Juvenile Justice Act 2015- Legal Perspective

NATIONAL LAW UNIVERSITY ODISHA,

CUTTACK

Political Science

PROJECT ON

JUVENILE JUSTICE ACT 2015 - LEGAL PERSPECTIVE

SUBMITTED TO:

(Dr.) Suvashree Panda

(Assistant Professor of Political Science)

SUBMITTED BY:
AJEET KOTWAL (/2018/B.B.A. LL.B/02)
NISHIKANT KUMAR (2018/B.B.A. LL.B/31)
DIBYA KIRAN BISWAL (2018/B.B.A. LL.B/18)

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 Juvenile Justice Act 2015- Legal Perspective

TABLE OF CONTENTS

ACKNOWLEDGEMENT ..................................................................................................................... 3

RESEARCH METHODOLOGY ............................................................................................................ 4

OBJECTIVE ...................................................................................................................................... 4

RESEARCH QUESTIONS ................................................................................................................... 4

INTRODUCTION .............................................................................................................................. 5

HISTORICAL ASPECTS OF JUVENILE JUSTICE ACT ............................................................................. 6

UNDERSTANDING THE MEANING OF JUVENILE ............................................................................... 8

DIFFERENT APPROACHES TOWARDS JUVENILE ............................................................................. 10

NEED OF AMENDMENT IN JJ (C&P) ACT 2000 ................................................................................ 11

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 .................................... 12

COMPARATIVE ANALYSIS OF JJ ACT 2000 & JJ ACT 2015 ............................................................... 13

PROS & CONS OF JUVENILE JUSTICE ACT ....................................................................................... 14

PROS OF JUVENILE JUSTICE ACT .............................................................................................................. 14
CONS OF JUVENILE JUSTICE ACT ............................................................................................................. 14

SALIENT FEATURES OF JUVENILE JUSTICE ACT 2015 ...................................................................... 15

CHILDREN IN CONFLICT WITH LAW ........................................................................................................... 15
CHILDREN IN NEED FOR CARE AND PROTECTION ......................................................................................... 15
OTHER SALIENT PROVISIONS .................................................................................................................. 16

CONCEPT OF REHABILITATION ...................................................................................................... 17

RIGHTS OF THE CHILD IN CONSONANCE WITH LAW ..................................................................................... 17
REHABILITATION MEASURES ........................................................................................................... 18

CONCLUSION ................................................................................................................................ 19

BIBLIOGRAPHY ............................................................................................................................. 20

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 Juvenile Justice Act 2015- Legal Perspective

ACKNOWLEDGEMENT

We would like to extend our sincere gratitude to our Professor In-Charge (Dr.) Suvashree

Panda for her guidance and impeccable efforts throughout the completion of this
assignment. Also, we would like to mention our University’s Library coordinators, who
helped us in the project by acquainting us with the required resources for the successful
completion of this project. At last but not the least, all our colleagues and acquaintances, who
guided us and gave us ideas to establish a better approach towards the project.

AJEET KOTWAL (/2018/B.B.A. LL.B/02)

NISHIKANT KUMAR (2018/B.B.A. LL.B/31)
DIBYA KIRAN BISWAL (2018/B.B.A. LL.B/18)

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 Juvenile Justice Act 2015- Legal Perspective

RESEARCH METHODOLOGY

For the purpose of doing the project on Juvenile Justice ACT 2015 analytical research
methodology has been adopted for presenting the material in the project various books
journals and magazines have been consulted. The information in the project has been
represented to the best of knowledge and availability of means and resources. To present the
information due care has been taken to present the material in correct perspective.

OBJECTIVE

The objective of this project are as follows :-

• To find out the need for the Juvenile Justice Act 2015.

• To find out the reforms required in provisions concerning Juvenile justice.

• To identify the change the Juvenile Justice Act brought forth.

RESEARCH QUESTIONS

1. What provoked the passing of the Juvenile Justice Act, 2015 ?

2. What changes in law happened concerning Juvenile Justice?

3. How did the Act affect Juvenile delinquency statistics?

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 Juvenile Justice Act 2015- Legal Perspective

INTRODUCTION

In the Indian context, a juvenile or child is any person who is below the age of 18 years.
However, the Indian Penal Code specifies that a child cannot be charged for any crime until
he has attained seven years of age.

