At the end of the session the participants would understand ◦ The basics of Juvenile Justice Act ◦ Bottlenecks in Juvenile Justice Act 2000 ◦ Overview of Juvenile Justice Act 2006
The fate of humanity is in the hands of a child -Abraham Lincoln
The Act is a central Act, which came into force on April 1, 2001,throughout the country. It is based on(i) Provisions of the Indian Constitution(ii) United Nations Convention on Rights of the Child, 1989(iii) United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (the Beijing Rules)(iv) United Nations Rules for the Protection of Juveniles deprived of their Liberty, 1990.
The act fails to express the minimum age, below which the Act would not be applicable There is no concept of parental responsibility Education, training and recreation of children, who are in observation homes, have not been provided Fails to provide for procedural guarantees like right to counsel and right to speedy trial The Act does not take into account the orders and directions of the Supreme Court Fails to identify juvenile in need of care and protection, the reach of this law becomes restricted
Prohibits the disclose the name, address or school or any other particulars calculated to lead to the identification of the juvenile or child Any person who contravenes the provisions of the above sub-section shall be liable to a penalty which may extend to twenty-five thousand rupees. The Act provides constituting five members District level quasi-judicial body "Child Welfare Committee".
“Adoption” means ◦ the process through which the adopted child is permanently separated from his biological parents ◦ become the legitimate child of his adoptive parents ◦ with all the rights, privileges and responsibilities that are attached to the relationship.
The court may allow a child to be given in adoption— (a) to a person irrespective of marital status (b) to parents to adopt a child of same sex irrespective of the number of living biological sons or daughters (c) to childless couples
Court shall make an inquiry, take evidence as (but not an affidavit) so as to determine the age of such person, and shall record a finding whether the person is a juvenile or a child• If the court finds a person to be a juvenile on the date of commission of the offence under sub-section (1), it shall forward the juvenile to the Board for passing appropriate order, and the sentence if any, passed by a court shall be deemed to have no effect.’’.
The State Government shall review the pendency of cases of the Committee at every six months, and shall direct the Committee to increase the frequency of its sittings or may cause the constitution of additional Committees. After the completion of the inquiry, if, the Committee is of the opinion that the said child has no family or ostensible support or is in continued need of care and protection, it may allow the child to remain in the children’s home or shelter home till suitable rehabilitation is found for him or till he attains the age of eighteen years.”.