Juvenile Justice Act, 2015

The Juvenile Justice Act of 2015 is a law in India that deals with the care and protection of
children. It was enacted in 2015 and replaced the previous Juvenile Justice Act, 1986. The Act
defines a child as a person who is below the age of 18 years. It also defines different categories
of children. This includes children in need of care and protection, children in conflict with the
law, and children in institutional care.

About Juvenile Justice (Care and Protection of Children) Act 2015

The Juvenile Justice Care and Protection of Children Act 2015 is an act to strengthen and
amend the law relating to children who are alleged to be in conflict with the law and children
who are in need of care and protection by meeting their basic needs through adequate care,
protection, development, treatment, along with social reintegration, by adopting and
implementing a child-friendly approach in the arbitration and disposal of matters and cases in
the finest interest of children and for the rehabilitation of children.

Definition of Juvenile According to Juvenile Justice Act 2015

According to the Juvenile Justice (Care and Protection of Children) Act, 2015, a juvenile is
defined as a person who has not attained the age of eighteen years.

The Act also defines a child in conflict with the law as a juvenile who is alleged to have
committed an offence or has been found guilty of committing an offence.

Highlights Of the Juvenile Justice Act

The important highlights of the Juvenile justice act, which will be important for your
examination, are discussed in the following table below:

Background Of Juvenile Justice Act

o In India, the first law to address children in conflict with the law was the Apprentices
Act of 1850. This act provides courts with the option of treating children and youth who
had committed offenses as apprentices rather than locking them up in prison.

o The Reformatory Schools Act of 1876 was the second law that dealt with juvenile
offenders.
 o Post-Independence in 1960, the Children Act was passed to provide the care,
maintenance, protection, welfare, education, training, trial, and rehabilitation of abused
and neglected children.

o In 1986, The Juvenile Justice Act 1986 was passed, which established a single set of
rules for the entire nation.

o As a result of India’s ratification of the United Nations Convention on the Rights of the
Child, which made it necessary to have a law that complied with the Convention’s
requirements, the JJA of 1986 was repealed in 2000.

o Finally, the Juvenile Justice Care and Protection of Children Act 2015 replaced the
Juvenile Justice Care and Protection of Children Act 2000.

Salient Features of the Juvenile Justice Act 2015

Here are the key features of the Juvenile Justice Act 2015:

o Redefines a juvenile as a person below 18 years of age, in congruence with CRC. The
earlier law defined a juvenile as a person below 16 years.

o Provides for offender and victim rehabilitation through individual care and
reintegration. It aims for correction, not mere punishment of juvenile offenders.

o Mandates setting up of Child Welfare Committees for producing of children before it

within 24 hours of apprehension.

o Provides for setting up of Juvenile Justice Boards. This focuses on speedy trial and
individual care and rehabilitation of juvenile offenders.

o Includes provision for adoption of children, both in and out of marriage. It regulates
inter-country adoptions.

o Stipulates setting up of Special Homes for rehabilitation of juvenile offenders between

16-18 years of age.

o Specifies 14 fast-track courts for expeditious disposal of cases related to children. This
includes cases of missing children and child victims of abuse.

o Includes provision for a Central Adoption Resource Authority. This works to issue a
no-objection certificate for inter-country adoption.
 o For every district, at least one institution is to be set up for giving "shelter care" to
juveniles in crisis.

o Lays down stricter punishments for offences against children. This includes child
labour, using children for begging, and sexual offences against children.

Central Adoption Resource Authority (CARA)

o CARA is a statutory body that works under the Ministry of Women and Child Development,
Government of India.

o It was founded in the year 1990 and got statutory status under the Juvenile Justice Act of
2015.

o CARA manages the adoption of orphaned, surrendered, and abandoned children by

regulating inter-country and in-country adoptions.

Pros And Cons of Juvenile Justice Act 2015

Here are some of the pros and cons of the Juvenile Justice Act 2015:

Pros of JJA Act 2015

o The Act provides for a separate system of juvenile justice that is different from the adult
criminal justice system. This means that children in conflict with the law are not treated
as criminals. They are treated as children who need care and protection.

o The Act provides many safeguards for children. These safeguards ensure that children
are not discriminated against and that their rights are protected. These safeguards
include the following:

o the right to a fair trial,

o the right to be treated with dignity and respect, and

o the right to be protected from harm.

o The Act provides many rehabilitation services for children in conflict with the law. This
includes education, vocational training, and counselling. These services help children
reintegrate into society.
 o The Act also provides many care and protection services for children in need of care
and protection. This might include foster care, adoption, and residential care.

o These services provide children with a safe and nurturing environment where
they can grow and develop.

Cons Of JJA Act 2015

o Some people have argued that the Act does not go far enough in protecting the rights of
children in conflict with the law. They argue that the Act should not allow children to
be tried as adults, even in cases of serious crimes.

o Others have argued that the Act is too lenient on children in conflict with the law. They
argue that the Act should provide harsher punishments for children who commit serious
crimes.

o There are also concerns about the implementation of the Act. Some people argue that
the government has not provided the necessary resources to implement the Act
effectively.

