Analysis by: ASHAFAK HUSEN
(Bachelor of Law, from: D.D.U. Gorakhpur, University, Gorakhpur, Uttar Pradesh 2023)
Introduction
The Juvenile Justice (Care and Protection of Children) Act, 2015, is a landmark legislation in India that fundamentally redefines the country’s approach to juvenile justice. Enacted on January 15, 2016, this act is a comprehensive legal framework designed to address the rights, care, protection, and rehabilitation of children in conflict with the law and those in need of care and protection. It supersedes the Juvenile Justice (Care and Protection of Children) Act, of 2000, reflecting a significant evolution in India’s response to juvenile offenders and vulnerable children.
At its core, this act embodies a philosophy that strives to strike a balance between accountability for juvenile offenders and the recognition of their unique vulnerabilities. It represents a harmonious blend of international standards, constitutional principles, and a progressive vision of juvenile justice. The 2015 act embodies the principle of restorative justice, emphasizing the reintegration of juvenile offenders into society while ensuring their rights and dignity are upheld.
The history of juvenile justice in India can be traced back to the Juvenile Justice Act of 1986, which laid the groundwork for a separate legal framework dedicated to juveniles. However, over the years, there was a growing realization that the 2000 act, which had replaced the earlier one, required significant amendments to address emerging challenges, especially concerning juvenile offenders involved in heinous crimes.
The Juvenile Justice (Care and Protection of Children) Act, 2015, introduces several vital amendments, notably allowing for the trial of juveniles aged 16 to 18 years for heinous crimes in regular courts, a provision that had generated substantial debate and discussion. It also extends the preliminary evaluation period for children in conflict with the law, reinforces their right to education and employment, and introduces provisions for the expungement of records.
This act not only provides a robust legal framework but also establishes institutional mechanisms such as Juvenile Justice Boards and Child Welfare Committees to ensure the effective implementation of its provisions. It serves as a testament to India’s commitment to child rights, emphasizing rehabilitation, reintegration, and the well-being of its youngest citizens.
In the following sections, we will delve deeper into the historical context, objectives, important provisions, significance, criticisms, and limitations of The Juvenile Justice (Care and Protection of Children) Act, 2015.
History of the Juvenile Justice Act
The journey towards The Juvenile Justice (Care and Protection of Children) Act, 2015, reflects a significant evolution in India’s approach to juvenile justice. It is a product of decades of legal and social reform, driven by changing perceptions of child rights and juvenile offenders’ treatment.
The foundation for juvenile justice in India was laid with the Juvenile Justice Act of 1986. This act recognized the unique vulnerabilities of children and aimed to provide a separate legal framework for dealing with juveniles in conflict with the law. It introduced the concept of a “juvenile” and emphasized rehabilitation and reformation.
However, over time, it became evident that the 1986 act had limitations, particularly in dealing with serious crimes committed by juveniles. The need for reform gained momentum following the gruesome 2012 Delhi gangrape and murder case, where one of the accused was a juvenile. Public outcry and demands for stricter punishment for juvenile offenders led to a critical reevaluation of India’s juvenile justice laws.
In response to these concerns, the government proposed substantial amendments to the existing legislation. The proposed changes sought to lower the age limit for treating juveniles as adults in cases of heinous crimes, a move that generated heated debates and divided public opinion.
Amidst this debate and discussions, The Juvenile Justice (Care and Protection of Children) Bill, 2014, was introduced in Parliament. After being passed by both houses, it received the President’s assent on December 31, 2015, and subsequently came into effect on January 15, 2016, as The Juvenile Justice (Care and Protection of Children) Act, 2015.
The 2015 act incorporated several amendments, including the contentious provision allowing the trial of juveniles aged 16 to 18 years for heinous crimes in regular courts. It also emphasized the importance of rehabilitation and reintegration and introduced measures to protect the rights and dignity of children in conflict with the law.
This act represents the culmination of a long and complex journey in India’s legal history, balancing the need for accountability and punishment with the recognition of children’s unique vulnerabilities and their potential for reformation and reintegration into society.
Object of the Act
The Juvenile Justice (Care and Protection of Children) Act, 2015, encapsulates several core objectives that underscore its significance in the Indian legal landscape. This act was enacted to comprehensively address the issues concerning children, both as victims and offenders, in a manner that aligns with international standards and evolving social perspectives.