Children are considered worldwide as supremely assets of any nation. the future of the nation
lies within the hands of the kids, these future stake holders aren't cited properly that results in
kid delinquency. Children need to be the topic of prime focus for the development, research
and welfare of our country however sadly, it's not been therefore. Despite our Constitutional
vision of keeping healthy and happy kid protecting against abuse and exploitation, the
majority of kids in our country still live without cared, protected and substantive childhood.

Children are viewed as worldwide as especially resources of any country. the future of the
country exists in the hands of the children, these future partners aren't refered to legitimately
that outcomes in kid wrongdoing. Kids should be the subject of prime concentration for the
advancement, research and welfare of our nation anyway trvagically, it's not been
accordingly. In spite of our Constitutional vision of keeping solid and glad child ensuring
against mishandle and abuse, the lion's share of children in our nation still live without
minded, secured and substantive childhood.

India needed to go through a reform concerning juvenile justice since the sociological and
psychological aspects related to today’s adolescents are different to those considered in the
Indian penal Code. The Parliament in 2015 passed a controversial law for many, as it dealt
with deterrent measures to curb juvenile delinquency. European countries following the
common law system have still not provided for juvenile incarceration despite witnessing
unspeakable crimes committed by adolescents. Hence the said act also becomes highly
relevant on an international forum.

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 Juvenile Justice Act 2015- Legal Perspective

HISTORICAL ASPECTS OF JUVENILE JUSTICE ACT

In 1986 a law came into force with the aim of the protection of juveniles. Before this law
every state had their own law on juvenile justice with their being variations. . The primary
formed law on juvenile justice failed to lead to any dramatic improvement within the
treatment of juveniles. juveniles were treated in detention centers selected as special homes
and juvenile homes.

(i) 1960 – Children’s Act: This was the 1st legislation passed by the Parliament on children
in 1960. This was passed as a model legislation which is to be followed by other states also.
Before this, there were eight children’s acts operating in different states. Each states had a
different cut of age for children. For eg: girls under 18 and boys under 16 were considered to
be children. Special children’s courts were established to deal with children committing
crimes and child welfare committees were also set up to deal with neglected children.
This act also prohibited keeping children under any circumstance in police stations or jails.

(ii) 1986 – Juvenile Justice Act: This act came through Habeas Corpus, when a writ petition
was filed in Supreme Court in 1983 by Sheela Barse, a journalist demanding the release of
1400 children who were lodged in various jails,despite the prohibition of against the use of
police station under Children’s Act. After this Parliament passed the first uniform legislation
Juvenile Justice Act 1986 for children for the whole country . It substituted the word ‘child’
with ‘juvenile’.

(iii) 2000 – Juvenile Justice Act: The JJ (C&P) Act, 2000 was passed by Parliament and has
been enforced since 1st April 2001 in the whole of India except the state of J&K.1 On coming
into force, the JJ (C8cP) Act has repealed and replaced the JJA. The JJ (C&P) Act has been
enacted specifically in recognition of India‟s ratification of the UN Convention on Rights of
Child and other relevant international instrument2.The constitution of the Juvenile Justice
Board law was established to deal with children in conflict.

(iv) 2006 – Juvenile Justice Act: Sections 2(1), 20, 64 and 68 and insertion of new sections
1(4) and 7 (A) were inserted. It pen down the procedure for age determination. The date on
which the child alleged to have committed any offense should be a child on that day. The JJ
Act 2000 gave authority to State to make rules but many states didn’t do it so. Which resulted
1
Enforced by SO 1777(E) dated 28 February 2001 w.e.f. 1 April 2001.
2
Subs. by Act 33 of 2006, sect. 2, for “through various institutions established under this enactment” (w.e.f.
22.8.2006).

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that Section 68 was amended which not only authorized the central govt. to make laws but
also declared them to be infoceable in the states till the states framed their own laws. uvenile
Justice Act 2000 was amended in 2006 to make it clearer that juvenility would be considered
from the “date of commission of offence” who have not completed the age of 18 years thus
clarifying ambiguities raised in Arnit Das vs State of Bihar3.

