Juvenile Justice (Care and Protection of Children) Act 2015

February 4, 2016 February 4, 2016

The Juvenile Justice (Care and Protection of Children) Act 2015 has come into force on January 15, 2016. It replaces the Juvenile Justice Act, 2000.

Background

The first proper intervention by the government of India in justice for children was via the National Children’s Act, 1960. This act was replaced later with Juvenile Justice Act, 1986. In 1992, India ratified the United Nations Convention on the Rights of the Child (UNCRC). To adapt to the standards of the convention, the 1986 act was repealed and the JJ Act, 2000 was passed. The JJ Act 2000 dealt with two categories of children viz. ‘child in conflict with law’ and ‘child in need of care and protection’. As per JJ Act, 2000, a juvenile is a person who is below 18 years of age. This act has a provision that a child in conflict with law cannot be treated as an adult. If a child is convicted for any offence, he may spend a maximum of three years in institutional care. This act empowered the Child Welfare Committees (CWCs) to deal with child in need of care and protection. Juvenile Justice Boards (JJB) were empowered to deal with child in conflict with law.

Need for the amendment of the JJ Act 2000

The National Crime Records Bureau (NCRB) data shows that there has been an increase of offences committed by juveniles, especially in the age group of 16-18. One of the perpetrators in the Delhi gang rape of 2012 was few months short of 18 years age and he was tried as juvenile. He was sent to reformation home for three years and was released in December 2015. This had raised the public demand for lowering the age of juveniles under the act. The 2000 act was also facing implementation issues particularly in cases of adoption.

Salient Features of the Juvenile Justice Act 2015

The JJ Act 2015 also deals with both categories of children.

Children in conflict with law

It treats all the children below 18 years equally, except that those in the age group of 16-18 can be tried as adults if they commit a heinous crime.
A child of 16-18 years age, who commits a lesser offence (a serious offence), may be tried as an adult if he is apprehended after the age of 21 years.
A heinous offence attracts a minimum seven years of imprisonment. A serious offence attracts three to seven years of imprisonment and a petty offence is treated with a three year imprisonment.
No child can be awarded the death penalty or life imprisonment.
It mandates setting up of Juvenile Justice Boards (JJBs) in each district with a metropolitan magistrate and two social workers, including a woman. The JJBs will conduct a preliminary inquiry of a crime committed by a child within a specified time period and decides whether he should be sent to rehabilitation centre or sent to a children’s court to be tried as an adult. The board can take the help of psychologists and psycho-social workers and other experts to take the decision.
A Children’s court is a special court set up under the Commissions for Protection of Child Rights Act, 2005, or a special court under the Protection of Children from Sexual Offences Act, 2012. In absence of such courts, a juvenile can be tried in a sessions court that has jurisdiction to try offences under the Act.

Children in need for care and protection

Child Welfare Committees (CWCs) should be set up in each district with a chairperson and four other members who have experience in dealing with children. One of the four members must be a woman. The committee decides whether an abandoned child should be sent to care home or put up for adoption or foster care.

Other Salient Provisions

The Central Adoption Resource Agency will frame rules and regulations for adoption of orphaned children. Inter-country adoption is allowed when no Indian adoptive parents are available within 30 days of child being declared free for adoption.
Adoptive parents should be financially and physically sound. A single or divorced person may adopt a child. A single male may not adopt a girl child. Disabled children will be given priority for adoption.
Children in need of care and protection can allowed to be placed in foster care based on the orders of the CWC. The selection of the foster family is based on the family’s ability, intent, capacity and prior experience of taking care of children.
Buying and selling of a child attracts imprisonment up to five years. Giving an intoxicating or narcotic substance to a child attracts imprisonment up to seven years.
Institutions for child-care must be registered. Corporal punishment of children in child-care institutions is also punishable.
Non-disclosure of identity of juvenile offenders by media.

Summary of Provisions

The JJ Act 2000 empowers the Juvenile Justice Board, which has psychologists and sociologists on board, to decide if a juvenile criminal in the age group of 16–18 should tried as an adult or not.
It has also tried to make the adoption process of orphaned, abandoned and surrendered children more streamlined while adopting some of the concepts from the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption.
Further, the act has introduced foster care in India under section 44. As per this, the families would sign up and the abandoned, orphaned children or those in conflict with the law would be sent to them.
Such families will be monitored and shall receive financial aid from the state.
The law has also made provision that while adopting child, priority is given to disabled children and physically and financially incapable children.
The parents who are giving up their child for adoption get 3 months to reconsider their decision {It was earlier 1 month}.
The law mandates that any person giving alcohol or drugs to child would be punished with 7 years imprison or Rs. 1 Lakh fine or both. A person selling a child would be imprisoned for five years or Rs. 1 lakh fine or both.