THE JUVENILE JUSTICE ACTCARE 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 andexploitation 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 childrenin conflict with law.REFORMING SCHOOL 1987:children <15 yrs---sentence toimprisonment or reformatory schools.MADRAS ACT 1920: Establishment of separate juvenile courtand their residential institution. -DELINQUE -NEGLECTEDCHILD ACT 1960: Parliament enacted the first legislationSex 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 .
THE JUVENILE JUSTICE (CARE AND PROTECTION OFCHILDREN) AMENDEMENT ACT, 2006Constitution has, in several provisions, including clause (3) of article15, clauses (e) and (f) of article 39, articles 45 and 47, impose on the State aprimary responsibility of ensuring that all the needs of children are metand that their basic human rights are fully protectedGeneral Assembly of the United Nations has adopted the Convention on theRights of the Child on the 20th November, 1989The Convention on the Rights of the Child emphasizes socialreintegration of child victims, to the extent possible, without resorting tojudicial proceedings;The Government of India has ratified the Convention on the 11thDecember, 1992.
The Convention on the Right of child lays downfour 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 CONTEXTOTHERWISE REQUIRESAdvisory board Observation homesBegging Special homesFit institutionJuvenileCommitteeAdoption.childrens home”competent authorityGuardian
Children who need care and protection 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
An Act to consolidate and amend the law relating tojuveniles in conflict with law•Protection and treatment.•Child-friendly approach.•Rehabilitation.•Institutions established.
JUVENILE JUSTICE BOARD :Appointed by the State Government.Panel of Metropolitan Magistrate or Judicial Magistrateof the first class.Two social workers of whom at least one shall be awomen.Magistrate to have special knowledge or training in childpsychology or child
PROCEDURE, ETC. IN RELATION TO BOARD :Juvenile in conflict with law to be produced beforeJJB/a member of JJB. when JJB not sitting JJB may act and pass ordersin the absence of any member.At least two members including Magistrate to bepresent at time of final disposal of case Opinion ofmajority will prevail.In absence, opinion of magistrate will prevail.
PROCEDURE TO BE FOLLOWED BY AMAGISTRATE NOT EMPOWERED UNDER THEACT :He shall without any delay record such opinion and forwardthe juvenile or the child, and the record of the proceeding tothe competent authority having jurisdiction over theproceeding.
APPREHENSION OF JUVENILE IN CONFLICT WITHLAW.-The shall be placed under the charge of the specialjuvenile police unit The State Government may make rules consistent withthis Act,- To provide for persons through whom ( includingregistered voluntary organizations) any juvenile inconflict with law may be produced before the Board toprovide the manner in which such juvenile may be sentto an observation home.
CONTROL OF CUSTODIAN OVER JUVENILEAny person in whose charge a juvenile is placedin pursuance of this Act shall, while the order is inforce have the control over the juvenile as hewould have if he were his parents, and shall beresponsible for his maintenance, and the juvenileshall continue in his charge for the period statedby competent authority, notwithstanding that he isclaimed 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 observationhome/place of safety pending inquiry
INFORMATION TO PARENT, GUARDIAN ORPROBATION OFFICER:-The parent or guardian of the juvenile.Direct him to be present at the Board before which thejuvenile will appear.Information regarding the antecedents and familybackground of the juvenile.
INQUIRY BY BOARD REGARDING JUVENILE.-Inquiry to be completed within 4 months
ORDER THAT MAY BE PASSED REGARDINGJUVENILE.-Counsel parents/ guardian;Advise the child to :Group counseling and similar activities Perform communityservice.Payment of fine, (>14 yrs age)Release on probation of good conduct, and place under care ofparent/ guardian or other fit person or fit institution. Direct the juvenile to be sent to a Special Home
ORDER THAT MAY NOT BE PASSED AGAINSTJUVENILEA Juvenile Cannot be sentenced todeath/life imprisonment/committed to prison.Cannot be charged with/tried for offence with anadult.JJB cannot pass orders seeking security for goodbehavior, etc
NO JOINT PROCEEDING OF JUVENILE AND PERSON NOT AJUVENILE.REMOVAL OF DISQUALIFICATION ATTACHING TOCONVICTION.PROHIBITION OF PUBLICATION OF NAME, ETC., OFJUVENILE INVOLVED IN ANY PROCEEDING UNDER THE ACT.-SPECIAL PROVISION IN RESPECT OF PENDING CASES.-PUNISHMENT FOR CRUELTY TO JUVENILE OR CHILD.-PROVISION IN RESPECT OF ESCAPED JUVENILE.-.EMPLOYMENT OF JUVENILE OR CHILD FOR BEGGING.-
PENALTY FOR GIVING INTOXICATING LIQUOR OR NARCOTICDRUG OR PSYCHOTROPIC SUBSTANCE TO JUVENILE ORCHILD.-EXPLOITATION OF JUVENILE OR CHILDEMPLOYEE.-SPECIAL OFFENCES.- The offences punishable under sections 23, 24, 25 and 26 shall be cognizableALTERNATIVE PUNISHMENT
CHILD IN NEED OF CARE AND PROTECTION ... are children who are neglected, abused, abandoned and victim of any armed conflict or natural calamities
CHILD WELFARE COMMITTEEAppointed by State Govt. to deal with matters related to children isneed care & protection Consists of 5 members includingchairperson.1 of 4 members to be a women and another expert of mattersconcerning children.To function as a bench of magistrates and to have powerconferred by CrPC on a metropolition magistrate or a judicialMagistrate first class megistrate.
PROCEDURE, ETC., IN RELATION TO COMMITTEE:A child in need of care & protection to be produced beforeCWC/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.
POWERS OF COMMITTEEFinal authority to dispose of cases for the care, protection,treatment, development and rehabilitation of the children as wellas to provide for their basic needs and protection of
INQUIRYCWC/any police officer/SPJU/designated police officerto hold inquiry CWC may pass an order to send thechild to the children’s home for speedy inquiry by asocial workers/child welfare officer. Inquiry to be completed within 4 months of thereceipt of the order.
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 disposalPresumption and determination of ageSending 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 andNizamabad and one Home for Girls at HyderabadThere are 4 Juvenile Homes for Boys functioning in Hyderabad, Eluru, Visakhapatnamand CuddapahThere is one Special Home for Boys at Hyderabad for reception of delinquent juvenilescommitted by courts