(v) 2011 – Juvenile Justice Act: Under this Act. A PIL was filed by Bachpan Bachao
Andolan, Sampurna Behrua: seeking the implementation of the Act. BBA filed the petition to
bring in notice serious violations and abuse of children who are forcefully detained in
circuses even with no access to their parents. It was also filed to bring in the notice conditions
in the homes.4

(vi) 2015 – Juvenile Justice Act. Juvenile Justice (care and protection of children) Act 2015
‘child in conflict’ refers to a child who found to have commited an offence and who has not
completed his/her eighteen year of age on the date of office of such offence provided if, any
child is in conflict with law under the age group of 16 to 18 who alleged of found to have
commited any Henious offences, will be treated as adults. The Act was passed by Lok Sabha
on 7th May 2015 during intense protest by several members of Parliament and further passed
by Rajya Sabha on 22nd December 2015. A separate chapter was added for adopting and
provides details provisions of adoption and punishments for non compliance. Processes have
been up-to- date with timelines for both in country and inter-country adoption including
declaring a child legally free for adoption.5

Under Section 15, special provisions have been made to tackle child offenders committing
heinous offences in the age groupvof 16-18 years. The Juvenile Justice Board is given the
option to transfer cases of heinous offences by such children to a Children’s Court after
conducting fundamental justice . The provisions provide for placing children in a palce safety
both during and after the trial till they reach the age of 21 years after which an evaluation of
the child shall be conducted by Children’s Court. After the evaluation, the child is either
released on trial and if the child is not reformed then the child will be sent to a jail for a
certain term. The law will act as a deterrent for child offenders committing heinous offences
such as rape and murder and will protect the rights of victim

3
[(2000] 5 SCC 488].
4
Id.
5
(2018) <http://www.pib.nic.in/index.aspx> accessed 25 August 2018.

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UNDERSTANDING THE MEANING OF JUVENILE

A “juvenile” or “child” means a person who has not completed eighteenth year of age. A boy
or girl under 18 years of age is a juvenile or child under section 2(k) of JJA 2000. The age of
juvenility of a boy child under JJA 1986 was below 16 years and that of a girl child was
below 18 years of age6. Those working in the field of children had campaigned to increase
the age of boy juveniles to bring it on par with girl juveniles. The age of a boy juvenile has
been increased to 18 years by JJA 2000 mainly to bring juvenile legislation into conformity
with the CRC which the Government of India had ratified on 11th December 1992.7

Age determination is a disputed issue in juvenile justice system and a number of cases have
been decided by the courts on this context. In the context of juvenile legislation in India, “a
juvenile is a person who has not completed eighteen years of age” and shall be tried by the
Juvenile Justice Act as a child below the age of seven years and have been granted blanket
immunity under section 82 of the IPC. The objective behind this is that not to treat such child
as an adult for their criminal/illegal activities but to reform and rehabilitate them, the question
of age determination is controversial because there is no clarity in the law on this issue. Even
in the Indian Penal code 1860, sections 82 and 83 said that the children below the seven years
and not above twelve years of age, not be prosecuted for their criminal act. Here the question
arises that who will determine the age bracket they fall in? Section 49(1) of the Juvenile
Justice Act, 2000 and section 94 of the Juvenile Justice (C&P) Act 2015 confers the power on
competent authority or Board to determine whether the person brought before it is a child or
not8. The following evidences are taken into consideration for the process of age
determination i.e the date of birth certificate from the school or the matriculation certificate
from the concerned examination board, birth certificate issued by any competent authority
and if any of the above evidences are not available then the age shall be determined by
ossification test or any other medical test9.

According to Act there are two ways to determine age of any delinquent person, first is
documentary evidence provided by him or by medical (Examination) evidenced. The
Supreme Court held in Jaya Mala vs. Home Secretary, Government of Jharkhand, “that the

6
Section 2(h) of JJA 1986.
7
Who is a Juvenile, Special Police unit for women and children (Aug 24, 2018, 6:29
P.M.) http://www.dpjju.com/index.php?option=com_content&view=article&id=52&Itemid=164.
8
Section 82 and 83 of Indian Penal code 1860.
9
The Juvenile Justice (care and Protection of children) Act, 2015.

