THE JUVENILE JUSTICE ACT

CARE AND PROTECTION OF CHILDREN,ACT 2000

DR SUNIL PAL SINGH.C

CHILD POPULATION IN INDIA.

India has the highest number of children in the world.

More than one third of country’s population is below 18 years

Approximately 40% of the population (around 440 million) is children

Children everywhere are

vulnerable to abuse and exploitation by those in positions of power and

trust…

LEGAL PROVISIONS International covenants

Covenant for the Rights of the Child (CRC) Convention for Elimination of all kinds of

Discrimination Against Women (CEDAW) Universal Declaration of Human Rights

National laws Constitution of India Indian Penal Code (IPC) Immoral Traffic Prevention Act (PITA) Juvenile Justice Act (JJA) Goa Children’s Act Information Technology Act

THE APPRENTICES ACT 1850: First law dealing with children in conflict with law.

REFORMING SCHOOL 1987:children <15 yrs---sentence to imprisonment or reformatory schools.

MADRAS ACT 1920: Establishment of separate juvenile court and their residential institution. -DELINQUE -NEGLECTED

CHILD ACT 1960: Parliament enacted the first legislation Sex discrimatory definition of body. Two separate adjudicatory bodies.Prohibition imprisonment of death….

JUVENILE JUSTICE ACT 1986:

Was renamed and rewritten in 2000 to be called the Juvenile Justice (Care and Protection of children) Act .

Constitution has, in several provisions, including clause (3) of article15, clauses (e) and (f) of article 39, articles 45 and 47, impose on the State a primary responsibility of ensuring that all the needs of children are met and that their basic human rights are fully protected

General Assembly of the United Nations has adopted the Convention on the Rights of the Child on the 20th November, 1989

The Convention on the Rights of the Child emphasizes socialreintegration of child victims, to the extent possible, without resorting to judicial proceedings;

The Government of India has ratified the Convention on the 11thDecember, 1992.

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) AMENDEMENT ACT, 2006

The Convention on the Right of child lays down four sets of rights:

•The Right to Survival

•The Right to Protection

•The Right to Development

•The Right to Participation

JUVENILE JUSTICE ACT

The Act places children/juveniles in two categories –

1. Juvenile in ‘conflict with the law’ handled by State Governments/ ‘Juvenile Boards’

2. Child in need of ‘care and protection’ to be looked after by State Governments/ ‘Child Welfare Committees’

Act to be implemented by the respective State Governments

DEFINITIONS.- IN THIS ACT, UNLESS THE CONTEXT OTHERWISE REQUIRES

Advisory board

Adoption.

Begging

children's home”

Committee

competent authority

Fit institution

Guardian

Juvenile

Observation homes

Special homes

Orphans, abandoned & destitute children Missing or run-away children Street & working children Children of sex workers Abused, tortured and exploited children Children indulging in substance abuse Children affected by HIV/AIDS Children affected by natural calamities, emergencies

and man made disasters Children with disabilities Child beggars Children suffering from terminal/incurable disease

Children who need care and protection

An Act to consolidate and amend the law relating to juveniles in conflict with law •Protection and treatment.

•Child-friendly approach.

•Rehabilitation.

•Institutions established.

Appointed by the State Government.

Panel of Metropolitan Magistrate or Judicial Magistrate of the first class.

Two social workers of whom at least one shall be a women.

Magistrate to have special knowledge or training in child psychology or child

JUVENILE JUSTICE BOARD :

Juvenile in conflict with law to be produced before JJB/a member of JJB.

when JJB not sitting JJB may act and pass orders in the absence of any member.

At least two members including Magistrate to be present at time of final disposal of case Opinion of majority will prevail.

In absence, opinion of magistrate will prevail.

PROCEDURE, ETC. IN RELATION TO BOARD :

PROCEDURE TO BE FOLLOWED BY A MAGISTRATE NOT EMPOWERED UNDER THE ACT :

He shall without any delay record such opinion and forward the juvenile or the child, and the record of the proceeding to the competent authority having jurisdiction over the proceeding.

The shall be placed under the charge of the special juvenile police unit The State Government may make rules consistent with this Act,-

To provide for persons through whom ( including registered voluntary organizations) any juvenile in conflict with law may be produced before the Board to provide the manner in which such juvenile may be sent to an observation home.

APPREHENSION OF JUVENILE IN CONFLICT WITH LAW.-

CONTROL OF CUSTODIAN OVER JUVENILE

Any person in whose charge a juvenile is placed in pursuance of this Act shall, while the order is in force have the control over the juvenile as he would have if he were his parents, and shall be responsible for his maintenance, and the juvenile shall continue in his charge for the period stated by competent authority, notwithstanding that he is claimed by his parents or any otherperson.

