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JUVENILE JUSTICE

(CARE AND PROTECTION


OF CHILDREN)
ACT, 2015

Presented by:
KRISHNA PRASAD DAS MADHAVA
Psychologist & Arts Based Therapy Practitioner
Programme Manager Navajeevan Bala Bhavan
Member Juvenile Justice Board, Krishna District
An Act to consolidate and amend the law relating to children :

alleged and found to be in conflict with law and

children in need of care and protection

by catering to their basic needs through proper care, protection,

development, treatment, social re-integration, by adopting a child-friendly

approach in the adjudication and disposal of matters in the best interest

of children and for their rehabilitation through processes provided, and

institutions and bodies established.

JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015


The provisions of the Constitution confer powers and impose duties,
under clause (3) of article 15, clauses (e) and (f) of article 39, article 45
and article 47, on the State to ensure that all the needs of children are
met and that their basic human rights are fully protected;

The Government of India has acceded on the 11th December, 1992 to


the Convention on the Rights of the Child, adopted by the General
Assembly of United Nations, which has prescribed a set of standards to
be adhered to by all State parties in securing the best interest of the
child;

JJ Act 2015 enacted as per the standards of:


The Convention on the Rights of the Child,
The United Nations Standard Minimum Rules for the Administration
of Juvenile Justice, 1985 (the Beijing Rules),
The United Nations Rules for the Protection of Juveniles Deprived of
their Liberty (1990),
The Hague Convention on Protection of Children and Co-operation in
Respect of Intercountry Adoption (1993), and other related
international instruments.

JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015


CHAPTERS

Chapt Section Details


er s
1 1&2 Short title, extent, commencement and application.
Definitions.
2 3 General Principles of Care and Protection of Children
3 4 to 9 Juvenile Justice Board
4 10 to 26 Procedure in Relation to Children in Conflict with Law
5 27 to 30 Child Welfare Committee
6 31 to 38 Procedure in Relation to Children in Need of Care and
Protection
7 39 to 55 Rehabilitation and Social Re-integration ( Shelters, Homes,
Foster Care, Fit Facility
8 56 to 73 Adoption (Eligibility, Procedure, Inter-country adoptions,
Court Procedure, Adoption Agencies etc.,
9 74 to 89 Other Offences against Children (Prohibition on disclosure
of identity of children, cruelty, psychotropic substances,
corporal punishment, exploiting child worker etc.,)
10 90 to Miscellaneous (Transfers, Releases, leave of absence,
112 appeals, revisions, JJ Fund, SCPS, DCPU, CWPO, SJPU, Public
Awareness etc.,
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
Provisio The Juvenile Justice Act, The Juvenile Justice Act,
n 2000 2015
All children under the age of 18 years Juveniles aged between 16-18 years
Treatment of treated equally. Maximum penalty for committing serious or heinous offences
Juveniles juvenile in conflict with law is three years. could be tried as adults. However, there
will be no death penalty or life
imprisonment.
Juvenile Conducts inquiry and directs the juvenile Adds a preliminary inquiry, conducted in
Justice Board to be placed in any fit institution for a certain cases by JJB to determine whether
period not exceeding three years. a child is placed in a home or sent to
Childrens Court to be tried as an adult.

Child Welfare Disposing of cases for children in need of Functions are same as in the Act; training
Committee care and protection; Frequency of of members to be done within two months
meetings not specified. of Bill becoming law; Committee to meet
at least 20 days in a month.
Appeals Appeal to the Session Court within 30 Appeal JJB/CWC order within 30 days to
days of JJB order; further appeal to a High Childrens Court, further High Court
Court. (District Magistrate for foster care, etc).

Adoption No provision for inter-country adoption in Inter-country adoption allowed if adoption


the Act; the Guidelines Governing the cannot take place within the country,
Adoption of Children, 2011 provide for within 30 days of child being declared
inter-country adoption. legally free for adoption.
Foster Care Temporary placement of a child to be Same as the Act. Adds new provision for
given for adoption, with a family for a monthly checks on foster family by the
short/extended period of time; biological CWC.
family may be allowed to visit.
After-care Monetary and continued support for One-time financial support to children
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
GENERAL PRINCIPLES TO BE FOLLOWED IN ADMINISTRATION OF ACT

(i) Principle of presumption of innocence: Any child shall be presumed to be


an innocent of any mala fide or criminal intent up to the age of eighteen years.

(ii) Principle of dignity and worth: All human beings shall be treated with equal
dignity and rights.

(iii) Principle of participation: Every child shall have a right to be heard and to
participate in all processes and decisions affecting his interest and the childs
views shall be taken into consideration with due regard to the age and maturity of
the child.

(iv) Principle of best interest: All decisions regarding the child shall be based on
the primary consideration that they are in the best interest of the child and to help
the child to develop full potential.

(v) Principle of family responsibility: The primary responsibility of care, nurture


and protection of the child shall be that of the biological family or adoptive or
foster parents, as the case may be.