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age as ascertained or determined by medical examination is not conclusive proof of age of a

person. It is mere opinion of the doctor and there is a margin of 2 years could be on either
side”. In another leading case, Bhoop Ram vs. State of UP, the apex court held “that in case
of conflict between documentary evidence and medical report, the documentary evidence will
be considered to be correct”. This leads to the conclusion that it needs to produce
documentary evidence to determine the age of any delinquent. Now one more concern arises
here because to get the document forged is the easiest things in our country. Even we cannot
rely on medical examination alone because it was also held not to be hundred percent
conclusive proof by medical practitioners. The Allahabad High Court‟s in its own admission
said that “a doctor is not always truthful”. In Smt. Kamlesh and. vs. State of UP, the court
maintained that a professional witness is prone to side with a party that engages his/ her
service.10 Thus, a doctor is not always truthful. Now, the question arise that if age cannot be
determined by using either documentary or medical evidence, then in that case what is to be
done? The Supreme court in Babloo Passi vs. State of Jharkhand held that no fixed norm had
been laid down by the Act for the age determination of a person and the plea of the juvenile
must be judged strictly on its own merit. The medical evidence as to the age of a person is a
very useful guiding factor but it is not conclusive proof and has to be considered along with
other cogent evidence.11

Apart from the determination of age, the question of the date from when the age has to be
taken into account has also been a matter of controversy. In Umesh Chandra. vs. State of
Rajasthan, it was held that “it is the date of the offence that has to be considered”. Arnit Das
vs. State of Bihar overruled the judgment saying that the date of commission of offence is
irrelevant and it is the date of bringing the accused in the court that has to be taken into
account. This was again overruled in Pratap Singh vs. State of Jharkhand where the court
held that the reckoning date for the determination of the age of the juvenile is the date of an
offence and not the date when he is produced before the authority or in the Court.12

10
Juvenile Justice System and its delinquency in India, LEGAL SERVICES INDIA (Aug. 24, 2018, 3:41
P.M.), http://www.legalservicesindia.com/article/article/juvenile-justice-system-&-its-delinquency-in-india-
1031-.1.html.
11
S. CHANDANA, JUVENILE DELINQUENCY IN INDIA: AN ETIOLOGICAL ANALYSIS, (1st Ed.,
1987).
12
Government of India, Supreme Court cases, In Jaya mala V. Hom Secretary, (2010) Bhoop Ram V. state of
UP case, (1989) BablooPassi and V. state of Jharkhand, (2010) In Umesh Chandra. V. state of Rajastan, (2005)
Arnit Das V. state of Bihar (2000)

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DIFFERENT APPROACHES TOWARDS JUVENILE

Juvenile delinquency has been said to be the subject of extensive study therefore, three main
approaches to juvenile delinquency has been intended to be highlighted as follows :13

1) Sociological Approach:- Sociologists contend that delinquency is rejection of certain

social norms if the problem of juvenile delinquency is approached on the basis of the society
and its impact on it. A large number of individual families were not in a position to tackle the
anti - social behaviour of young people. This was the point when it came to be recognized as
a community problem. Sociologists are of the view that delinquency is the behaviour which a
given community at a given time considers to be in conflict with its best interests, whether or
not the offender has been brought before the court. Though a child is not born a delinquent
but it acquires delinquency through the learning process and is a form of social behaviour.
Generally, the environment that a youth lives in is reflected in his delinquent acts.

2) Psychological Approach - It is a true but sad fact of every society that not all children are
lucky enough to have a normal childhood. There are a large number of children who live with
adoptive parents, in foster- care or in institutions. As a result many a times their desires and
urges remain unsatisfied. Therefore, juvenile delinquency is said to be the expression of
desires and urges that remain unsatisfied in the normal way from the psychological point of
view. Since every misbehaviour that an adult does will not make him/her a criminal similarly
every child who misbehaves cannot be judged as a delinquent child.

3) Legal Approach: The legal definition of the term juvenile delinquency is the more
important one. For the crime preventing agencies this definition is of great importance. Those
laying stress on the legal aspect of definition lay stress on the official delinquency, where
.there is no law there is no crime. Those who believe this notion only recognize that type of
delinquency, which is officially labelled and apprehended. The legal delinquency is an act,
course of conduct or situation which might be brought before a court for adjudication14

13
Prof. Mohd Najmi, Juvenile Delinquency- Its Causes and Remedies, 25 CBI Bulletin (1991) 3.
14
Ram Ahuja, Social Problems in India, 2nd Edition (2004) 346.

