The Juvenile Justice (Care and Protection of Children) Act, 2000 with recent Judgments and FAQ

Introduction

The Juvenile Justice (Care and Protection of Children) Act, 2000 is the primary legal framework for juvenile justice in India. The act provides for a special approach towards the prevention and treatment of juvenile delinquency and provides a framework for the protection, treatment and rehabilitation of children in the purview of the juvenile justice system. This law, brought in compliance of the 1989 UN Convention on the Rights of the Child (UNCRC), repealed the earlier Juvenile Justice Act of 1986 after India signed and ratified the UNCRC in 1992.

The act defines a “juvenile” or “child” as a person who has not completed 18 years of age. It also categorizes children into two groups: “juveniles in conflict with law” and “children in need of care and protection”. The act establishes various institutions and authorities for the implementation of its provisions, such as Juvenile Justice Boards, Child Welfare Committees, Observation Homes, Special Homes, Children’s Homes, Shelter Homes, etc. The act also lays down the principles and procedures for dealing with children in different situations and circumstances.

The act has been amended twice since its enactment. The first amendment was made in 2006 to bring it in conformity with the UNCRC and other international standards. The second amendment was made in 2015 to address the growing public concern over the involvement of juveniles in heinous crimes. The 2015 amendment introduced several changes, such as:

Allowing the Juvenile Justice Board to transfer cases of juveniles aged 16-18 years who are accused of heinous offences to a Children’s Court after conducting a preliminary assessment.

Empowering the Children’s Court to decide whether such juveniles should be tried as adults or as children.

Providing for mandatory registration of child care institutions and penalties for non-compliance.

Recognizing new categories of children in need of care and protection, such as orphaned, abandoned, surrendered, trafficked, mentally ill, etc.

Providing for adoption of children by persons irrespective of their marital status, religion, nationality, etc.

Creating a statutory body called the National Commission for Protection of Child Rights to monitor and review the implementation of the act.

Recent Judgments

The Supreme Court of India has delivered several landmark judgments on various aspects of juvenile justice and protection of children. Some of them are:

In Sheela Barse & Anr. v. Union of India & Ors, the court directed the State Legal Aid & Advice Boards to provide legal assistance to children below 16 years of age who are detained in prisons. It also directed the State Governments to report the number of children’s homes, remand homes and observation homes in their States and the number of inmates in each institution. It also emphasized the need to properly enforce the Children’s Acts enacted by different States.

In Pratap Singh v. State of Jharkhand & Anr, the court held that juvenility of a person in conflict with the law has to be reckoned from the date of the offence and not from the date on which cognizance was taken by the Magistrate. It also held that JJ Act is a beneficial legislation and a technical plea (like delay in making the claim of juvenility) would not disable a person from making a claim under the act.

In Hari Ram v. State of Rajasthan & Anr, the court held that the claim of juvenility can be raised even after the final disposal of a case. It can be taken up at any stage and any delay in making such a claim cannot be a ground for rejection of such claim. It also held that courts must not adopt a hyper-technical approach while dealing with the plea of juvenility.

In Jitendra Singh @ Babboo Singh & Anr. v. State of U.P, the court held that once a person is found to be juvenile on the date of commission of offence, he cannot be sentenced to imprisonment even if he attains majority during trial or appeal. It also held that such person can only be sent to a special home or fit institution for a maximum period of three years.

In Sampurna Behura v. Union of India & Ors, the court issued various directions to ensure effective implementation of JJ Act and ICPS (Integrated Child Protection Scheme). It directed all States and UTs to set up Juvenile Justice Boards, Child Welfare Committees, Special Juvenile Police Units, State Child Protection Units, etc. It also directed them to fill up vacancies in these bodies and institutions, provide adequate infrastructure and facilities, conduct regular inspections and audits, etc.

In Abuzar Hossain @ Gulam Hossain v. State of West Bengal, the court held that even if a juvenile is tried along with adult co-accused by a regular court, he cannot be sentenced to imprisonment or death. It also held that such juvenile can only be dealt with under the provisions of JJ Act and his case can be transferred to the Juvenile Justice Board at any stage.