(vi) Principle of safety: All measures shall be taken to ensure that the child is
safe and is not subjected to any harm, abuse or maltreatment while in contact with
the care and protection system, and thereafter.

(vii) Positive measures: All resources are to be mobilised including those of


family and community, for promoting the
JUVENILE well-being,
JUSTICE facilitating
(CARE AND PROTECTIONdevelopment
OF CHILDREN) of
ACT, 2015
(viii) Principle of non-stigmatising semantics: Adversarial or accusatory words are not to
be used in the processes pertaining to a child.

(ix) Principle of non-waiver of rights: No waiver of any of the right of the child is
permissible or valid, whether sought by the child or person acting on behalf of the child, or a
Board or a Committee and any non-exercise of a fundamental right shall not amount to waiver.

(x) Principle of equality and non-discrimination: There shall be no discrimination against a


child on any grounds including sex, caste, ethnicity, place of birth, disability and equality of
access, opportunity and treatment shall be provided to every child.

(xi) Principle of right to privacy and confidentiality: Every child shall have a right to
protection of his privacy and confidentiality, by all means and throughout the judicial process.

(xii) Principle of institutionalisation as a measure of last resort: A child shall be placed


in institutional care as a step of last resort after making a reasonable inquiry.

(xiii) Principle of repatriation and restoration: Every child in the juvenile justice system
shall have the right to be re-united with his family at the earliest and to be restored to the
same socio-economic and cultural status that he was in, before coming under the purview of
this Act, unless such restoration and repatriation is not in his best interest.

(xiv) Principle of fresh start: All past records of any child under the Juvenile Justice system
should be erased except in special circumstances.

(xv) Principle of diversion: Measures for dealing with children in conflict with law without
resorting to judicial proceedings shall be promoted unless it is in the best interest of the child
or the society as a whole.

(xvi) Principles of natural justice: Basic procedural standards of fairness shall be adhered
to, including the right to a fair hearing, rule against bias and the right to review, by all persons
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
CHILDREN IN CONFLICT WITH LAW

Juvenile Justice Boards (JJBs) will be constituted in each district to deal


with children in conflict with law. They will consist of a Metropolitan or
Judicial Magistrate and two social workers, including a woman.

Offences committed by juveniles are categorized as: (i) Heinous


offences (those with minimum punishment of seven years of
imprisonment under IPC or any other law), (ii) Serious offences (three
to seven years of imprisonment), and (iii) Petty offences (below three
years of imprisonment). A juvenile cannot be given life imprisonment
without the possibility of release or death penalty.

Under the Act, a juvenile in conflict with law can be required to spend a
maximum of three years in a special home or fit facility. However,
juveniles in the age group of 16-18 years may be tried as adults in
certain cases. Any person who is between the ages of 16-18 years and
has committed a heinous offence may be tried as an adult, irrespective
of date of apprehension. Also, a juvenile between 16-18 years of age
who has committed a serious offence and apprehended after the age of
21 years, may be tried as an adult.

In all other cases, juveniles will get a maximum of three years in


institutional care, as determined by the(CARE
JUVENILE JUSTICE JJB. AND PROTECTION OF CHILDREN) ACT, 2015
CHILDREN IN CONFLICT WITH LAW

In case of heinous offences, if a juvenile is apprehended before 21


years of age the JJB will conduct a preliminary inquiry. This will
determine his mental/physical capacity to commit an offence and an
understanding of its consequences. The JJB will then pass an order
that recommends: (i) interventions like counseling or community
service; (ii) staying at an observation home for a temporary or long-
term period; or (iii) refer the juvenile to a Childrens Court to
determine whether to try him as an adult.

A Childrens Court is a Sessions Court notified under the Commissions


for Protection of Child Rights Act, 2005. For the purposes of this Act ,
once a juvenile is referred by a JJB to a Childrens Court it will
determine
Order thewhether
police for
toregistration of first
try him as an adultinformation report for
or else recommend
offences committed
counseling, against any
stay at observation childetc.
home, in conflict with law, under this
Act or any other law for the time being in force, on a complaint
made in this regard;

Order the police for registration of first information report for


offences committed against any child in need of care and protection,
under this Act or any other law for the time being in force, on a
written complaint by a Committee in this regard;
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
12. (1) When any person, who is apparently a child and is alleged to
have committed
a bailable or non-bailable offence, is apprehended or detained by the
police or appears or brought before a Board, such person shall,
notwithstanding anything contained in the
Code of Criminal Procedure, 1973 or in any other law for the time
being in force, be released on bail with or without surety or placed
under the supervision of a probation officer or under the care of any fit
person:

13. (1) Where a child alleged to be in conflict with law is


apprehended, the officer
designated as Child Welfare Police Officer of the police station, or the
special juvenile
police unit to which such child is brought, shall, as soon as possible
after apprehending the child, inform
(i) the parent or guardian of such child, if they can be found, and
direct them to
be present at the Board before which the child is produced; and
(ii) the probation officer, or if no probation officer is available, a Child
Welfare
Officer, for preparation and submission within two weeks to the Board,
a social
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
DIFFERENTIATION ON THE BASIS OF DATE OF APPREHENSION
FOR SERIOUS AND HEINOUS OFFENCES

