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Complete Polity Notes for

Juvenile Justice Act
UPSC Exam!
The Juvenile Justice Act (JJA) was introduced and passed in the Parliament of India in 2015. This act seeks to
achieve the objectives of the United Nations Convention on the Rights of Children as ratified by India in 1992.
As per the Juvenile Justice (Care and Protection of Children) act,2015, a "Juvenile" is any child who has not attained
the age of eighteen. Recently, in 2021 the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021
was passed by the Parliament of India with some changes related to adoption.
The topic of the Juvenile Justice Act is an important topic under the polity syllabus. This article on this topic will
help you to prepare for the Prelims and the Mains stage of the UPSC IAS Exam.
This article on the testbook will discuss in a detailed way about the Highlights, Background, Latest Amendments,
Key Features, and more related to the Juvenile Justice act.

Juvenile Justice Act

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.

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:

Important Highlights Of the Juvenile Justice Act

Name of the act The Juvenile Justice (Care and Protection Of Children)
Act

Date of passing 12 August 2014

Date of enactment 15 January 2016

Nodal Ministry Ministry of Women and Child Development

Objective 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.
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Minister of women and Mrs. Smriti Zubin Irani (As of July,2022)

Child Development

Background Of Juvenile Justice Act

• 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 the prison.

• The Reformatory Schools Act, 1876 was the second law that dealt with juvenile offenders.

• Post - Independence in 1960, the Children Act was passed for providing the care, maintenance, protection,
welfare, education, training, trial, and rehabilitation of abused and neglected children.

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

• 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.

• Finally, the Juvenile Justice (Care and Protection of Children) Act, 2015 replaced the Juvenile Justice (Care
and Protection of Children) Act, 2000.

United Nations Convention on the Rights of the Child

• It is a human rights agreement adopted by the United Nations in 1989 and it establishes children's
political, civil, economic, social, cultural, and health rights.
• It was entered into force in the year 1990. Now, It has received the most ratifications of any
human rights treaty in world history.
• The Government of India ratified the convention on 11 December 1992.
• Core principles of United Nations Convention on the Rights of the Child -
o Right to Life, survival and development
o Non-discrimination
o Best interests of the child
o Respect for the child’s views

Latest Changes under the JJ 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

• According to the amendment act, if a child is charged with a serious offence, the Juvenile Justice Board
will conduct an investigation.
• 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.

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• 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.

Indian Penal Code (IPC)

• IPC is the official criminal code of India which came into force in 1862.

• IPC was prepared and drafted by the First Law Commission which was chaired by Thomas
Babington Macaulay.

• IPC covers all the aspects of criminal law in India.

• IPC is subdivided into 23 chapters and 511 sections.

Classification of offences

• According to the amendment, offences punishable with imprisonment of more than 7 years shall be of
cognizable and non-bailable nature
• Also, offences punishable with imprisonment between three and seven years shall be of non-cognizable and
non-bailable nature.
• Offences that are punishable with imprisonment less than three years shall be of non-cognizable
and bailable nature.

What are Cognizable and Non-Cognizable Offences?

• 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.
• Some of the examples of cognizable offences are Rape, Murder etc. whereas, in the case of a
non-cognizable offence like assaulting, cheating etc., the police are prohibited from detaining the
suspect without a warrant and from opening an inquiry without the magistrate’s approval.

What are Bailable and Non-Bailable Offences?

• 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.
• Some examples of bailable offences are rioting, bribery etc. whereas non-bailable offences are
serious offences like murder, rape etc. where bail is a privilege and only the courts of law can
grant it.

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Designated Courts
• 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).

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

Child Welfare Committees (CWCs)

• According to the Act, each district shall establish one or more CWCs to deal with children who need care
and protection.
• 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 a convict 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 Is part of the management division of any childcare institution in any district.

Additional Functions of the District Magistrate (DM)

• Supervising the District Child Protection Unit (DCPU)
• Conducting a quarterly review of the functioning of the Child Welfare Committee (CWCs)

Removal of Members
• 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?
• A "Juvenile" is any child who has not attained the age of eighteen.

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

Check out the important notes of Indian polity for UPSC exams.