In Anjum Abdul Razak Memon vs State of Maharashtra, the court held that a juvenile cannot be awarded life imprisonment without remission. It also held that such juvenile can only be kept in a special home for a maximum period of three years and thereafter he has to be released on probation or placed under the care of a fit person or fit institution.

In Salil Bali v. Union of India & Anr, the court upheld the constitutional validity of the 2015 amendment to JJ Act. It rejected the challenge to the provision of transferring cases of juveniles aged 16-18 years who are accused of heinous offences to a Children’s Court. It held that such provision is not violative of the right to equality, right to life and right against self-incrimination of such juveniles. It also held that such provision is in consonance with the UNCRC and other international instruments.

In Shabnam Hashmi v. Union of India & Ors, the court recognized the right of every child to be adopted and the right of every prospective parent to adopt a child irrespective of their religion, caste, creed, etc. It held that adoption is not merely a personal or religious matter but a socio-legal one. It also held that JJ Act provides a secular law for adoption of children and that all stakeholders must abide by it.

In Dr.Subramanian Swamy & Ors. v. Raju Thr. Member Juvenile Justice Board & Anr, the court dismissed a petition seeking a fresh interpretation of the term “juvenile” in JJ Act in the context of the Delhi gang rape case of 2012. It held that there is no need to re-examine the constitutional validity of JJ Act as it has already been upheld by the court in Salil Bali case. It also held that there is no scope for reading down the provisions of JJ Act or introducing any exception to it.

In Parag Bhati (Juvenile) through Legal Guardian - Smt. Rajni Bhati versus State of Uttar Pradesh & Anr, the court quashed an FIR registered against a juvenile for offences under Sections 66A and 67A of the Information Technology Act, 2000 and Sections 292 and 294 of IPC. It held that such FIR was in violation of Section 7A and Section 36 of JJ Act which prohibit registration of FIR against a juvenile and mandate inquiry by Juvenile Justice Board instead.

Conclusion

The Juvenile Justice (Care and Protection of Children) Act, 2000 is a progressive legislation that aims to protect the rights and interests of children in India. The act has been amended from time to time to keep pace with the changing socio-legal scenario and to address the emerging challenges and issues related to children. The Supreme Court of India has played a vital role in interpreting and enforcing the provisions of JJ Act and ensuring justice for children in various situations. The judgments delivered by the court have not only clarified the legal position but also highlighted the need for effective implementation of JJ Act and ICPS at all levels. The court has also emphasized the need for adopting a child-friendly approach and ensuring the best interest, welfare and rehabilitation of children in all matters concerning them.

 

Frequently asked questions with answers on the Juvenile Justice (Care and Protection of Children) Act, 2000:

Q: What is the main objective of JJ Act?

A: The main objective of JJ Act is to provide for the care, protection, development and rehabilitation of children who are in conflict with law or in need of care and protection. It also aims to ensure the best interest of the child, respect for his/her dignity and rights, and adherence to the principles of natural justice.

Q: What are the different categories of children under JJ Act?

A: JJ Act categorizes children into two groups: “juveniles in conflict with law” and “children in need of care and protection”. Juveniles in conflict with law are those who are alleged to have committed an offence. Children in need of care and protection are those who are found to be orphaned, abandoned, abused, neglected, exploited, trafficked, mentally ill, etc.

Q: What are the different types of institutions and authorities under JJ Act?

A: JJ Act establishes various institutions and authorities for the implementation of its provisions, such as:

Juvenile Justice Boards (JJBs): These are judicial bodies that deal with cases of juveniles in conflict with law. They consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class and two social workers. They conduct inquiries and dispose of cases in accordance with the principles and procedures laid down in JJ Act.

Child Welfare Committees (CWCs): These are quasi-judicial bodies that deal with cases of children in need of care and protection. They consist of a chairperson and four other members who are experts in child welfare. They conduct inquiries and dispose of cases in accordance with the principles and procedures laid down in JJ Act.

Observation Homes: These are places where juveniles in conflict with law are kept during the pendency of inquiry by JJBs. They provide basic facilities such as food, clothing, education, health care, etc. to the juveniles.

