JUVENILE JUSTICE | JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2015

This article has discussed about the Concept of Juvenile Justice under the Juvenile Justice (Care and Protection of Children) Act 2015 including history & features of the Act, who is Juvenile and the role of Juvenile Bord (JJB)

 

1. INTRODUCTION:

 

The Juvenile Justice (Care and Protection of Children) Act 2015 has been enacted to deal with matters relating to children alleged and found to be in conflict with law and children in need of care and protection. It has come into force on 15^th January 2016. The old Act of 2000 has been repealed under section 111 of the new Act of 2015. The main difference between the new act and the old act is that in the old act there was no provision for the trial of juvenile in conflict with law and there was no any scope for imprisonment of juvenile. But under the new act if any children in conflict with law commits any heinous offence and the Juvenile Justice Board after assessment of his age refers him to Children’s Court for trial then the Children’s Court would try his case like an adult. But in no case a child be sent to jail before the completes the age of 21 years. Till then he will be kept in place of safety.

 

2. FEATURES OF THE ACT

 

The Juvenile Justice (Care and Protection of Children) Act, 2015 is an important legislation in India that deals with the care, protection, treatment, and rehabilitation of children in conflict with the law and children in need of care and protection. It replaced the Juvenile Justice (Care and Protection of Children) Act, 2000, and was enacted to bring the legal framework in line with international standards, particularly the United Nations Convention on the Rights of the Child (UNCRC).

 

Key features of the Juvenile Justice Act, 2015 include:

 

1. Differentiated Treatment: The Act makes a clear distinction between juveniles in conflict with the law (those who commit offenses) and children in need of care and protection (such as abandoned, destitute, or abused children). It recognizes that juveniles involved in criminal activities need special care and rehabilitation.
2. Juvenile Justice Boards (JJBs): The Act provides for the establishment of Juvenile Justice Boards in every district to deal with cases involving juveniles in conflict with the law. The board is composed of a Metropolitan Magistrate or a Judicial Magistrate, and two social workers, of whom at least one should be a woman.
3. Child Welfare Committees (CWCs): The Act mandates the establishment of Child Welfare Committees at the district level to deal with cases of children in need of care and protection. The committee consists of a chairperson and four other members, including at least one woman.
4. Rehabilitation and Social Reintegration: The Act emphasizes the rehabilitation and social reintegration of juveniles in conflict with the law. It provides for various rehabilitation services, such as education, skill development, counselling, and vocational training, to help them lead productive lives after their release.
5. Juvenile Justice Fund: The Act establishes a Juvenile Justice Fund in each state to support various rehabilitation and welfare programs for children.
6. Adoption and Foster Care: The Act lays down procedures for adoption and foster care to ensure that children without family support can find suitable and loving homes.
7. Offenses and Penalties: The Act categorizes offenses committed by juveniles into three categories - petty offenses, serious offenses, and heinous offenses - and prescribes different penalties and procedures for each category.
8. Age Determination: The Act provides for the determination of the age of juveniles, especially in cases where their age is in question.
9. Non-institutional Services: The Act promotes non-institutional services like foster care, sponsorship, and aftercare to reduce the reliance on institutional care for children.
10. Juvenile Justice Police Units: The Act encourages the establishment of special police units to handle cases involving juveniles, ensuring their rights are protected during the investigation.

 

The Juvenile Justice (Care and Protection of Children) Act, 2015 emphasizes the rehabilitation and reintegration of children, aiming to provide them with opportunities for a better future. It is a crucial piece of legislation to protect and safeguard the rights of children in India.

 

3. HISTORY OF THE ACT

The history of the Juvenile Justice (Care and Protection of Children) Act, 2015 in India can be traced back to the early 20th century when the country first recognized the need for separate treatment of juvenile offenders and children in need of care and protection. Over the years, the legislation evolved to address the changing perspectives on juvenile justice and align with international standards.

Here is an overview of the historical developments leading up to the enactment of the Juvenile Justice Act, 2015:

1. The Apprentices Act, 1850: One of the earliest legal provisions concerning juvenile offenders was the Apprentices Act, 1850, which focused on the rehabilitation and vocational training of young delinquents.
2. Reformatory Schools Act, 1897: This act provided for the establishment of reformatory schools for the custody, education, and training of juvenile delinquents.
3. The Children Act, 1960: This legislation, influenced by the principles of the United Nations Declaration on the Rights of the Child (1959), emphasized the welfare and protection of children, especially those in need of care and protection. It laid the foundation for a comprehensive juvenile justice system.
4. The Juvenile Justice Act, 1986: This act was a significant step in the development of juvenile justice in India. It recognized the concept of a Juvenile Welfare Board and Juvenile Courts to handle cases of juvenile offenders. The Act introduced the principle of reformative rather than punitive treatment for juveniles in conflict with the law.
5. The Juvenile Justice Act, 2000: This was a comprehensive and significant revision of the 1986 Act. It included provisions for the establishment of Juvenile Justice Boards and Child Welfare Committees, introduced the concept of a probation officer, and emphasized the rehabilitation and social reintegration of juvenile offenders. The Act also mandated the setting up of observation homes and special homes for children in need of care and protection.
6. The Justice J.S. Verma Committee: In the wake of the brutal Nirbhaya gang rape case in Delhi in 2012, there were calls to lower the age at which juveniles could be tried as adults. The Justice J.S. Verma Committee, appointed to review laws related to sexual offenses, recommended against lowering the age of juveniles but suggested certain amendments to the Juvenile Justice Act.
7. The Juvenile Justice (Care and Protection of Children) Act, 2015: Based on the recommendations of the Justice J.S. Verma Committee and in line with the principles of the United Nations Convention on the Rights of the Child (UNCRC), the Juvenile Justice Act, 2015 was enacted. It aimed to strengthen the juvenile justice system, provide for a more child-friendly approach, and emphasize the rehabilitation and social reintegration of juvenile offenders.

