Introduction and Overview of the Juvenile Justice Care and Protection Act, 2015
January 24, 2022
Table of Contents
·
The Historical Evolution of Juvenile Justice Act in India
·
Juvenile
Justice is construed
·
Juvenile
Justice Act of 2000
·
Juvenile
Justice Care and Protection Act, 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?
·
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.
To know more about introduction and overview of the
Juvenile Justice Care and Protection Act, 2015, please watch the video
below:
The Historical Evolution of Juvenile
Justice Act in India
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 Care and Protection Act, 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).
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.
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
According to a 2015–16 economic analysis, it is found that there
is a sharp decrease in government school enrolments in provincial regions from
2007 to 2014. It stressed the need to build these numbers significantly to
accomplish the Universalization of Education. However, considering such
proposals, funds assigned to the Sarva Shiksha Abhiyan was raised by a minimum
percent. There exists just a single welfare scheme identified with child labour
scheme for the welfare of working children in needing care and security and
that too saw a certain decline in funding.
It is appropriate to take note of those children needing care
and security just as children in conflict with the law scarcely discover
whether there any place in the budget allocation. An expansion in wrongdoings
against juveniles and juveniles makes them much progressively powerless,
henceforth the absence of consideration regarding child security is perturbing.
Deficient financing for essential plans will undoubtedly negatively affect the
reformative and rehabilitative methodology received by the acts of 2000 and
2015.
Juvenile Justice (Care and Protection) Act 2015 was passed in
light of the failure of Child protection. Yet at the same time there exists a
similar circumstance due to the absence of duty and commitment, coordination
between different partners in Child Protection and due to the absence of
experienced and logical social work experts in the usage of ICPS at state to
grass-root level. Child protection should go under a single organization following
with a positive, adequate and proficient hierarchical structure which should
root till the village level.
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