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NEED OF AMENDMENT IN JJ (C&P) ACT 2000

After the 2012 Delhi gang rape, it was found that one of the accused was a few months away
from being 18 year of age. So, he was tried in a juvenile court.On 31 July 2013, Subramanian
Swamy, apolitician filed aPublic Interest Litigation in the Supreme Court of India seeking
that the boy be tried as an adult in a court. The Court asked the juvenile court to delay its
verdict.

After the Supreme Court allowed the juvenile court give its verdict, the boy was sentenced to
3 years in a reform home. The victims parents criticised the verdict and said that by not
punishing the juvenile as an adult criminal the court was encouraging other young offenders
to commit the similar offence.

In the month of July 2014, Minister of Women and Child Development, Mrs. Maneka Gandhi
said that they were preparing a new law which will allow 16-year-olds to be tried as adult.
She said that 50% of juvenile crimes were committed by teens who actually know that they
get away from it. She also added that amending in the law also allow the juvenile to be tried
for murder and rape as adults. The bill was introduced in the Parliament by Mrs. Maneka
Gandhi on 12 August 2014. On 22 April 2015, the Cabinet cleared the final version after
some changes.

The bill allow a Juvenile Justice Board, to decide whether a juvenile criminal in the age
group of 16–18 should tried as an adult or not. The bill also introduced concepts from the
Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country
Adoption, 1993 in the previous act. which were missing

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THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN)

ACT, 2015

The Juvenile Justice (Care and Protection of Children) Act, 2015 has come into force and
repeals the Juvenile Justice (Care and Protection of Children) Act, 2000. The Juvenile Justice
(Care and Protection of Children) Bill, 2015 was passed by Lok Sabha on 7th May, 2015;
was passed by Rajya Sabha on 22nd December, 2015 and received Presidential assent and
come into force on 31st December, 201515.

The JJ Act, 2015 provides for strengthening the provisions for both children in need of care
and protection and children in conflict with law. Some of the key provisions include: change
in nomenclature from “juvenile” to “child” or “child in conflict with law”, across the Act to
remove the negative connotation associated with the word “juvenile”; inclusion of several
new definitions such as orphaned, abandoned and surrendered children; and petty, serious and
heinous offences committed by children; clarity in powers, function and responsibilities of
Juvenile Justice Board (JJB) and Child Welfare Committee (CWC); clear timelines for
inquiry by Juvenile Justice Board (JJB); special provisions for heinous offences committed
by children above the age of sixteen year; separate new chapter on Adoption to streamline
adoption of orphan, abandoned and surrendered children; inclusion of new offences
committed against children; and mandatory registration of Child Care Institutions.16

Under Section 15, “special provisions have been made to tackle child offenders committing
heinous offences in the age group of 16-18 years. The Juvenile Justice Board is given the
option to transfer cases of heinous offences by such children to Court of Session after
conducting preliminary assessment. The provisions provide for placing children in a place of
safety” both during and after the trial till they attain the age of 21 years after which an
evaluation of the child shall be conducted by the Children’s Court. After the evaluation, the
child is either released on probation and if the child is not reformed then the child will be sent
to a jail for remaining term. The law will act as a deterrent for child offenders committing
heinous offences such as rape and murder and will protect the rights of victim.

15
(Wcd.nic.in, 2018) <http://wcd.nic.in/sites/default/files/Final%20Manual%2024%20April%202017_5.pdf>
accessed 24 August 2018.
16
(Nls.ac.in, 2018) <https://www.nls.ac.in/ccl/jjdocuments/comptablejjact.pdf> accessed 23 August 2018.

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COMPARATIVE ANALYSIS OF JJ ACT 2000 & JJ ACT 2015

JUVENILE JUSTICE ACT 2000

Treatment of juveniles - Treatment of juveniles All children under the age of 18 years treated
equally. Maximum penalty for juvenile in conflict with law is three years.

Juvenile Justice Board - Conducts inquiry and directs the juvenile to be placed in any fit
institution for a period not exceeding three years.

Child Welfare Committee - Disposing of cases for children in need of care and protection;
Frequency of meetings not specified.

Appeals - Appeal to the Session Court within 30 days of JJB order; further appeal to a High
Court.