BAIL OF JUVENILE:-

A Juvenile must be released on bail. May be released on bail with or without surety.

May not be release on bail only if –

Association with a criminal exposes juvenile to moral, physical or psychological danger

-Defeats the end of justice

-Not released on bail must be kept in the observation home/place of safety pending inquiry

INFORMATION TO PARENT, GUARDIAN OR PROBATION OFFICER:-

The parent or guardian of the juvenile.

Direct him to be present at the Board before which the juvenile will appear.

Information regarding the antecedents and family background of the juvenile.

Inquiry to be completed within 4 months

INQUIRY BY BOARD REGARDING JUVENILE.-

Counsel parents/ guardian;

Advise the child to :Group counseling and similar activities Perform community service.

Payment of fine, (>14 yrs age)

Release on probation of good conduct, and place under care of parent/ guardian or other fit person or fit institution.

Direct the juvenile to be sent to a Special Home

ORDER THAT MAY BE PASSED REGARDING JUVENILE.-

ORDER THAT MAY NOT BE PASSED AGAINST JUVENILEA Juvenile Cannot be sentenced todeath/life imprisonment/committed to prison.

Cannot be charged with/tried for offence with an adult.

JJB cannot pass orders seeking security for good behavior, etc

NO JOINT PROCEEDING OF JUVENILE AND PERSON NOT A JUVENILE.

REMOVAL OF DISQUALIFICATION ATTACHING TO CONVICTION.

SPECIAL PROVISION IN RESPECT OF PENDING CASES.-

PROHIBITION OF PUBLICATION OF NAME, ETC., OF JUVENILE INVOLVED IN ANY PROCEEDING UNDER THE ACT.-

PROVISION IN RESPECT OF ESCAPED JUVENILE.-

PUNISHMENT FOR CRUELTY TO JUVENILE OR CHILD.-

.EMPLOYMENT OF JUVENILE OR CHILD FOR BEGGING.-

PENALTY FOR GIVING INTOXICATING LIQUOR OR NARCOTIC DRUG OR PSYCHOTROPIC SUBSTANCE TO JUVENILE OR CHILD.-

EXPLOITATION OF JUVENILE OR CHILD EMPLOYEE.-

SPECIAL OFFENCES.-

The offences punishable under sections 23, 24, 25 and 26 shall be cognizable

ALTERNATIVE PUNISHMENT

CHILD IN NEED OF CARE AND PROTECTION

... are children who are neglected, abused, abandoned and victim of any armed conflict or natural calamities

Appointed by State Govt. to deal with matters related to children is need care & protection Consists of 5 members including chairperson.

1 of 4 members to be a women and another expert of matters concerning children.

To function as a bench of magistrates and to have power conferred by CrPC on a metropolition magistrate or a judicial Magistrate first class megistrate.

CHILD WELFARE COMMITTEE

A child in need of care & protection to be produced before CWC/a member, when CWC not sitting.

Opinion of majority to prevail in case of difference of opinion.In absence of majority opinion of chairperson will prevail.

CWC may act and pass orders in absence of any member.

PROCEDURE, ETC., IN RELATION TO COMMITTEE:

POWERS OF COMMITTEE

Final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs and protection of

CWC/any police officer/SPJU/designated police officer to hold inquiry CWC may pass an order to send the child to the children’s home for speedy inquiry by a social workers/child welfare officer.

Inquiry to be completed within 4 months of thereceipt of the order.

INQUIRY

CHILDREN’S HOME

INSPECTION

SOCIAL AUDITING

SHELTER HOMES

TRANSFER

RESTORATION

(a) Parents; (b) Adopted parents; (c) Foster parents

Rehabilitation and Social Reintegration

(I) Adoption(ii)Foster care(iii)Sponsorship(iv)Sending the child to an aftercare

organization.

MISCELLANEOUS

Attendance of parent or guardian of juvenile or child.-

Dispensing with attendance of juvenile or child.-

Committal to approved place of juvenile or child suffering fromdangerous diseases and his future disposal

Presumption and determination of age

Sending a juvenile or child outside jurisdiction.-

Reports to be treated as confidential.-

At present, 9 Observation Homes for Boys are functioning at Hyderabad, Warangal, Vijayawada, Rajahmundry, Kurnool, Tirupathi, Guntakal, Visakhapatnam and Nizamabad and one Home for Girls at Hyderabad

There are 4 Juvenile Homes for Boys functioning in Hyderabad, Eluru, Visakhapatnam and Cuddapah

There is one Special Home for Boys at Hyderabad for reception of delinquent juveniles committed by courts