Type of Age when Age on date Penalty


Offence offence of
committe apprehensi
d on
Serious 17 years Below 21 Counselling or fine or
offence years maximum 3 years in
special home
Serious 17 years Above 21 Will be tried as an adult;
offence years Imprisonment of 3-7 years

Heinous 17 years Below 21 Based on evaluation of


offence years mental capacity, etc, may
be tried as a child (max. 3
years) or adult (more than
7 years)
Heinous 17 years Above 21 Will be tried as an adult;
offence years Imprisonment of 7 years
and above
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
CHILDREN IN NEED OF CARE AND PROTECTION

Child Welfare Committees (CWCs) will be constituted in each district to deal


with children in need of care and protection. They will be composed of a
chairperson and four other members who shall be experts on matters
relating to children. At least one of the four members will be a woman.

A child who is found to be in need of care and protection shall be brought


before a CWC within 24 hours. Subsequently, a Social Investigation Report is
required to be prepared within 15 days. After assessing the report, the CWC
may recommend that the child be sent to a childrens home or another
facility for long term or temporary care, or declare the child as free for
31. (1)adoption
Any childor
in foster
need ofcar
care and protection may be produced before the Committee
by any of the following persons, namely:
I. any police officer or special juvenile police unit or a designated Child Welfare Police
Officer or any officer of District Child Protection Unit or inspector appointed under any
labour law for the time being in force;
II. any public servant;
III. Childline Services or any voluntary or non-governmental organisation or any agency as
may be recognised by the State Government;
IV. Child Welfare Officer or probation officer;
V. any social worker or a public spirited citizen;
VI. by the child himself; or
VII. any nurse, doctor or management of a nursing home, hospital or maternity home:

Provided that the child shall be produced before the Committee without any loss of time but
within a period of twenty-four hours excluding the time necessary for the journey.

JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015


32. (1) Any individual or a police officer or any functionary of any organisation or a
nursing home or hospital or maternity home, who or which finds and takes charge,
or is handed over a child who appears or claims to be abandoned or lost, or a child
who appears or claims to be an orphan without family support, shall within twenty-
four hours (excluding the time necessary for the journey), give information to the
Childline Services or the nearest police station or to a Child Welfare Committee or
to the District Child Protection Unit, or hand over the child to a child care institution
registered under this Act, as the case may be.

(2) The information regarding a child referred to in sub-section (1) shall be


mandatorily uploaded on a portal as may be specified by the Central Government
or the Committee or the District Child Protection Unit or the child care institution,
as the case may be.

33. If information regarding a child as required under section 32 is not given within
the period specified in the said section, then, such act shall be regarded as an
offence.

34. Any person who has committed an offence under section 33 shall be liable to
imprisonment up to six months or fine of ten thousand rupees or both.

JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015


COMPARISON OF PENALTIES ASSIGNED TO OFFENCES UNDER THE JJ
ACT 2015
Offence Penalty prescribed in the JJ Act 2015
Prohibition on disclosure of identity imprisonment for a term which may extend
of to six months or fine which may extend to
children. two lakh rupees or both. Sec.74 ( JJB or
CWC).
Giving a child any intoxicating Imprisonment: up to seven years; Fine: up
liquor/narcotic to one lakh rupees . Sec. 77 & 78
drug/tobacco/psychotropic
substances
Selling or buying a child Imprisonment: up to five years; Fine: one
lakh rupees. Sec. 81
Subjecting a child to cruelty Imprisonment: up to three years; Fine:
and/or one lakh rupees . Sec.75
Employing a child for begging Imprisonment: up to five years; Fine: one
lakh rupees Sec.76
Engaging a child and keeps him in Rigorous imprisonment for a term which
bondage for the purpose of may extend to five years and shall also be
employment or withholds his liable to fine of one lakh rupees. Sec 79.
earnings or uses such earning for
his own purposes
Punitive measures for adoption imprisonment of either description for a
without following prescribed term which may extend upto three years,
procedures. or with fine of one lakh rupees, or with
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
OTHER PROVISIONS

Adoption: The Central Adoption Resource Agency will frame


regulations on adoption. These regulations will be implemented by
state and district agencies. Prospective adoptive parents should be
physically and financially sound. A single or divorced person may
adopt a child. A single male may not adopt a girl child. The Bill also
provides for inter-country adoption.

Registration of institutions: Institutions for child care having a


valid registration under the 2000 Act will continue to be
recognized. Other institutions are required to be registered within
six months of this Bill coming into force. The registration is valid for
five years and needs to be renewed. Inspection committees will
inspect these institutions and registration may be cancelled if they
do not meet the prescribed criteria.

JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015


NCRB data: One of the reasons cited for the Bills introduction
is an increase in heinous offences committed by 16-18 year
olds. The Committee stated that this data compiled by NCRB is
misleading as it is based on filing of FIRs and not actual
convictions.
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015