In order to achieve the objectives of the United Nations Convention on the Rights of the Child as ratified by India on 11 December 1992, the Juvenile Justice Act has been promulgated. The procedural guarantees applicable to children in conflict with the law are specified in this law. The current law addresses the problems of the existing law, such as delays in adoption processes, the high number of pending cases, the accountability of institutions, and so on.
The law also addresses the growing number of crimes committed by children aged 16 to 18 in recent years and by children in conflict with the law. Since January 15, 2016, the Juvenile Justice (Care and Protection of Children) Act, 2015 has come into force. It repeals the Juvenile Justice (Care and Protection of Children) Act, 2000.
If a child is found guilty of committing a crime, then the Juvenile justice board takes several measures regarding the minor’s reformation and they are as follows:
- Allow the child to return home after proper advice and caution regarding the crime that the child has committed and what is the punishment of that crime as per the provisions of law.
- Juvenile justice boards sometimes also instruct the children to engage in social work and social welfare so that this engagement can help in imparting good social values in the accused child.
- It also makes children busy in group counselling and group activities as much as possible so that the child can learn the value of working together and can learn how to cooperate with each other in a society.
- If the child has committed a grave crime then, in that case, the child can be sent to the reform house for a minimum of 3 years or it can be exceeded if required.
- Sometimes the Juvenile justice board releases the convicted child on trial if the child is seen to exhibit good conduct towards the society or an individual.
General Principles to be followed in Administration of Act
- Presumption of innocence
- Dignity and worth
- Best interest of the child
- Family responsibility
- Safety, Care and Protection
- Right to be heard
- Adopt positive measures for well being
- Non-stigmatizing semantics, decisions and actions
- Non-waiver of rights
- Equality and non-discrimination
- Right to privacy and confidentiality
- Institutionalization as last resort
- Repatriation and restoration
- Fresh start by erasing past records
- Natural Justicce
Who are the children to be protected under Juvenile Justice Act.
All vulnerable children :
- Children in need of Care and Protection
- Missing and run-away children
- Orphan, abandoned and neglect children
- Children and sex worker
- Abused, tortured and exploited children
- Children indulging in substance abuse
- Children affected by HIV/AIDS
- Children with disabilities
- Children suffering from terminal/incurable disease
- Children victim of armed conflict/civil commotion
- Natural calamity
- Any other
- Children in conflict with Law
Who is alleged or found to have commited an offence/victim of a crime.
- Children in contact found with Law
Those children vulnerable for induction into trafficking and drug abuse.
Committee, Board, SJPU,DCPU under Juvenile Justice Act.
- Children Welfare Committee (CWC)
- Juvenile Justice Board (JJB)
- Special Juvenile Police Unit (SJPU)
- District Child Protection Unit (DCPU)
- Odisha State Child Protection Society (OSCPS
- State Adoption Resource Agency (SARA)
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