Critical Analysis of the Juvenile Justice (Care & Protection of Children) Act, 2015

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Posted By: Geetanjali Singh on: January 27, 2016 In: Misc, Popular Posts No Comments

Whether the culpability of offence committed by a juvenile is determined on the basis of maturity attained by him at a given age or
his cognitive development? This never ending debate over juvenile age or in other terms, the debate over 16 or 18 came up again
as an inevitable controversy after the introduction of Juvenile Justice (Care & Protection of Children) Act, 2015, repealing the previous
Act of 2000.
The ferocious Nirbhaya rape case has remained nothing less than poignancy of a barbarous act. It had made everyone to ruminate
on the issue of juveniles age and nally, the Indian Government reverted back to the whining pleaders after a period of three years.
Now the question which gives the whole issue a political tinge is that whether the hasty passage of this Act was done after getting
swayed by emotions or was it really imperative to amend such a key legislation?
Over the years, courts have looked into various cases wherein juveniles were accused of committing heinous crimes and the court
reached a verdict while taking the Juvenile Justice (Care & Protection of Children) Act, 2000 into account. The sole concern before the
judiciary was proper implementation of the Act and protection of rights and liberty of juveniles. There are innumerable efforts which
have been made since the inception of the Children Act, 1960 till the enactment of the Juvenile Justice (Care & Protection of Children)
Act, 2015, in order to emphasize upon the same concern. As time went by, we have seen amendments of denition of the term
juvenile, varying parameters of punishments and so the provisions of child related laws. This article attempts to critically analyze the
inherent contradiction in the neoteric Act, i.e. Juvenile Justice (Care & Protection of Children) Act of 2015. The critics referred the Act
as mockery of the Indian Constitution and United Nations Convention on the Rights of the Child (UNCRC).
Following are the key issues of the Juvenile Justice (Care and Protection) Act, 2015
Under Section 16(1), the Act permits juvenile who has completed or is above the age of 16, to be tried as adults for heinous
offences. This particular amendment shook the audience who expected a reformatory approach from the legislature. According to
them, it not only violates Article-14 of the Constitution, but beats the purpose of the Indian justice system with regard to juveniles i.e.

to bring reformation and rehabilitation. Though around 90% of the brain gets developed by the age of six, but the ne tuning and
cognitive maturity of the brain continues breaking the barriers of such age bars.
As per the Act, any juvenile who is between the age of 16 and 18 years and commits a lesser serious offence, may be tried as an
adult only if he is apprehended after the age of 21 years. This provision undoubtedly violates Article 20(1) as it states that a person
cannot be subjected to a penalty greater than what would have been applicable to him under a law in force at the time of
commission of the offence. Further, it also contravenes Article 21, as it states that no person can be deprived of his right to life or
personal liberty, except according to procedure established by law.
This act provides for mandatory constitution of Juvenile Justice Boards and Child Welfare Committees in each district consisting of a
Metropolitan or Judicial Magistrate and two social workers, including a woman. This provision needs proper implementation and
timely regulation for attaining the real aim.
Under this new legislation, a preliminary inquiry will be conducted by the Boards to determine whether a juvenile offender is to be
sent for rehabilitation or be tried as an adult. Section- 19(3) says that the enquiry will be assisted by experienced psychologists,
psycho-social workers and other experts. This provision may affect the presumption of innocence and lead to disproportionate
procedure and arbitrariness under the constitution.
The Act also provides for adoption of the juveniles which earlier was not provided under the Juvenile Justice (Care & Protection of
Children) Act, 2000.
It also lays down the penalties for cruelty against a child, offering a narcotic substance to a child and abduction or selling a child.
With so much mixed contradictions, the pleaders are still imploring the judiciary as well as the legislature to bring in a justiable
juvenile law as the present Act could not take retrospective effect and punish the juvenile who was found guilty in the Nirbhaya rape
case. Further, it must be noted that if the constitutionality of several provisions of the Act is challenged before the superior courts, it
may provoke a public outcry. Owing to such provisions that violate the provisions given under the Constitution and UNCRC, there are
possibilities of further amendments in the Act. What the system of this country lacks is the effective implementation of the existing
laws and not the enactment of a number of legislations.

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By: Geetanjali Singh

Designation: Author at LetsComply
Date of Joining: January 23rd, 2016
Alma Mater: Jamia Millia Islamia [B.A. LL.B(Hons.)]
Indian Society of International Law (ISIL) [PG Diploma in International Law and Diplomacy]
Location: New Delhi
Contact info: geetanjali@letscomply.com
Website: www.letscomply.com
What She says~
Writing is not only a form of expression but a means of change.
Being a law student I believe in writing what really deserves to be written. My main interests lie in International Law and
Diplomatic Relations, Indian Constitutional, Administrative laws, Gender Justice and Human Rights Law.

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