The Juvenile Justice (Care and Protection of Children) Act, 2015.
The Juvenile Justice (Care and Protection of Children) Act, 2015
Background and Purpose
The Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter, JJ Act, 2015) is a significant legislation governing the treatment of children in conflict with law and children in need of care and protection in India. It replaced the earlier Juvenile Justice Act, 2000, to align with contemporary challenges and international standards such as the UN Convention on the Rights of the Child.
The Act was introduced primarily to:
Provide care, protection, treatment, and rehabilitation of juveniles.
Safeguard the rights of children in conflict with law (juvenile offenders) and children in need of care and protection.
Establish juvenile justice boards and child welfare committees.
Create a legal framework balancing the welfare of the child and the interests of society.
Respond to challenges posed by heinous crimes involving juveniles (e.g., amendments for trial of juveniles in the 16-18 age group).
Key Definitions (Section 2)
Child: A person below 18 years of age.
Juvenile or Child in Conflict with Law: A child who is alleged or found to have committed an offence.
Child in Need of Care and Protection: A child who is orphaned, abandoned, abused, neglected, or trafficked.
Heinous Offence: Offences punishable with imprisonment of 7 years or more, including murder, rape, kidnapping, etc.
Important Provisions
1. Juvenile Justice Board (JJB) and Child Welfare Committee (CWC) (Sections 4-6)
JJB: A special body constituted to handle cases of children in conflict with law.
CWC: A committee to look after children in need of care and protection.
Both bodies have social workers and judicial magistrates as members.
2. Categories of Juveniles in Conflict with Law (Section 15)
Children below 16 years: Cannot be tried as adults.
Children aged 16-18 years: If accused of heinous offences, can be tried as adults after preliminary assessment by JJB.
3. Preliminary Assessment (Section 15(3))
For children aged 16-18 accused of heinous offences, JJB conducts a preliminary assessment of the child’s mental and physical capacity, ability to understand the consequences of the offence, and circumstances leading to the offence.
Based on this, the Board decides whether the child should be tried as an adult or under juvenile justice proceedings.
4. Care and Protection (Sections 2(14), 37-53)
Children in need of care and protection include those who are homeless, abused, trafficked, or in conflict with law but not involved in crime.
The Act mandates rehabilitation, shelter homes, foster care, and adoption procedures.
Emphasizes non-institutional care where possible.
5. Rehabilitation and Social Integration (Sections 47-51)
Provision of education, vocational training, and counseling for juveniles.
Emphasis on restorative justice, aiming for reformation rather than punishment.
Institutional care is for the shortest period necessary.
6. Penalties for Offences Against Children (Section 75)
The Act prescribes stringent penalties for offences committed against children, such as cruelty, abandonment, trafficking, and exploitation.
Amendments in 2015: Trial of Juveniles in Heinous Offences
The 2015 Act introduced the controversial provision allowing juveniles aged 16-18 years to be tried as adults in heinous offences.
This was a response to public outcry over heinous crimes committed by juveniles.
The preliminary assessment by the Juvenile Justice Board is a crucial step to ensure fairness.
Key Judicial Interpretations and Case Law
1. Gautam Kundu v. Union of India (2018) (Calcutta High Court)
The Court dealt with the application of the 2015 Act concerning juveniles accused of heinous offences.
Emphasized the importance of preliminary assessment and procedural safeguards to protect juveniles from being wrongly tried as adults.
Held that rehabilitation is paramount, and children should not be subjected to harsh criminal processes unnecessarily.
2. Lalita Kumari v. Govt. of UP (2013) (Supreme Court)
Though primarily about mandatory registration of FIRs, this case impacted the treatment of juvenile cases.
Established that prompt and proper registration and investigation are critical, including in juvenile cases.
Reinforces speedy and child-friendly justice under the JJ Act.
3. Sheela Barse v. Union of India (1986)
Early landmark case emphasizing the rights of juvenile offenders and humane treatment.
The Supreme Court underscored that juveniles require rehabilitation rather than punishment.
Paved the way for specialized juvenile justice legislation like the JJ Act.
4. Bachpan Bachao Andolan v. Union of India (2011)
The Court dealt with child trafficking and abuse.
Emphasized the role of Child Welfare Committees and statutory protections for children.
Affirmed the need for strict enforcement of child protection laws.
Constitutional and International Law Context
The Act aligns with Article 15(3) and Article 21 of the Constitution, emphasizing non-discrimination and right to life and dignity.
It incorporates principles from the UN Convention on the Rights of the Child, which India ratified, focusing on child rights, protection, and best interests of the child.
Emphasizes rehabilitation, social reintegration, and protection rather than punitive measures.
Procedural Safeguards under the Act
Trials to be conducted in special juvenile courts or sessions courts as applicable.
No public disclosure of identity or particulars of juveniles.
Child-friendly investigation and interrogation methods.
Legal aid and counseling to be provided.
Protection from detention with adult prisoners.
Criticisms and Challenges
The provision to try 16-18-year-olds as adults is criticized for potentially undermining the rehabilitative ethos.
Implementation issues persist, including delays in rehabilitation, overcrowded institutions, and inadequate child-friendly infrastructure.
Need for better training of Juvenile Justice Boards and social workers.
Summary Table
| Aspect | Details |
|---|---|
| Act Name | Juvenile Justice (Care and Protection of Children) Act, 2015 |
| Purpose | Care, protection, and rehabilitation of children in conflict with law and children in need of care |
| Age Definition | Below 18 years |
| Juveniles Tried as Adults | Children 16-18 years in heinous offences after preliminary assessment |
| Bodies Established | Juvenile Justice Boards, Child Welfare Committees |
| Focus | Rehabilitation, social reintegration, child-friendly justice |
| Penalties | Protection from abuse and exploitation; penalties for offences against children |
| Key Judicial Decisions | Gautam Kundu v. Union of India; Sheela Barse v. Union of India; Bachpan Bachao Andolan v. Union of India |
Conclusion
The Juvenile Justice (Care and Protection of Children) Act, 2015 is a progressive and child-centric law balancing the need for juvenile justice with the protection and rehabilitation of vulnerable children. It seeks to treat juveniles differently from adults, focusing on reform rather than punishment, while allowing exceptions for heinous offences with proper safeguards.
The judiciary has played a crucial role in interpreting and ensuring the Act’s implementation consistent with constitutional values and international child rights standards.
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