First and foremost, the primary objective of the act is to provide care, protection, and support for children. It recognizes that children are vulnerable and need special safeguards, particularly when they come into conflict with the law or face challenging circumstances. The act ensures that children’s rights are upheld and their best interests are paramount in all decisions.
Furthermore, the act aims to strengthen the juvenile justice system by promoting a child-centric approach. It seeks to strike a balance between accountability and the principle of reformation by delineating different processes for juveniles and adults in conflict with the law. The act underscores the need to rehabilitate and reintegrate juvenile offenders into society, emphasizing their potential for positive change.
In essence, the object of The Juvenile Justice (Care and Protection of Children) Act, 2015, is to create a legal framework that safeguards the rights and well-being of children, facilitates their rehabilitation, and promotes a just and humane approach in dealing with children in conflict with the law. It signifies India’s commitment to international conventions and standards related to child rights and juvenile justice.
Important Provisions of the Act
The Juvenile Justice (Care and Protection of Children) Act, 2015, represents a comprehensive legislative framework aimed at addressing the unique needs and vulnerabilities of children, both as victims and offenders. While retaining the core principles of the earlier Acts, this legislation introduces significant amendments and provisions to enhance the juvenile justice system in India. Here are some important provisions, both amended and new:
| S.NO | IMPORTANT PROVISIONS | SUMMARY |
| 1. | PURPOSE OF THE ACT | This Act aims to consolidate and amend laws relating to children in conflict with laws and children requiring care and protection. This Act aims to provide basic needs, proper care, protection, development, treatment, social re-integration etc. by adopting child friendly approach in disposing of matters keeping in mind the best interest of children. The Act also has provisions like adoption, childcare homes quantum of punishment to children in conflict with law etc. |
| 2. | EXTENT | Act extends to whole of India |
| CHAPTER II | ||
| 3. | SECTION- 3 PRINCIPLES TO BE FOLLOWED | The central government, state government and other agencies shall presume the child to be innocent and free from criminal intent, moreover state shall uphold dignity and worth of individuals, the child will have right to be heard and the primary and the primary objective would be best interest of child, family also has responsibility towards te child including biological, adoptive, foster parents. Also, the safety of the child and positive measures for wellbeing are considered. Also, no wave of any right of child is permissible and no discrimination against the child on any grounds, child privacy and confidentiality throughout the judicial process. The child is to be placed in government institutions as a last resort, repatriation and restoration with family is to be ensured. A fresh start is to be given to the child and all past records of juvenile justice be erased in special circumstances. children in conflict in law would not be made to go through judicial process unless it is in interest of child or whole society, basic principles of natural justice are also to be upheld. |
| Chapter III | ||
| 4. | SECTION-4 JUVENILE JUSTICE BOARD | State Government to constitute Juvenile Justice Board (hereafter referred as J.J. Board) for each district. Bord to comprise of JM 1st Class and 2 social workers. A person with a past record of Human Rights or child rights cannot be appointed member. Board to discharge functions relating to children in conflict with law. |
| 5. | SECTION- 5 PERSON CEASING TO BE JUVENILE DURING INQUIRY | When an enquiry has been initiated and during its course the child turns 18 orders would be passed by JJ board irrespective of this Act. |
| 6. | SECTION-6 PLACEMENT OF PERSON WHO COMMITED OFFENDED BELOW THE AGE OF 18 YEARS BUT TURNED 18. | Any person who has reached 18 years of age and had committed an offence when below 18 such person would be treated as child. |
| 7. | SECTION- 8 POWER, FUNCTION, RESPONSIBILTY OF JJ BOARD | POWER- To exclusively deal with the proceedings relating to children in conflict with law in its jurisdiction. FUNCTION & RESPONSIBILITIES a) Ensure informed participation of child, parent or guardian in every step of process. b) Ensure protection of child rights in every step. c) Provide legal aid. d) Direct social investigation and get its report within 1 5 days (about 2 weeks) to ascertain circumstances in which offence was committed. e) Adjudicate cases of children in conflict with law. f) Inspection of residential facilities of children in conflict with law at least once a month. g) Direct police to register FIR & investigate offences against children. h) Inspection of jails to check whether any child is there. i) Any other function as prescribed. |