Adoption - No provision for inter-country adoption in the Act; the Guidelines.17

JUVENILE JUSTICE ACT 2015

Treatment of juveniles - Juveniles aged between 16-18 years committing serious or heinous
offences could be tried as adults. However, there will be no death penalty or life
imprisonment.

Juvenile Justice Board - Adds a preliminary inquiry, conducted in certain cases by JJB to
determine whether a child is placed in a home or sent to Children’s Court to be tried as an
adult.

Child Welfare Committee - Functions are same as in the Act; training of members to be done
within two months of Bill becoming law Committee to meet at least 20 days in a month.

Appeals - Appeal JJB/CWC order within 30 days to Children’s Court, further High Court
(District Magistrate for foster care, etc).

Adoption - Inter-country adoption allowed if adoption cannot take place within the
Comparison Between Justice Act 2000 and Juvenile Justice Act 2015.18

17
.(Mphc.gov.in,2018) <https://mphc.gov.in/PDF/JuvenileJustice/Comparison%20Chart%20JJ%20Act%202000
_2015_presentation.pdf> accessed 24 August 2018.
18
Id.

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PROS & CONS OF JUVENILE JUSTICE ACT

PROS OF JUVENILE JUSTICE ACT

Juvenile Justice Amendment Act protects women: If steps are not taken to prevent juveniles
from escaping the gallows, crimes against women will continue to be perpetuated in society.
Punishment should befit crime: Providing the violent juvenile convict with a job and money
following his release after he brutalised, raped and killed a young girl is tantamount to
incentivising crime. It gives a wrong message to poor sections where crime may be seen as a
stepping stone for better opportunities. What about crimes committed with full knowledge-
For juveniles aged between 16 to 18, punishment should be given in cases such as the
Nirbhaya juvenile convict where there is complete understanding regarding the implications
of the crime. Criminals are exploiting the juvenile justice system.With increasing number of
organised crime networks exploiting the juvenile justice system and the loopholes, the
Juvenile Justice Amendment Act will come as a welcome relief and deterrent for such
evildoers.19

CONS OF JUVENILE JUSTICE ACT

Juvenile courts are not child savers: For their efforts to prevent juvenile criminals from being
tried in court, juvenile courts and specialists were called child savers. How can juvenile
courts be called child savers? Rehabilitation is possible in some cases: Rising violent crime
rates have been testing the juvenile justice system in many countries. But the Bill does not
make provisions for rehabilitation which is possible in some cases. Juvenile justice homes are
mere warehouses- They do nothing to address the problem of rehab and neither does the
Juvenile Justice Bill. Human mind not completely developed: Studies have shown that human
mind is not completely developed till the age of 25 and juveniles are poorest of the poor.
Often, such children forced into smuggling and prostitution have either no knowledge or
choice.20 It is unfair to punish a child as an adult. Juvenile Justice Homes are hell holes:

19
'Pros And Cons Of The New Juvenile Justice Bill' (dna, 2018) <https://www.dnaindia.com/analysis/editorial-
pros-and-cons-of-new-juvenile-justice-bill-2158935> accessed 25 August 2018.
20
Juvenile Justice Amendment Bill- Pros And Cons' (Careerride.com, 2018)
<https://www.careerride.com/view/juvenile-justice-amendment-bill-pros-and-cons-26261.aspx> accessed 23
August 2018.

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SALIENT FEATURES OF JUVENILE JUSTICE ACT 2015

The JJ Act 2015 also deals with both categories of children.21

CHILDREN IN CONFLICT WITH LAW

1. It treats all the children below 18 years equally, except that those in the age group of
16-18 can be tried as adults if they commit a heinous crime.
2. A child of 16-18 years age, who commits a lesser offence (a serious offence), may be
tried as an adult if he is apprehended after the age of 21 years.
3. A heinous offence attracts a minimum seven years of imprisonment. A serious
offence attracts three to seven years of imprisonment and a petty offence is treated
with a three year imprisonment.
4. No child can be awarded the death penalty or life imprisonment.
5. It mandates setting up of Juvenile Justice Boards (JJBs) in each district with a
metropolitan magistrate and two social workers, including a woman. The JJBs will
conduct a preliminary inquiry of a crime committed by a child within a specified time
period and decides whether he should be sent to rehabilitation centre or sent to a
children’s court to be tried as an adult. The board can take the help of psychologists
and psycho-social workers and other experts to take the decision.
6. A Children’s court is a special court set up under the Commissions for Protection of
Child Rights Act, 2005, or a special court under the Protection of Children from
Sexual Offences Act, 2012. In absence of such courts, a juvenile can be tried in a
sessions court that has jurisdiction to try offences under the Act.

