, preparing,
advancement, and restoration. The Act accommodates Open
Shelters for Children needing network support on the
momentary reason for shielding them from misuse or getting
them far from an actual existence in the city. The Child Welfare
Committee could perceive an office to be a fit facility to
incidentally assume the liability of a youngster. The Specialized
Adoption Agency is to deal with the recovery of vagrants,
deserted or gave up kids.

Rehabilitation and Social


Reintegration
Section 40 to 55 deals with provision rehabilitation and social
reintegration:

Sect (40)- Process of rehabilitation and social reintegration—

(1) The reclamation and social integration of a youngster will


be the prime target of any Children’s Home, Specialized
Adoption Agency or open safe house.

(2) The Children’s Home, Specialized Adoption Agency or an


open safe house, all things considered, will make such strides
as are viewed as vital for the rehabilitation and social re-
integration of a youngster denied of his family condition briefly
or for all time where such child is under their consideration and
insurance.

(3) The Committee will have the forces to re-establish any


youngster needing care and rehabilitation and social
reintegration to his families, institution or fit individual, all
things considered, subsequent to deciding the reasonableness
of the guardians or institutions or fit individual to deal with the
child, and give them appropriate bearings.
Clarification- For the motivations behind this segment,
“restoration and safety of a child” means restoration to signify
reclamation to like Parents, adoptive parents, foster parents’
guardian or fit person or a fit individual.

Section 39: States Parties shall take all appropriate measures


to promote physical and psychological recovery and social
reintegration of a child victim of any form of neglect,
exploitation, or abuse torture or any other form of cruel,
inhuman or degrading treatment or punishment or armed
conflicts. Such recovery and reintegration shall take place in an
environment which fosters the health, self-respect, and dignity
of the child.

Institutional personnel and training


Rule 29 Capacity-building for staff employed in women’s
prisons shall enable them to address the special social
reintegration requirements of women prisoners and manage
safe and rehabilitative facilities. Capacity-building measures for
women staff shall also include access to senior positions with
key responsibility for the development of policies and
strategies relating to the treatment and care of women
prisoners.

The media and the public shall be informed about the reasons
that lead to women’s entrapment in the criminal justice system
and the most effective ways to respond to it, in order to enable
women’s social reintegration, taking into account the best
interests of their children.

Right to be Reformed
The juveniles who are alleged and found committed an offence
shall be reformed by restorative justice, deserving
rehabilitation and social reintegration than punitive and
retributive punishments. Awarding punitive and retributive
punishments to the children prevents society from moving on.
Children are presumed innocent and immature to understand
the consequences of crimes. Therefore, they must not take
responsibility for criminalization. The traditional objective of
criminal justice, retribution and repression must be given
away.

Section 27 CrPC clearly mentions that the law is executed for


the “treatment, training and rehabilitation of youthful
offenders” who are juveniles. Whereas juveniles justice Rules
2016 is providing rules that allow the juveniles may get away
from treatment, training, and rehabilitation, etc. These are
contradictory concepts.

Case Law: The reformatory approach to punishment should be


the object of criminal law, in order to promote rehabilitation
without offending communal conscience and to secure social
justice.

Narotam Singh v. The State of Punjab, AIR 1978


SC 1542; Section 27 CrPC
The jurisdiction in the case of juveniles- Any offence not
punishable with death or imprisonment for a life committed by
any person who at the date when appears or is brought before
the Court is under the age of sixteen years, maybe tried by the
Court of a Chief Judicial Magistrate, or by any court specially
empowered under the Children Act, 1960(60 of 1960), or any
other law for the time being in force providing for the
treatment, training, and rehabilitation of youthful offenders.

The juvenile who is addicted to alcohol or drugs which lead to


behavioral change in a person shall be referred to an
Integrated Rehabilitation Centre for Addicts or Similar centers
maintained by the State Government for mentally ill persons
for the period required for in-patient treatment of such
juveniles. Section 34 and 35 of Juvenile Justice Rules 2016
defines the manner of health and medical facilities to be
provided.

Efforts shall be made to provide juveniles, at all stages of the


proceedings, with necessary assistance such as lodging,
education or vocational training, employment or any other
assistance, helpful and practical, in order to facilitate the
rehabilitative process.

Rules relating to adoption


Meaning of Adoption
Section 2(2) of Juvenile Justice Act “adoption” signifies the
procedure through which the adopted child is for all time
isolated from his biological guardians and turns into the
legitimate child of his adoptive parents with all the rights,
benefits and duties that are joined to a biological child:

HAGUE CHILD ABDUCTION CONVENTION 25TH OCTOBER 1980

special features- protect children-simplify the court proceeding


in the interest of justice to the child.