| CHAPTER IV | ||
| 8. | SECTION- 10 APPREHENSION OF CHILD IN CONFLICT WITH LAW | After apprehension by police the child is handed over to juvenile police unit or child welfare officer, who produces the child before JJ Board in 24hrs. |
| 9. | SECTION- 12 BAIL | If a non bailable offence committed by a child conflict with the law, they shall be released on bail but would be sent to childcare facility/observation home if reasonable grounds for believing that child can meet criminals, or it is necessary for justice. |
| 10. | Section-14 Inquiry by JJ Board | Inquiry to be conducted against child in conflict with law as per Section 17 & 18 of the Act. Inquiry to be completed within 4 months with a maximum extension of 2 months. In cases of heinous offences under sec 15 assessment to be completed in 3 months. |
| 11. | Section-15 Preliminary assessment of heinous offences | Alleged commission of heinous if done by child below 16 years Board make assessment with regard mental & physical capacity to commit offence, ability to understand consequences and circumstances. If board is satisfied that matter can be disposed by it the board would conduct the matter as per summons case of CrPC. |
| 12. | SECTION 17 ORDERS REGARDING CHILD FOUND NOT IN CONFLICT WITH LAW | If the board is satisfied that the child has not committed any offence the board will pass the order with that effect. The board can also pass orders for appropriate measures for the protection and care of child. |
| 13. | SECTION-18 ORDERS REGARDING CHILD FOUND IN CONFLICT WITH LAW | If child is below 16 years irrespective of crime being serious or petty a) Allow the child to go home after advice or admonition following appropriate counselling to the child and parents or guardians. b) Order child to participate in group counselling sessions or community service. c) Order parents, the child or the guardian to pay a fine. d) The child can be released on probation and kept in supervision for 3 years. e) Direct the child to be sent to a special home for a period not exceeding three years for reformation. f) Moreover, the board can order that the child attends school, gets vocational training, therapy, de-addiction etc. |
| 14. | SECTION-19 POPWERS OF CHILDREN’S COURT | After receipt of assessment JJ board under section 15 children’s court would decide a) Need for trial of child as adult as per CrPC and pass appropriate orders as per section 21 of this Act. |
| b) That children’s court shall ensure final order includes rehabilitation plan. c) Children’s court shall ensure that child found guilty would be sent to place of safety untll attaining 21 years of age. Thereafter he can be transferred to jail. | ||
| 15. | SECTION 20 CHILD COMPLETED 21 YEARS OF AGE & YET T COMPLETE TERM | When 21 years has been completed but term not completed follow up assessment by probation officer to evaluate reformative changes in child and whether he ca be let back into the society. On that report children’s court can direct release with conditions or decide that rest of term shall be completed in jail. |
| 16. | SECTION 21 ORDER THAT MAY NOT BE PASSED | No child in conflict with law shall be sentenced to death or life imprisonment without the possibility of release for any offence. |
| CHAPTER V | ||
| 17. | Section 27 to 30 Child Welfare Committee Powers & Functions | The State Government may by notification constitute one or more Child Welfare Committee in every district. The committee shall have the authority to exclusively deal and dispose of cases for care, protection, treatment, development and rehabilitation of children in need and care of protection and basic needs. The committee also looks into aspects like foster care, rehabilitation, restoration of children. The committee moreover declares children to be orphan, abandoned and surrendered and legally free for adoption after due enquiry. The committee further takes cognizance of cases of children requiring care and protection suo motu. |
| CHAPTER VI | ||
| 18. | Section 31 to 38 PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION | Child in need of care and protection is to be produced before CWC within 24hrs.child separated from guardian is to be mandatorily reported to the CWC within 24hrs. Non reporting of such child is an offence and is punishable with upto 6 months imprisonment or fine of Rs.10,000/- If a parent or guardian wishes to surrender the child for physical, emotional and social factors beyond their control, wishes to surrender a child must produce it before the committee and upon satisfaction the CWC would get surrender deed executed by parent or guardian. The CWC along with Specialised Adoption Agency is to ensure adoption and foster care. The CWC also makes |
