The Juvenile Justice (Care And Protection Of Children) Act, 2015 Overview

Object, Application and definitions under the Act
The Juvenile Justice (Care and Protection of Children) Act, 2015 is an important piece of legislation in India that addresses the legal framework for the care, protection, and rehabilitation of children in conflict with the law and children in need of care and protection. The Act primarily seeks to ensure that the rights and interests of children are protected and that they are provided with appropriate care and support.

  1. The Act applies to all children in India, defined as individuals below the age of eighteen years.
  2. It applies to children in conflict with the law, which includes children accused of committing offenses, as well as children in need of care and protection, such as abandoned or orphaned children, victims of trafficking, or those in vulnerable situations.
  3. The Act outlines the procedures and mechanisms for dealing with both categories of children, ensuring their protection, welfare, and rehabilitation.
  1. Presumption of Innocence: Children under the age of eighteen shall be presumed innocent of any wrongdoing.
  2. Dignity and Worth: All individuals, including children, must be treated with equal dignity and rights.
  3. Participation: Every child has the right to be heard and participate in decisions affecting their interests, considering their age and maturity.
  4. Best Interest: Decisions regarding children must prioritize their best interests and support their full potential.
  5. Family Responsibility: The primary responsibility for caring and protecting the child lies with their biological family or adoptive/foster parents.
  6. Safety: Measures must be taken to ensure a child's safety and protect them from harm or abuse while in the care and protection system.
  7. Positive Measures: All resources, including family and community support, should be utilized to promote a child's well-being and reduce vulnerabilities.
  8. Non-Stigmatizing Semantics: Avoid using adversarial or accusatory language when dealing with a child.
  9. Non-Waiver of Rights: No one can waive a child's rights, and the non-exercise of a fundamental right does not amount to a waiver.
  10. Equality and Non-Discrimination: Children cannot be discriminated against based on factors such as sex, caste, ethnicity, disability, etc., and they should have equal access and treatment.
  11. Right to Privacy and Confidentiality: Every child has the right to privacy and confidentiality throughout legal processes.
  12. Institutionalization as a Last Resort: Placing a child in institutional care should be the last resort after a reasonable inquiry.
  13. Repatriation and Restoration: Children in the juvenile justice system have the right to be reunited with their family and restored to their previous socio-economic and cultural status unless it's not in their best interest.
  14. Fresh Start: Past records of children in the juvenile justice system should generally be erased, except in special circumstances.
  15. Diversion: Measures to deal with children in conflict with the law without resorting to judicial proceedings should be promoted unless it's in the best interest of the child or society.
  16. Natural Justice: Basic procedural fairness standards, including the right to a fair hearing, impartiality, and the right to review, must be upheld by all individuals or bodies acting in a judicial capacity under this Act.

Juvenile Justice Board

Chapter III of the Juvenile Justice (Care and Protection of Children) Act, 2015 deals with the establishment and functions of the Juvenile Justice Board. Here's a simplified summary of the key points:

Section 4 - Juvenile Justice Board:

  1. Constitution of the Board:
    1. Purpose: The State Government is mandated to establish one or more Juvenile Justice Boards in every district, independent of the provisions in the Code of Criminal Procedure, 1973.
    2. Composition: Each Board is comprised of -
      • Metropolitan Magistrate or Judicial Magistrate of First Class with at least 3 years of experience
      • Two social workers, one of whom must be a woman.
    1. Social Worker Criteria: Social workers must have at least 7 years of active involvement in health, education, or welfare activities related to children, or be practicing professionals with a degree in child psychology, psychiatry, sociology, or law.
    2. Disqualification: No individual is eligible if they have a history of human rights or child rights violations, conviction for an offense involving moral turpitude, removal or dismissal from government service, or engagement in child abuse, child labor, or other immoral acts.
    1. Training: The State Government is responsible for ensuring that all Board members, including the Principal Magistrate, receive induction training and sensitization within 60 days of their appointment. This training covers aspects related to the care, protection, rehabilitation, legal provisions, and justice for children.
    2. Term and Termination:
      1. Term of Office: The term of office for Board members, along with the resignation process, is determined by prescribed rules.
      2. Termination: The State Government has the authority to terminate the appointment of any Board member (excluding the Principal Magistrate) after an inquiry if
        1. they misuse their power,
        2. fail to attend proceedings without valid reasons,
        3. attend less than the prescribed number of sittings,
        4. become ineligible under specified criteria during their term.

        Section 5 - Placement of Persons Turning 18 During Inquiry:

        If a child turns 18 during an inquiry, the Board can continue the inquiry and make orders as if the child were still under 18.

        Section 6 - Placement of Persons Committing Offense Below 18:

        If a person aged 18 or older is accused of an offense committed when they were under 18, they are treated as a child during the inquiry. Such a person can be placed in a place of safety during the inquiry.

