The act of juvenile justice ( care an d protection ) act 2015

replaced the act of 2000

The act comes in to force on 15th January

It was passed on 7 May 2015 by the Lok Sabha amid intense protest by several
Members of Parliament. It was passed on 22 December 2015 by the Rajya
Sabha

After the 2012 Delhi gang rape, it was found that one of the accused was a few
months away from being 18. So, he was tried in a juvenile court. [1] On 31 July
2013, Subramanian Swamy, a BJP politician filed a Public Interest Litigation in
the Supreme Court of Indiaseeking that the boy be tried as an adult in a court.
The Court asked the juvenile court of delay its verdict

In July 2014, Minister of Women and Child Development, Maneka Gandhi said
that they were preparing a new law which will allow 16-year-olds to be tried as
adult.

The bill was introduced in the Parliament by Maneka Gandhi on 12 August 2014.
[9]
On 22 April 2015, the Cabinet cleared the final version after some changes

The bill will allow a Juvenile Justice Board, which would

include psychologists andsociologists, to decide whether a juvenile criminal in the
age group of 1618 should tried as an adult or not.

The bill introduces foster care in India

One of the most criticized step in the new JJ Bill 2015 is introduction of "Judicial
Waiver System" which allows in certain conditions to treat juveniles in adult
criminal justice system and to punish them as adults. This is for the first time in
India's history that such a provision has been prescribed. Given to the severe
criticism, Bill was referred to a Standing Committee of Parliament which also
rejected such provisions. Since recommendations of Parliament's Standing
Committee are not binding, Government has moved ahead and introduced the
Bill in Lok Sabha, where it stands passed.

The bill now stands Passed in Rajya-Sabha on Tuesday 22 December 2015, after
the Nirbhaya case accused juvenile was released

During the debate in the Lok Sabha in May 2015, Shashi Tharoor,
an INC Member of the Parliament (MP), argued that the law was in contradiction
with international standards and that most children who break the law come from
poor and illiterate families. He said that they should be educated instead of being
punished.[1]

 Retired Judge of Delhi High Court, Justice RS Sodhi on 8 August 2015 told
Hindustan Times, "We are a civilised nation and if we become barbaric by
twisting our own laws, then the enemy will succeed in destroying our social
structure. We should not allow that but we must condemn this move of sending
children to fight their war"

The act - lowering culpable age from 18 years to 16 years

Some other key provisions include new definitions such as

orphaned, abandoned and surrendered children; petty, serious and
heinous offences committed by children; clarity in powers, function
and responsibilities of the Juvenile Justice Board and Child Welfare
Committee.
For streamlined and more effective adoption procedures for
orphaned, abandoned and surrendered children, the existing Central
Adoption Resource Authority has been given statutory body status.
According to the present Act, the emphasis of juvenile detention is not
supposed to be on punishment, but on rehabilitation
The bill also seeks to establish Juvenile Justice Boards (JJB) and Child
Welfare Committees in each district of the country. It also demands that
JJB will decide whether a juvenile accused will be sent to a rehabilitation
home or be tried as an adult
Under the Juvenile Justice (Care and Protection of Children) Act, 2000, the
maximum sentence for a juvenile who has broken the law is three years in
a protective home, no matter how serious the crime is
The law also says that youthful offenders cannot be sentenced to death or
life in prison
The first legislation on juvenile justice in India came in the year 1850
which required that children between the ages of 10-18 years, who are
convicted in courts, should be provided vocational training as a part of their
rehabilitation process
This Act was further amended in 2006 and 2011 and is now known as the
Juvenile Justice (Care and Protection) Act, 2000

 According to the Act, "No newspaper, magazine, news-sheet or visual

media shall disclose the name, address or school, or any other particulars
calculated to lead to the identification of the juvenile"

Juvenile Justice Boards (JJB) and Child Welfare Committees (CWC) will be constituted in
each district. The JJB will conduct a preliminary inquiry to determine whether a juvenile
offender is to be sent for rehabilitation or be tried as an adult. The CWC will determine
institutional care for children in need of care and protection.

Eligibility of adoptive parents and the procedure for adoption have been included in the Bill.

Penalties for cruelty against a child, offering a narcotic substance to a child, and abduction or
selling a child have been prescribed