| efforts for tracing parents of children found without guardians. | ||
| CHAPTER VII | ||
| 19. | SECTION 39 TO 55 REHABILITATION AND SOCIAL RE INTEGRATION | The main object of this act is to enable rehabilitation and social re-integration and restoration of child in need of care and protection. This chapter further provides for registration of child care institutions. Further foster care, sponsorship, observation homes, special homes etc. are also provided in this Chapter. |
| CHAPTER VIII | ||
| 20. | SECTION 56 TO 73 ADOPTION | Adoption is to ensure the right to family for orphan, abandoned and surrendered children. Prospective parents are eligible for adoption if they are physically fit, financially sound, mentally alert and motivated to adopt a child and provide a good upbringing. In case of couple consent of both spouses is required, a single or divorced person can also adopt but a single male cannot adopt a girl child and the Specialised Adoption Agency looks into the process of adoption. Inter country adoption is also enabled by this Chapter. The effect of adoption is that the child becomes the child of the adoptive parents for all purposes including intestacy. If any property has been divested into the child immediately before adoption that property is to remain with the child. |
| CHAPTER IX | ||
| 21. | SECTION 74 TO 89 OTHER OFFENCES AGAINST CHILDREN | Chapter IX of the JJ Act. codifies some specific offences against children and provides for punishments for such offenders: 1. It would be offence to disclose the identity of child in conflict with the law, any person doing so shall be punished with six months imprisonment for a term which may extend to 6 months or upto 2 lakh fine or both. 2. Punishment for cruelty to child- upto 3 year imprisonment or 1 lakh fine or both. 3. Employing child for begging is punishable with upto 5 year imprisonment or 1 lakh fine or both. 4. Penalty for giving intoxicant or narcotic drug to child- upto 7 year imprisonment or 1 lakh fine or both. |
| 5. Engaging child in smuggling will be punishable with upto 7 year imprisonment or 1 lakh fine or both. 6. Exploitation of child employee is punishable with upto 5 year imprisonment or 1 lakh fine or both. 7. Sale and procurement of children is punishable with upto 5 year rigorus imprisonment or 1 lakh fine or both. 8. Corporal punishment and use of child by militant groups is also an offence. | ||
| CHAPTER X | ||
| 22. | Section 90 to 110 MISCELLANEOUS | The Act further contains provisions regarding childcare like care of mentally ill or addicted children. The act further provides that appeal to judgment of JJ Board can be made to Court of Session without any provision of second appeal. Order of Children Court can be made before the High Court. The power of revision lies with the high court. Further there are provisions of Juvenile Justice fund etc. in this act. |
Need and Significance of the Act
The Juvenile Justice (Care and Protection of Children) Act, 2015, emerged from a critical need to address the complex and sensitive issues surrounding children in conflict with the law and children in need of care and protection in India. Its significance lies in several key aspects:
1. Child-Centric Approach: The act places the child’s best interests at the core of all its provisions. It recognizes that children are inherently different from adults in terms of mental and emotional development, making it essential to have a distinct legal framework to safeguard their rights.
2. International Commitments: India is a signatory to international conventions like the United Nations Convention on the Rights of the Child (UNCRC), which necessitates the development of domestic legislation in line with global standards. The act ensures that India fulfills its obligations under these treaties.
3. Strengthening Rehabilitation: The act focuses on the rehabilitation and reintegration of juvenile offenders into society. It acknowledges that many children in conflict with the law come from disadvantaged backgrounds and may be victims themselves.
4. Addressing Heinous Crimes: While retaining the principle of treating children under 18 as juveniles, the act introduces provisions to address the rising concerns of heinous crimes committed by juveniles aged 16 to 18. It balances the need for accountability with the understanding of their potential for reform.
5. Child Welfare: The act strengthens the child welfare system by mandating the formation of Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) in every district. These bodies ensure that decisions regarding children in need of care and protection are made by experts, safeguarding their rights.
6. Monitoring and Evaluation: Regular monitoring and evaluation of the act’s implementation are integral, ensuring accountability and efficiency in the juvenile justice system.