The Juvenile Justice (Care and Protection of Children) Act, 2015, marked a significant shift towards a rights-based and rehabilitative approach to dealing with children in conflict with the law and children in need of care and protection in India. It sought to protect the rights and best interests of children while recognizing their capacity for reform and reintegration into society.

 

4. WHO IS A JUVENILE OR CHILD:

 

• A juvenile means a child below the age of eighteen years.
• A child means a person who has not completed eighteen years of age. 
• A child in conflict with law means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of offence.

 

5. JUVENILE JUSTICE BOARD:

 

Section 4 of the Act provides for constitution of a juvenile justice board for every district and it consists of a Judicial Magistrate 1^st class as the Principal Magistrate and 2 social workers of whom at least one shall be a woman as members of the Board. Juvenile Justice Board has the exclusive power to deal with children in conflict with law.

 

Juvenile Justice Board has been constituted to exclusively deal with matters relating to children in conflict with law. Juvenile Justice Board consists of Judicial Magistrate First Class and two other members of whom at least one shall be woman, are appointed from among social workers, who have been actively involved in health, welfare activities pertaining to children for at least 7 years.

 

Section 14 provides that if any children in conflict with law commits any heinous offence and on the day of alleged commission of offence his age is less than 16 years in that case the concerned Juvenile Justice Board will conduct the inquiry. But if it is found that on the day of alleged commission of offence the children in conflict with law is aged about 16 years or above, in that case his matter would be dealt with under section 15 of the new act

 

Section 15 further provides that if on the day of alleged commission of offence the children in conflict with law is found to be aged about 16 years or above, then Juvenile Justice Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence and may pass order in accordance with provision of sub section (3) of section 18.

 

Section 18 (3) provide that if the Board after preliminary assessment decides that there is need for trial of the said child as an adult, then the board may transfer the case for trial to the children's court.

 

Section 19 also provides that if the Children's Court after considering everything decides that there is need for trial of the child as an adult as per the provisions of the Code of Criminal Procedure, 1973 then the said Court shall pass appropriate order after conducting trial maintaining a child friendly atmosphere. If the Children's Court decides that there is no need for trial of the child as an adult then the said Children's Court shall pass necessary order as a board after conducting inquiry. In passing order Children's Court shall consider, rehabilitation of the Child, report of Probation Officer or the District Child Protection Unit or a Social Worker etc.

 

Section 47 provides for establishment of observation homes for temporary reception, care rehabilitation of any child alleged to be in conflict with law, during the pendency of any inquiry under this Act.

 

Section 48 talks about special homes for rehabilitation of children in conflict with law who are found to have committed an offence.

 

A child alleged to be in conflict with law on apprehension shall be placed under the charge of special juvenile police unit or the designated police officer for production before the board within 24 hours of his apprehension and a child alleged to be in conflict with law shall not be kept in a police lockup or in jail.

 

A child alleged to be in conflict with law on his/her arrest shall be released on bail with or without surety or may be placed under the supervision of probation officer or under the care of an institution. The special juvenile police unit or the designated officer as soon as the child is apprehended shall inform the parents.

 

The Juvenile Justice Board after completion of inquiry may admonish and advise the child and allow him to go home or direct the child to participate in group counselling and community service or direct the parents of the child or the child himself to pay fine or to release him on probation of good conduct or send the child to a special home for a period not exceeding 3 years.

 

The act provides for constitution of a child welfare committee in every district to look after children in need of care and protection

 

The committee has the final authority to dispose of cases for the care, protection, rehabilitation etc. of the children and to provide their basic needs.

 

Any child in need of care and protection may be produced before the committee by any police officer or special juvenile police unit or designated police officer or public servant or child line or social worker or the child himself.

 

The state government shall establish children homes and shelter homes for the children in need of care and protection.

 

The committee is also empowered to look after the rehabilitation and social reintegration of the child in need of care and protection and it includes giving the child in adoption to a family.

 

In all police station at least an officer, not below the rank of Assistant Sub-Inspector shall be designated as child welfare officer and a police unit shall be designated to handle the children and child in need of care and protection.

 

6. CONCLUSION

 

The philosophy behind juvenile justice is rooted in the belief that young offenders, given the appropriate support and guidance, can be steered away from a life of crime. However, opinions on the effectiveness of the juvenile justice system have varied over the years, and some argue for reforms to balance rehabilitation with accountability for more serious offenses.