CHILDREN IN NEED FOR CARE AND PROTECTION

Child Welfare Committees (CWCs) should be set up in each district with a chairperson and
four other members who have experience in dealing with children. One of the four members
must be a woman. The committee decides whether an abandoned child should be sent to care
home or put up for adoption or foster care.

21
'Juvenile Justice (Care And Protection Of Children) Act 2015 - General Knowledge Today' (Gktoday.in,
2018) <https://www.gktoday.in/gk/juvenile-justice-care-and-protection-of-children-act-2015/> accessed 24
August 2018.

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OTHER SALIENT PROVISIONS

1. The Central Adoption Resource Agency will frame rules and regulations for adoption of
orphaned children. Inter-country adoption is allowed when no Indian adoptive parents are
available within 30 days of child being declared free for adoption.
2. Adoptive parents should be financially and physically sound. A single or divorced person
may adopt a child. A single male may not adopt a girl child. Disabled children will be
given priority for adoption.
3. Children in need of care and protection can allowed to be placed in foster care based on
the orders of the CWC. The selection of the foster family is based on the family’s ability,
intent, capacity and prior experience of taking care of children.
4. Buying and selling of a child attracts imprisonment up to five years. Giving an
intoxicating or narcotic substance to a child attracts imprisonment up to seven years.
5. Institutions for child-care must be registered. Corporal punishment of children in child-
care institutions is also punishable.22
6. Non-disclosure of identity of juvenile offenders by media.

22
.legal India, 'Salient Features Of Juvenile Justice Act,2006' (Legalservicesindia.com, 2018)
<http://www.legalservicesindia.com/article/1449/Salient-Features-of-Juvenile-Justice-Act,2006.html> accessed
25 August 2018.

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CONCEPT OF REHABILITATION

Studies indicate that the most effective way to find constructive solutions to involvement of
children in activities that violate a law is to involve children in the process of rehabilitation
and not to consider them as merely ‘trouble makers’ or ‘problem children’ in need of
punishment.23 Recognition of and respect for their rights as human being and as a child is an
important first step in this direction.

Thus Juvenile justice has made a departure from the criminal justice model of punishment
recognizing the negative influence of association with adult offenders and the higher
possibility of reformation of children being in the growing age where their capacities are still
being built and developed.24 Juvenile Justice adopted the path of reformation of children
found to have committed an offence through various community based reformative and
rehabilitative measures and using institutionalization as a measure of last resort and for the
minimum period till suitable community based alternatives are found for them.

RIGHTS OF THE CHILD IN CONSONANCE WITH LAW

The process of Rehabilitation shall also secure the Rights of the child in consonance with
law:
Every child in consonance with the law shall have the following rights, including but not
limited to:
a) Humane treatment
b) No corporal punishment
c) Separation from adult criminals, if detained
d) Access to legal assistance
e) Bail and release on recognizance
f) Privacy
g) Diversion, if qualified
h) Proportionate judgment
i) Restrictions on liberty kept to a desirable minimum j) Automatic suspension of sentence
k) Probation, if qualified
l) Confidentiality of proceedings m) Right against discrimination n) Constitutional rights
23
http://legalasistanceforum.org/downloadstrext Book in PDF Format.pdf (visited on 13th Dec' 11).
24
M.S Sabnis, JitvenileJustice and Juvenile Correction -Pride and Prejudice, (1996) at 346-347.

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 Juvenile Justice Act 2015- Legal Perspective

REHABILITATION MEASURES

Rehabilitation is a crucial step to put the survivors/victim and children in conflict with law
back in the society as well as to prevent recidivism. This cannot be completed without
maintaining follow up to assess their socio economic and educational status.

Rehabilitation measures also have to be different for children in conflict with law who are in
institutional care and the ones who are been released from the institution. While child care
institutions need to take steps to ensure rehabilitation of the child when e/she is in its care,
probation officers/social workers also have to make sure that the process of rehabilitation is
not interrupted when the child re-enters in the community.