Special Homes: These are places where juveniles in conflict with law are sent by JJBs after inquiry for their rehabilitation. They provide facilities such as education, vocational training, counseling, etc. to the juveniles.

Children’s Homes: These are places where children in need of care and protection are kept during the pendency of inquiry by CWCs or after inquiry for their long-term care. They provide facilities such as education, health care, recreation, etc. to the children.

Shelter Homes: These are places where children in need of care and protection are kept for a short-term period not exceeding three months. They provide facilities such as food, clothing, medical aid, etc. to the children.

Special Juvenile Police Units (SJPUs): These are units of the police that deal exclusively with matters relating to children under JJ Act. They consist of a police officer not below the rank of Assistant Commissioner and two social workers. They coordinate with JJBs, CWCs and other agencies for the prevention and detection of offences against children.

State Child Protection Units (SCPU): These are units established by the State Governments to coordinate and monitor the implementation of JJ Act and ICPS (Integrated Child Protection Scheme) at the State level. They consist of a Director and other officers and staff as prescribed by the State Government.

District Child Protection Units (DCPU): These are units established by the State Governments to coordinate and monitor the implementation of JJ Act and ICPS at the district level. They consist of a District Child Protection Officer and other officers and staff as prescribed by the State Government.

Q: What is the procedure for dealing with juveniles in conflict with law under JJ Act?

A: The procedure for dealing with juveniles in conflict with law under JJ Act is as follows:

When a juvenile is apprehended by the police or any other person for an alleged offence, he/she is produced before a JJB within 24 hours (excluding journey time).

The JJB conducts a preliminary assessment to determine whether the juvenile is involved in a petty offence (punishable with imprisonment up to three years), a serious offence (punishable with imprisonment between three to seven years), or a heinous offence (punishable with imprisonment for seven years or more).

If the juvenile is involved in a petty offence or a serious offence, the JJB conducts an inquiry and passes an order for his/her rehabilitation. The order may include sending him/her to an observation home or a special home for a maximum period of three years, releasing him/her on probation or under supervision, directing him/her to participate in group counseling or community service, etc.

If the juvenile is involved in a heinous offence and he/she is aged 16-18 years, the JJB conducts a preliminary assessment to determine whether he/she has physical and mental capacity to commit such offence, whether he/she has ability to understand its consequences, and whether the circumstances warrant that he/she be tried as an adult or as a child. Based on the assessment, the JJB may transfer the case to a Children’s Court or retain it with itself.

If the case is transferred to a Children’s Court, the court conducts a trial and passes an order for his/her rehabilitation. The order may include sending him/her to a place of safety till he/she attains the age of 21 years, releasing him/her on probation or under supervision, directing him/her to participate in group counseling or community service, etc. After he/she attains the age of 21 years, the court may decide whether he/she needs to be released or transferred to a jail.

If the case is retained by the JJB, the JJB conducts an inquiry and passes an order for his/her rehabilitation as mentioned above.

Q: What is the procedure for dealing with children in need of care and protection under JJ Act?

A: The procedure for dealing with children in need of care and protection under JJ Act is as follows:

When a child is found to be in need of care and protection by any person or agency, he/she is produced before a CWC within 24 hours (excluding journey time).

The CWC conducts an inquiry and passes an order for his/her care and protection. The order may include sending him/her to a children’s home or a shelter home, declaring him/her legally free for adoption, placing him/her under foster care or sponsorship, restoring him/her to his/her family or guardian, etc.

The CWC also ensures that the child receives necessary services such as education, health care, counseling, legal aid, etc. during the pendency of inquiry or after inquiry.

Q: What are the rights and duties of children under JJ Act?

A: The rights and duties of children under JJ Act are as follows:

Every child has a right to be treated with dignity and respect, to be heard and participate in decisions affecting him/her, to be informed of his/her rights and entitlements, to be provided with adequate care and protection, to be rehabilitated and reintegrated into society, etc.

Every child has a duty to abide by the law, to respect the rights of others, to cooperate with the authorities and agencies working for his/her welfare, to follow the orders and directions given by JJBs, CWCs and other competent authorities, etc.

I hope this helps you 😊