Latest Changes under the JJA Amendment Act, 2021

Recently, the Juvenile Justice amendment bill 2021 was passed by the parliament. Some of the
Important features of this amendment bill are discussed below:

Change in definition of Serious Offences

o According to the amendment act, if a child is charged with a serious offence, the
Juvenile Justice Board will investigate.

o Serious offences are those for which the punishment under the Indian Penal Code
(IPC) or any other law is imprisonment between three to seven years.

o According to the Amendment, major offences now also include those for which the
minimum sentence is either not specified or is less than seven years in prison, and the
maximum sentence is greater than seven years in prison.

Classification of Offences

o According to the amendment, offences punishable with imprisonment of more than

seven years shall be of cognizable and non-bailable nature.
 o Also, offences punishable with imprisonment between three and seven years shall be
of non-cognizable and non-bailable nature.

o Offences that are punishable with imprisonment of less than three years shall be of non-
cognizable and bailable nature.

Cognizable and Non-Cognizable Offences

o A cognizable offence is one that allows the police officer to detain the accused without
a warrant and open an inquiry without the magistrate’s approval.

o Some of the examples of cognizable offences are Rape, Murder, etc.

o In the case of a non-cognizable offence like assault, cheating, etc., the police are
prohibited from detaining the suspect without a warrant and from opening an inquiry
without the magistrate’s approval.

Bailable and Non-Bailable Offences

o A bailable offence is one that allows bail as a right, and the arrested accused person
must be released after depositing the bail with the police.

o Some examples of bailable offences are rioting, bribery, etc.

o Non-bailable offences are serious offences like murder, rape, etc., where bail is a
privilege and only the courts of law can grant it.

Designated Courts

o According to the act, cases involving crimes against children that carry a sentence of
more than seven years in prison will be heard in the Children’s Court (equivalent to a
Sessions Court).

o A judicial magistrate will preside over trials for other offences that carry sentences of
less than seven years in jail. The Bill modifies this to state that the Children’s Court
shall hear cases involving all Act violations.

Adoption Procedure

o In accordance with the Act, an adoption agency must file an application in a civil court
to acquire an adoption order as soon as potential adoptive parents accept a child.
 o The act states that the district magistrate (including extra district magistrates) will
perform these duties and issue all such orders in place of the court.

Appeals

o The Act provides that any person who is aggrieved by an adoption order passed by the
District Magistrate (DM) may file an appeal before the Divisional Commissioner within
30 days of such order.

o The appeals filed should be disposed of within four weeks from the date of filing of the
appeal.

Child Welfare Committees (CWCs)

o According to the Act, each district shall establish one or more CWCs to deal with
children who need care and protection.

o According to the act, a person will not be able to join the CWC if it has:

o Has any pending record of violation of human rights or child rights.

o Has been convicted of an offence that involves moral turpitude.

o Has been removed or dismissed from the service of the central government, or
any state government of the country, or any other government undertakings.

o It is part of the management division of any childcare institution in any district.

Additional Functions of the District Magistrate (DM)

o Supervising the District Child Protection Unit (DCPU)

o Conducting a quarterly review of the functioning of the Child Welfare Committee

(CWC)

Removal of Members

o If a member of the committee consistently misses three consecutive CWC meetings

without good cause or misses less than three-fourths of the meetings in a year, the state
government may terminate that person’s appointment after conducting an investigation.

Who is a Juvenile?
 o A “Juvenile” is any child who has not attained the age of eighteen.

o According to Indian laws, any child under the age of seven cannot be found guilty of a crime.

Importance of Juvenile Justice

o Children are viewed as the nation’s most valuable resource, as the future of the nation
lies in the hands of the Children. Minorities under the age of 18 who are accused of any
criminal act are typically processed through a juvenile justice system.

o The juvenile justice system is very important because it gives young offenders who are
less than 18 years old a second opportunity in life and gives them a better future.

o In addition to preserving public safety, the fundamental objectives of the juvenile justice
system include the successful reintegration of adolescents into society and the
development of skills, habilitation, and rehabilitation.

Criticism of Juvenile Justice Act 2015

o Less focus on the economic status of society – Children from economically

disadvantaged areas of society are more likely to commit crimes. The environment in
which children raised in slum areas are nurtured must be improved if juvenile
criminality is to be decreased.

o Violation of the UN Convention on the Rights of the Child in 1992 – Any person under
the age of 18 must be treated as a child, according to the UN Convention. However, In
India, the law allows for the treatment of 16 to 18-year-olds as adults.

o Directions of Magistrate: In accordance with the Code of Criminal Procedure (CrPC),

the police can only file an FIR under the directions of a magistrate, so the complainant
must first go to the relevant magistrate to begin the process.

Way Forward

o The procedure of reporting the complaint by the victims must be made easier and
accessible through concerned parents or some other independent civil society and non-
governmental organizations, who will provide the victim with the necessary support
and ensure that the child returns to normal life in addition to addressing procedural
loopholes and ensuring rapid delivery of justice.
o District magistrates usually lack the knowledge and resources necessary to comply with
these specific laws, so it is important to provide them with specialized training in child
protection laws.

o District Administration should work closely with all five arms the CWC, Juvenile
Justice Board, Childcare Institutions (CCI), district child protection units, and special
juvenile police units to ensure the children’s safety.