        • Section 7 - Procedure in Relation to Board:
          1. The Board should conduct child-friendly proceedings, and the venue should not be intimidating.
          2. A child can be produced before an individual member of the Board if the full Board is not available.
          3. A Board can act even in the absence of some members, but certain conditions must be met for final case disposal.
          4. In the case of differences of opinion among Board members, the Principal Magistrate's opinion prevails.
        • Section 8 - Powers and Functions of the Board:
          1. Exclusive Jurisdiction: The Board has the exclusive power to handle all proceedings related to children in conflict with the law in its designated district.
          2. Extended Powers: The High Court and Children's Court can also exercise the powers of the Board under certain circumstances, such as when cases come before them through specified legal processes.
          3. Functions and Responsibilities of the Board:
            • Ensuring the active participation of the child and their parent or guardian throughout the process.
            • Safeguarding the rights of the child during apprehension, inquiry, aftercare, and rehabilitation.
            • Facilitating access to legal aid for the child through legal services institutions.
            • Providing interpreters or translators when necessary for children who do not understand the language used in proceedings.
            • Directing a social investigation into the case by a Probation Officer or Child Welfare Officer to understand the circumstances of the alleged offense.
            • Adjudicating and disposing of cases following the specified inquiry process.
            • Transferring relevant matters to the Committee when a child in conflict with the law in need of care and protection.
            • Passing final orders that include individual care plans for the child's rehabilitation, with follow-up by relevant authorities.
            • Conduct inquiries for declaring fit persons for the care of children in conflict with the law.
            • Inspecting residential facilities for children in conflict with the law monthly and recommending improvements.
            • Directing the police to register first information reports for offenses against children in conflict with the law or children in need of care and protection.
            • Regularly inspecting adult jails to ensure no child is held there and arrange transfers to observation homes or places of safety.
            • Performing any other functions as prescribed.
            1. If a Magistrate not empowered under this Act believes that the accused is a child, they should forward the case to the appropriate Board.
            2. If an accused claims they were a child at the time of the offense, the court should inquire into their age and, if found to be a child, forward the case to the Board.

            Section 10: Apprehension of Child:

            • When a child is caught by the police for a wrongdoing, they must be handed over to special juvenile police or a child welfare police officer.
            • The child should be brought before the Board (a special authority for children) within 24 hours, excluding travel time. The child should not be placed in police lockup or jail.

            Section 11: Responsibility of the Person in Charge:

            • The person in charge of the child, while the order is in effect, is responsible for the child's well-being, as if they were the child's parent.
            • The child stays with this person as long as the Board believes it's best, except if the Board thinks another person is better for the child.

            Section 12: Bail for Children:

            • If a person who appears to be a child is accused of a crime, they can be released on bail, with or without surety, or placed under supervision or care.
            • However, they can't be released if it's believed they might become involved in more crimes or be harmed, or if their release would harm justice.

            Section 13: Informing Parents and Probation Officer:

            • The police must inform the child's parents or guardian if they can be found and direct them to appear before the Board.
            • The probation officer or a Child Welfare Officer must prepare a report about the child's background and submit it to the Board within two weeks.

            Section 14: Inquiry by the Board
            The Board must hold an inquiry when a child is brought before it and can make various orders based on the child's situation. The inquiry should be completed within four months, but it can be extended for two more months if needed.

            Section 15: Preliminary Assessment for Serious Offences
            For serious crimes committed by a child above 16, a preliminary assessment is done to see if the child understands the crime and its consequences. Depending on the assessment, the case may be tried as an adult or handled under this Act.

            1. The Chief Judicial Magistrate or Chief Metropolitan Magistrate reviews cases every three months and may recommend more Boards if needed.
            2. A high-level committee reviews cases every six months to check progress and may involve experts and organizations.

            Section 18: Orders for Children in Conflict with Law
            The Board can make various orders based on the child's age, offense, and circumstances, including counseling, community service, probation, or placement in a special home. Education, skills training, and therapy may also be included.

            Section 19: Powers of Children's Court
            The Children's Court can decide whether a child should be tried as an adult or handled under this Act. It ensures an individual care plan for the child's rehabilitation, and the child stays in a place of safety until 21 years old.

            Section 20: Child Aged 21 and Unfinished Sentence
            If a child turns 21 before completing their sentence, a review is done to determine if they can rejoin society. They may be released with conditions or sent to jail.

            Section 21: No Disqualification for Certain Offenses
            A child dealt with under this Act won't suffer disqualifications due to a conviction, except for heinous offenses committed by children above 16.

            Section 22: No Joint Proceedings
            A child in conflict with the law should not be tried jointly with an adult.

            Section 23: Special Provision for Runaway Child:
            If a child escapes from care, the police can take charge of them and bring them back. The Board assesses why the child ran away and makes appropriate decisions for their care.

            Section 24: Removal of Disqualification:
            A child who has committed an offense under this Act doesn't suffer disqualifications attached to convictions under other laws. Records of such convictions may be destroyed.

            Section 25: Special Provision for Pending Cases:
            Cases pending before any Board or court at the start of this Act continue as if the Act wasn't enacted.

            Section 26: Runaway Child in Conflict with Law:
            Police can take charge of a runaway child in conflict with the law and return them to care. The Board decides the best course of action for the child's welfare.

            Child Welfare Committee Sections

            Section 27 - Child Welfare Committee (CWC):

              The Child Welfare Committee (CWC) is established by the State Government for each district, responsible for handling matters concerning children in need of care and protection, as per the Juvenile Justice (Care and Protection of Children) Act, 2015.

            Formation and Composition:

            • Each district must have one or more CWCs.
            • A Committee includes a Chairperson and four members appointed by the State Government.
            • At least one member must be a woman, and another must be an expert in child-related matters.

            Qualifications for Committee Members:

            • Members should have degrees in specific fields related to children or be practicing professionals involved in child-related activities for at least seven years.
            • Criteria disqualifying potential members include past human rights or child rights violations, convictions for offenses involving moral turpitude, dismissal from government service, engagement in child abuse or labor, or involvement in the management of a child care institution.