In essence, the Juvenile Justice Act, 2015, represents a significant step in safeguarding the rights and well-being of children in India. It recognizes their vulnerability, focuses on rehabilitation, and aligns with international standards, reflecting a commitment to nurturing a just and compassionate society where children are protected, supported, and given the opportunity to thrive.
Criticism and Limitations of the Act
While the Juvenile Justice Act, 2015, is a commendable effort to address the complexities of juvenile justice in India, it has faced criticism and has certain limitations that need consideration:
1. Age Determination Challenges: One significant criticism revolves around determining the age of juveniles accurately. In many cases, the age of the accused is disputed, leading to delayed justice. The act does not provide a foolproof mechanism for age verification, leading to potential misuse.
2. Heinous Crimes Controversy: The provision allowing juveniles aged 16 to 18 involved in heinous crimes to be tried as adults has sparked debate. Critics argue that this move is retributive rather than reformative and may subject juveniles to harsher penalties without considering their potential for rehabilitation.
3. Overburdened Infrastructure: The act’s ambitious vision of establishing Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) in every district has faced challenges in terms of infrastructure and human resources. Many regions still lack adequately equipped institutions, leading to delays and inefficiencies.
4. Lack of Skilled Personnel: The act places significant importance on the role of experts, such as Child Welfare Officers and Social Workers. However, there is a shortage of skilled professionals to effectively implement its provisions, hampering its success.
5. Reintegration Difficulties: While the act emphasizes rehabilitation and reintegration, the ground reality often falls short. Lack of appropriate vocational training and counseling for juvenile offenders makes it difficult for them to reintegrate into society successfully.
6. Limited Child Welfare Services: The act doesn’t adequately address the need for comprehensive child welfare services beyond legal processes. Children in need of care and protection often require social, psychological, and educational support, which is not uniformly available.
7. Resource Allocation: The allocation of resources for the implementation of the act remains a concern. Budgetary constraints hinder the creation of child-friendly infrastructure, staff training, and outreach programs.
8. Limited Public Awareness: The act’s provisions are often not well understood by the public, including parents, guardians, and even law enforcement officers. This lack of awareness can hinder its effective implementation.
While the Juvenile Justice Act, 2015, represents progress in protecting the rights and well-being of children in India, it faces criticism and limitations in terms of age determination, infrastructure, skilled personnel, and comprehensive child welfare services. Addressing these issues is crucial to realizing the act’s intended goals and ensuring a just and supportive environment for children in need of care and protection or in conflict with the law.
Conclusion
The Juvenile Justice (Care and Protection of Children) Act, 2015, is landmark legislation in India aimed at ensuring the welfare and protection of children in conflict with the law and those in need of care and protection. This act represents a significant shift in the approach to juvenile justice, emphasizing rehabilitation and reintegration over retribution. However, while it has made substantial strides in improving the juvenile justice system, there are areas where it faces criticism and limitations.
One of the pivotal aspects of the act is the age determination process. The act lacks a foolproof mechanism for precisely verifying the age of juveniles, which can lead to disputes and delayed justice. Additionally, the provision allowing juveniles aged 16 to 18 involved in heinous crimes to be tried as adults has sparked debate, with concerns about its potential for retribution rather than reform.
The infrastructure and human resources required for the proper functioning of Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) are often lacking, causing delays and inefficiencies. Moreover, there is a shortage of skilled professionals, such as Child Welfare Officers and Social Workers, to effectively implement the act’s provisions.
While the act underscores rehabilitation and reintegration, there remains a gap in providing necessary vocational training and counseling to juvenile offenders for successful reintegration into society. Comprehensive child welfare services, including social, psychological, and educational support, are often inadequate.
Resource allocation remains a challenge, hindering the creation of child-friendly infrastructure, staff training, and outreach programs. Adoption procedures, though streamlined, continue to face delays due to lengthy legal proceedings, administrative issues, and a shortage of adoptive parents.
In conclusion, the Juvenile Justice Act, 2015, is a significant step forward in ensuring the rights and well-being of children in India. However, addressing the challenges, such as age determination, infrastructure, skilled personnel, and comprehensive child welfare services, is crucial to realizing its intended objectives. By addressing these issues, India can create a more just and supportive environment for children in need of care and protection and those in conflict with the law, ensuring their rights and a brighter future.