There are multiple factors, which need to be considered when one imagines the situation of a
child in conflict with law25. These include socio-psychological, family and peer-related
influences. CCLs require rehabilitation and re-integration in to the society in the form of
sponsorship, foster care and aftercare.

The UN Convention on the Rights of the Child (the CRC) which India has ratified in 1992,
recognizes the importance of diverting young offenders from the formal processes of the
criminal justice system. By becoming a party to the CRC, India has voluntarily undertaken to
introduce appropriate diversionary measures for juvenile offenders and to ensure that such
measures comply with a number of minimum standards.

Rehabilitation for children in conflict with law rests on the principle of restorative justice,
which seeks to restore the balance of a situation disturbed by crime or conflict rather than just
simply meting out punishment for an offence committed. It means taking responsibility to
make things right insofar as possible, both concretely and symbolically.

As our fore parents knew well, wrong creates obligations; taking responsibility for those
obligations is the beginning of genuine accountability. For many of us, it reflects values with
which we were raised. In restorative justice, offenders are encouraged to understand the harm
they have caused and to take responsibility for it. Dialogue-direct or indirect - is encouraged
and communities play important roles. Restorative justice assumes that justice can and should
promote healing, both individual and societal.

25
The Juvenile Justice (Care And Protection Of Children) Act, 2015 Comes Into Force From Today' (Pib.nic.in,
2018) <http://pib.nic.in/newsite/PrintRelease.aspx?relid=134513> accessed 26 August 2018.

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 Juvenile Justice Act 2015- Legal Perspective

CONCLUSION

The JJA 2015 is a major step backward in the progressive forward looking philosophy of
juvenile justice esp by providing the use of prisons in certain cases. The contradictions and
the complexities of the Act double up in the poor and ambiguous implementing
guidelines. The legal procedure identifying with adolescent equity framework is set apart by
the strain between the defensive approach of the Juvenile Justice (Care and Protection of
Children) Act, and the conventional way to deal with managing crime.

It is explicit that the Act continues (a) the spirit of reformation and rehabilitation of juveniles
by institutionalizing child care; (b) meticulously distinguishes between adult and child trials
and brings in ‘intentions’ of juveniles that had earlier let them free. Despite this care the Act
violates article 14 of the Indian constitution by treating two people accused of same offence
differently. This needs to be understood in the context of intentions of accused that uses these
safeguards for their advantage. This Act first describes the age and then investigates into
his/her mental capacity which should be opposite. There are cases in which persons of age 25
years do not possess an adult mind and there are children of age below 16 years who possess
a matured mind with much experience of the practical world (Rao and Krishnan, 2015). The
surroundings in which the child has been nurtured matters a lot. The Act fails to further the
objective of providing a holistic environment to deter crimes among them by limiting it to the
mechanical category of family only.

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 Juvenile Justice Act 2015- Legal Perspective

BIBLIOGRAPHY

1. Government of India (1960) the Children Act (1960). Publication division New Delhi.

2. Mahrukh A (2006) Child and Protection and Juvenile Justice System: for Juvenile in
conflict with Law. Children India Foundation.

3. Government of India (2000) the Juvenile Justice (care and Protection of children) Act.
Publication division, New Delhi.

4. Government of India (1860) the Indian Penal code. Publication division, New Delhi.

5. Government of India (2000) the Juvenile Justice (care and Protection of children) Act
(2000). Publication division, New Delhi.

6. Rajya Sabha Debates (2015, December 22). Debate on Juvenile Justice Bill, available at
http://164.100.47.5/ new debate/237/22122015/Fullday.pdf

7. Rao, Mohit M. and Vidya Krishnan (2015, December 27). Neuroscience and the Juvenile
Legislation. The Hindu, available at http://www.thehindu.com/opinion/neuroscien ce-and-
the-juvenile-legislation/article 8032028.ece

8. The Gazette of India (2016, January 1). Juvenile Justice (Care and Protection of Children)
Act, 2015, available at http://wcd.nic.in/sites/default/files/JJ%20Act,% 202015%20_0.pdf

9. The Gazette of India (2013, April 2). The Criminal Law (Amendment) Act, 2013,
available at http://india code.nic.in/acts-in pdf/132013.pdf

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