By Dr. Sailaja Petikam
The Juvenile Justice (Care and Protection of Children) Act was enacted in the year 2000 to provide for the protection of children. The Act was amended twice in 2006 and 2011 to address gaps in its implementation and make the law more child-friendly.
During the course of implementation of the Act, several issues arose, such as increasing incidents of abuse of children in institutions, inadequate facilities, quality of care and rehabilitation measures in homes, high pendency of cases, delays in adoption due to faulty and incomplete processing, lack of clarity regarding roles, responsibilities and accountability of institutions, and inadequate provisions to counter offences against children such as corporal punishment and sale of children for adoption purposes. These issues highlighted the need to review the existing law.
Further, increasing cases of crimes committed by children in the age group of 16-18 years made it evident that the existing provisions and system under the Juvenile Justice (Care and Protection of Children) Act, 2000 were ill-equipped to tackle child offenders in this age group. The data collected by the National Crime Records Bureau established that crimes by children in the age group of 16-18 years had increased, especially in certain categories of heinous offences.
Numerous changes were therefore required in the existing Act and it was proposed to repeal the Juvenile Justice (Care and Protection of Children) Act, 2000 and re-enact comprehensive legislation covering general principles of care and protection, procedures for children in need of care and protection and children in conflict with law, rehabilitation and social reintegration, adoption of orphaned, abandoned and surrendered children, and offences committed against children.
Juvenile Justice (Care and Protection of Children) Act, 2015
Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to all matters concerning children in need of care and protection and children in conflict with law, including apprehension, detention, prosecution, penalty or imprisonment, rehabilitation and social reintegration of children in conflict with law, and procedures and decisions or orders relating to rehabilitation, adoption, reintegration and restoration of children in need of care and protection.
The Act mainly protects children in two categories: (a) children in need of care and protection, and (b) children in conflict with law. It lays down special procedures by adopting a child-friendly approach and keeping the best interests of the child in mind.
‘Child in conflict with law’ means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence.
Procedure in relation to children in conflict with law
As soon as a child alleged to be in conflict with the law is apprehended by the police, such child shall be placed under the charge of the Special Juvenile Police Unit or the designated Child Welfare Police Officer, who shall produce the child before the Juvenile Justice Board without any loss of time and within 24 hours of apprehending the child, excluding the time necessary for the journey. In no case shall a child alleged to be in conflict with law be placed in a police lock-up or lodged in a jail.
Any person in whose charge a child in conflict with law is placed shall, while the order is in force, have responsibility for the child as a child’s parent or any other fit person.
When a person who is apparently a child is alleged to have committed a bailable or non-bailable offence and is apprehended or detained by the police, or appears or is brought before the Juvenile Justice Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law, be released on bail with or without surety or placed under the supervision of a Probation Officer or the care of any fit person.
Where a child is unable to fulfil the conditions of a bail order within seven days, the child shall be produced before the Board for modification of the conditions of bail. Where a child is not released on bail by the Board, it shall make an order sending the child to an observation home or a place of safety for such period during the pendency of the inquiry as may be specified in the order.
Where a child alleged to be in conflict with law is apprehended, the Probation Officer, or where no Probation Officer is available, a Child Welfare Officer, shall prepare and submit within two weeks to the Board a social investigation report containing information regarding the antecedents and family background of the child.
Inquiry by the Juvenile Justice Board
Where a child alleged to be in conflict with law is produced before the Board, the Board shall hold an inquiry and complete it within four months from the date of first production of the child before the Board, unless the period is extended by a maximum of two more months by the Board, having regard to the circumstances of the case and after recording the reasons in writing.
The Board may pass such orders in relation to the child as it deems fit under Sections 17 and 18 of the Act.
The proceedings shall be conducted in as simple a manner as possible and care shall be taken to ensure that the child is given a child-friendly atmosphere. Every child brought before the Board shall be given the opportunity of being heard and participating in the inquiry.
Petty offences, where the maximum punishment is imprisonment up to three years, are to be disposed of by the Board through summary proceedings under the Code of Criminal Procedure, 1973.
Serious offences, where the punishment is imprisonment between three to seven years, are to be disposed of by following the procedure for trial in summons cases under the Code of Criminal Procedure, 1973.
Heinous offences, where the minimum punishment is imprisonment for seven years or more, are subject to special treatment. For a child below 16 years on the date of commission, the matter is to be disposed of by the Board as for trial in a summons case. For a child above 16 years on the date of commission, the matter is to be tried in the special manner laid down under Section 15.
Ultimately, the Act provides that children in the age group of 16 to 18 may be tried as adults if accused of rape or murder (heinous crimes), but are not to be sentenced to death or life imprisonment.