All About Juvenile Justice Act
June 24, 2019
Table of Contents
· The Historical Evolution of Juvenile Justice Act in India
· Juvenile
Justice is construed
· Juvenile
Justice Act of 2000
· Juvenile
Justice Act of 2015
· Important
definitions under the Act
o
§ Rule
2.2 of the Beijing Rules mentioned
§ Recent amendments in the Juvenile Justice Act Bill 2015
passed by the Lok Sabha
· General principles of care and protection of children
· What are two categories of Children who are protected
under the Juvenile Justice
· What is the Institutional Care provided for the juveniles?
· What is the Non-Institutional Care provided for the
juveniles?
· What is the
role of the 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?
· Procedure in relation to children in conflict with the
law
o
§ Functions
and Responsibilities of Committee
· Procedures to be followed for children who need care
o
· Rehabilitation
and Social Reintegration
§ Narotam Singh v. The State of Punjab, AIR 1978 SC 1542;
Section 27 CrPC
§ Case Study: L.K. Pandey v. Association of India
§ Orders
· How is the JJ Act in India is different from other
countries?
· The need for
the legislation
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
To know
more about introduction and overview of the Juvenile Justice Care and
Protection Act, 2015, please watch the video below:
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 definitions 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:
|
Similarities |
Contrasts |
||
|
1 |
Child |
younger than 18 years. |
· A child born after birth referred to as a teen. · A child may be in Conflict in Law in needs of care and
security. |
|
2 |
Juvenile |
younger than 18 years. |
· A juvenile has a lower age limit as per section 82 of
Indian Penal Code, he must be over 7 years of age. · A child who faces legitimate procedures in the claim of an
offence or wrongdoing. |
|
3 |
Child in conflict with the law. |
younger than 18 years. |
· A child who faces legal proceedings in the allegation for
an offence. |
Important Definitions
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.
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
distributed 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.
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.
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 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
conflict 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.
1.
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.
2.
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”.
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
Confidentiality- 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:
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
|
Country |
The minimum age for
the Juvenile at which he can be charged with an offence |
|
United States of
America |
the age ranges from
six to ten years |
|
United Kingdom |
the age limit is
ten years |
|
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 Justice
Act 2015) |
Under IPC after the
age of seven years. |
· Table 2
|
Country |
The age in which
Juvenile can be tried as an adult |
|
United States of
America |
From the age of 13
years |
|
United Kingdom |
17 years in
England, Wales and Northern Ireland, 16 years in Scotland |
|
South Africa |
The juvenile can be
treated as an adult from the age of sixteen years |
|
France |
The age of being an
adult is sixteen |
|
Canada |
The age of the
juvenile who will be treated as an adult is fourteen years |
|
Germany |
At the age of
fourteen years. |
|
India (Juvenile Justice
Act 2015) |
From the age of
sixteen in the case of heinous crimes |
· Table 3
|
Country |
Type of offences
for which the minor can be tried |
|
United States of
America |
aggravated sexual
abuse, murder, assault, robbery, firearms offences, and drug |
|
United Kingdom |
Murder, rape,
causing any explosion likely to endanger life or property |
|
South Africa |
robbery, murder,
rape |
|
France |
Armed robbery,
murder, rape and drug offences |
|
Canada |
Serious bodily harm
to any person, murder, and aggravated sexual assault |
|
Germany |
Abuse of persons
who are incapable of resistance, or sexual abuse, or child abuse leading to
death |
|
India (Juvenile
Justice Act 2015) |
“Serious offence
(punishment 3-7 years e.g. cheating, counterfeiting) or heinous offence,
(punishment more than seven years e.g. 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.
Reference
1.
Supreme Court of India, Jameel vs State Of Maharashtra on 16
January 2007
2.
THE SUPREME COURT OF INDIA, Raj Singh vs State of Haryana
CRIMINAL APPEAL NOS. 701-702 /2015
3.
The Supreme court of India, Pratap Singh vs State of Jharkhand
and Anr Criminal Appeal No. 210 of 2005
4.
JUVENILE JUSTICE SYSTEM IN INDIA: FROM WELFARE TO RIGHTS by
Prof. Ved Kumari, Delhi University
5.
United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (“The Beijing Rules”) adopted
by the General Assembly resolution 40/33 of 29 November 1985.
6.
Juvenile Justice Act, 1986.
7.
Juvenile Justice, Act of 2000.
8.
The United Nations Convention on
the Rights of the Child, 2000.
9.
Juvenile Justice (Care and
Protection of Children) Act, 2015.
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