Section 57 to 73 in juvenile act 2015 describes the different


procedures of Adoption.

Case Study: L.K. Pandey v. Association of India


It was held by the Supreme Court in public interest litigation –
The child has the right to love and affection. The first condition
is to look for a legal guardian within the country for welfare
and security of the child’s considered as of prime importance.
Other legal requirements are a Marriage Certificate with recent
photographs of couples, Income records. It had framed the
guidelines governing intercountry adoptions for the benefit of
the Government of India. A regulatory body, i.e., the Central
Adoption Resource Agency was recommended and set up by
the Government of India in the year 1989.

As indicated by section 56 of the Act vagrant, relinquished or


given up child might be embraced, independent of the
connection, religion, nation hindrance by the sets of equipped
court.

Section 57 deals with the competency of Prospective adoptive


parents must meet the legal adoption requirements of their
country of residence and those of the country whose
nationality the child holds. They ought to be genuinely fit,
financially stable, intellectually alert and profoundly energetic
to embrace a child for giving them a decent childhood to him.
If there should be a requirement of a couple-consent a single
or separated couple can give the consent for adoption. A single
male doesn’t have the right to adopt a young girl child.

Section 58: The Prospective Adoptive Parents (Indian PAPS)


applied an application for adoption to a Specialized Adoption
Agency (SAA). The authority checks proper House Safety
Records (HSR)of the PAPs if finding them legally eligible, it
mentioned if a child is legally free for adoption alongside a CSR
(child study report)and MER(medical examination report). On
acknowledgement, Specialized Adoption Agency will give the
child in pre-adoption child care with proper documents along
with an application applied in the court for getting the request
for adoption, in this way by appropriate guidelines by the
Authority.

Difference between Domestic and Intercountry case: Domestic


adoption case is filed u/s 58(3) whereas in Intercountry it is
filed u/s 59(7) or 60 of the Act

To encourage domestic adoption pre-adoption care is given to


children. In the case of inter-country adoption, it is not
mentioned. For intercountry adoption, the person or couple
becoming the legal or permanent parent of a child of another
country. Inter-country adoption is specifically regulated by the
1993 Hague Convention on the Protection of Children and
Cooperation in Respect of Inter-country Adoption though no
such obstruction is in Domestic Adoption in which the person or
couple of the same country as the child belongs.

Follow up activity after request in inter-country adoption- Sec


59(11)The approval from organization, or Central Authority, or
the concerned Government division, by and large, will confirm
the progress reports of the child in the adoptive family and will
be liable for making alternate option on account of any
disturbance, by concerning with Authority and concerned
Indian diplomatic mission, the way as given in the
appropriation guidelines encircled by the Authority.

Fulfillment of the court- Sec-61 Adoption is for the welfare of


the youngster; Due consideration is given as per age and
understanding of a child.No payment or fees have to pay to
any PAP and SAA. The appropriate proceedings will be held in
camera and the case will be disposed of by the court within a
time of two months from the date of recording.

The adoption process in the court is definitely not a general


court proceeding in that the assembly is not litigant or arguing
it is an application where the strict rule of
Criminal.Procedure.Code (Crpc)and evidence act aren’t
applicable. Adjournment must be explained as you need to
dispose of the case within two months and the record of the
case ought to be guarded in custody.

An investigation was done by the court the Petition filed must


be documented according to requirements of the Child
Adoption Resource Authority rules alongside the testimony of
the Secretary of Specialized Adoption Agency and the
Prospective Adoptive Parents. Annexure should be according to
CARA rules nothing less nothing more. The case is filed within
ten days of the NOC or Pre-adoption consideration.

Orders
Proposed adopters are permitted to take the child with them
and in the application mentioned the details of the child taken
for adoption- The Proposed adopters are proclaimed as the
new parents of the said minor child having rights of parent’s
privileges, benefits, and obligations.

Adoptive guardians should take the child out of the ward of the
court where all legal proceedings are going on and take the
child to their new home. The Municipal Corporation issued birth
certificates to the minor child referencing the proposed
adopters as guardians of the child.

Offences against Children


The Juvenile Justice Act of 2015 is far less behind in controlling
the juveniles’ misconduct. By reviewing the juvenile justice Act
2015, there are sorts of offences.

Section 74 to 89 deals with offences against children.

The juvenile justice Act, 2015 remembers a different section


for offenses against youngsters and a few of the offenses
recorded right now so far not enough secured under some
other law. These incorporate deal and obtainment of the child
for any reason including unlawful appropriation.

1. Beating in a childcare home;


2. Giving children inebriating alcohol or opiate sedate or
psychotropic substance;
3. Misuse of youngsters by militant or adult groups;
4. Offenses against handicapped kids; and
5. Grabbing and snatching kids.
Draft amendment in Rules
For the powerful execution of these plans, the Draft Rules will
specify children’s cordial methodology to summarize and to
keep a record of it. It is recommended that each police
headquarters will have a child cordial room, and a special
children’s room will be assigned in each Court complex.
Notwithstanding the Draft Rules, forms have likewise been
drafted to institutionalize and improve to execute plans. An
aggregate of 49 Forms has been drafted which is more than
twofold the forms in Model Rules, 2007. Separate individual
consideration rules for kids needing care and insurance and
those in a struggle with legal matters have been made, a draft
structure for social foundation recording data report has been
created to help the police in recording data about kids. Rules
are designed for the regular audit of youngsters in the age
group of 16-18 years for their wellbeing. A few different rules
are identified with the occasional report by a post-trial
supervisor, case checking sheet, Comprehensive psycho-social
report, Rehabilitation card, and so on will go far in better
understanding and execution of the Act and Rules surrounded
thereunder.

How is the JJ Act in India is


different from other countries?
• Table 1
The minimum age for the Juvenile at
Country
which he can be charged with an
United States offence
the age ranges from six to ten years
of America
United the age limit is ten years
Kingdom
South Africa the age is often years
France by offence committed
Canada after the age of twelve years.
Germany at the age of fourteen years.
India (Juvenile
Under IPC after the age of seven years.
Justice Act
2015)

• Table 2
Country The age in which Juvenile can be
United States of tried as an
From the ageadult
of 13 years
America 17 years in England, Wales and
United Kingdom
Northern Ireland, 16 years in Scotland
The juvenile can be treated as an adult
South Africa
from the age of sixteen years
France The age of being an adult is sixteen
The age of the juvenile who will be
Canada
treated as an adult is fourteen years
Germany At the age of fourteen years.
India (Juvenile From the age of sixteen in the case of
Justice Act 2015) heinous crimes

• Table 3
Country Type of offences for which the minor can
United be tried
aggravated sexual abuse, murder, assault,
States of robbery, firearms offences, and drug
America
United Murder, rape, causing any explosion likely to
Kingdom endanger life or property
South robbery, murder, rape
Africa
France Armed robbery, murder, rape and drug offences
Canada Serious bodily harm to any person, murder, and
aggravated sexual assault
Abuse of persons who are incapable of
Germany
resistance, or sexual abuse, or child abuse
India leading
“Serioustooffence
death (punishment 3-7 years e.g.
(Juvenile cheating, counterfeiting) or heinous offence,
Justice (punishment more than seven years e.g.
Act 2015) murder, rape, robbery)”

The need for the legislation


The loopholes in the execution of different safeguarding plans
for children needing care and assurance depend on the
circumstantial investigation it believes. The broadened gaps
due to misuse of laws and enactment need proper evaluation
as we’re not done before. Juveniles security administrations at
the region/city/state level, still to the huge educated child
needing care and education are outside the wellbeing net,
inadequate projects and subsidizing which bring Juveniles to be
included in poor kids, a lopsided portion of irrelevant assets, no
appropriate spotlight on institutional and non-institutional
administrations, absence of coordination of projects/benefits,
no opportune reclamation of kids with families, absence of
qualified experts, absence of parallel linkages with Education,
Health, Police, judiciary, Services for the handicapped, and so
forth. Additionally featured explicit holes, for example, the
absence of gauges in the institutional foundation in the
workplace of Child Welfare Committees (CWC) and juvenile
justice Boards (JJB), lacking offices for the viable working of
Child Welfare Committee and Juvenile Justice Board,
Inadequate under-qualified members in Child Welfare
Committee and Juvenile Justice Boards. They are lacking
behind in compelling observing and assessment of the juvenile
justice system, no legitimate offices for home alone kids,
abandoned children. Just a couple of children have profited
through Non-Institutional Care choices like Adoption, Foster
Care and Sponsorship and many who are deprived of all
support.
Conclusion
While most approaches to juvenile justice focus on the
punishment or treatment of juvenile delinquents, the
restorative justice process seeks to repair wrongs by involving
the entire community in offender rehabilitation and holding
them accountable for their behaviour.

It is absolutely imperative to rehabilitate and reintegrate the


child into society and to make him understand the grievance
and serious responsibility for the offence he has committed.
This is envisaged and dealt with in the Juvenile Justice Act of
2005 and includes the applicable provisions of the 1985 Beijing
Rules. Young minds being the future of society, their age, the
physical constitution must be taken into account. and mental.
The restorative justice system also maintains this objective as
its overarching goal.

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