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Juvenile Justice Act 2015: Key Features

The Juvenile Justice Act, 2015 made significant changes to reform the existing laws based on the requirements of
the present-day society and to make the juvenile justice system more robust and accountable to society. The key
features of the act are discussed below:
• The Juvenile Justice Act of 2015 replaced the Juvenile Justice (Care and Protection of Children) Act, of
2000.
• This act defines the terms of orphaned, surrendered, and abandoned children.
• In this act the roles and authority of the Juvenile Justice Board and the Child Welfare Commission are made
clearer.
o Juvenile Justice Board - This is a judiciary body that acts as a separate court for juveniles who
are detained or accused of a crime. The Juvenile Justice Board Board consists of a judicial
magistrate of the first class along with two social workers(one of whom at least should be a woman).
o Child Welfare Committee (CWC) - CWCs are established in the districts by the State
Governments in compliance with the provisions of the Juvenile Justice Act 2015. These committees
have the authority to make decisions regarding issues involving the care, protection, treatment,
development, and rehabilitation of children who require care and protection, as well as the
provision of their basic necessities and safety.
• Under this act, it is mandatory for all child care facilities to have a registration.
• This act mandates that in the case of grave offenses, juveniles between the ages of 16 and 18 shall be treated
as adults.
• This act distinguishes clearly between children in ‘conflict with the law’ and ‘children in need of
care and protection.
• Under this act, the Central Adoption Resource Authority (CARA) is given statutory powers.

Central Adoption Resource Authority (CARA)

• CARA is a statutory body that works under the Ministry of Women and Child Development, Government
of India.
• It was founded in the year 1990 and got statutory status under Juvenile Justice Act, 2015.
• CARA manages the adoption of orphaned, surrendered, and abandoned children by regulating inter-country
and in-country adoptions.

Read more about the various Statutory Bodies. Read it here.

What is Section 26 & Section 77 of the Juvenile Justice Act?

• Section 26 of the Juvenile Justice Act deals with the provision with respect to runaway children in conflict
with the law. According to this section, a child in conflict with the law who has escaped from a special
home, an observation home, a location of safety, or from the care of a person or institution under whom the
child was placed may be taken into custody by any police officer.

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• Section 77 of the Juvenile Justice Act deals with the provision related to the penalty for giving intoxicating
liquor or narcotic drug or psychotropic substance to a child.
• According to this section, Anyone who gives, any intoxicating liquor, any narcotic drug, tobacco products,
or psychotropic substance to any child, except on the order of a duly qualified medical practitioner, is
subject to strict prison terms that may last up to seven years and fines that may reach one lakh rupees.

Juvenile Justice Act 2015: Pros & Cons

The Juvenile Justice act of 2015 replaced many outdated provisions and added provisions that are in compliance
with the modern present-day society. Let us understand the consequences of the Juvenile Justice Act 2015 through
the pros and cons of the act -

Pros of JJA Act 2015

• Effectiveness - This act ensures that Child Welfare Committee (CWC) operates effectively.

• Lessen the number of crimes - It tries to lessen the number of crimes committed by 16 to 18-year-old
juveniles.

• Fair Justice - The victims will receive fair justice, and children's rights will be protected.

• Transparency - Under this act, it is mandatory for all childcare facilities to have a registration. It enables
transparency in operation.

• Protection - Children are protected from the crimes which are committed against them.

Cons Of JJA Act 2015

• Vulnerability - This law can have a negative impact on juvenile offenders. According to psychiatric
research, adolescent crimes actually peak between the age of 16 and 18 because of physical and hormonal
changes. Professional criminals try to come into contact with youngsters and influence them if they were
treated as criminals and imprisoned.
• Violation of Article 14 - Some lawmakers claim that Article 14 of the Constitution, which gives every
citizen the right to equality, is violated when children between the ages of 16 and 18 are treated differently.
• Inadequate NCRB Data - Child activists have questioned the validity of statistics of the National Crime
Records Bureau (NCRB). The argument to include 16 – 18-year-old minors in a special bracket was based
on the data from NCRB.
• No Proper Psychological Assessment - There is no proper procedure for psychological assessment to
understand whether the minor can be treated as an adult or not.

Importance of Juvenile Justice

• 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.
• Juvenile justice system is very important because it gives young offenders who are less than 18 years a
second opportunity at life and gives them a better future.
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• 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.

Also, check the Related articles for UPSC Preparation in the table below:
Child Marriage Restraint Act National Commission For Protection Of Child
1929 Rights Human Rights
National Human Rights
Problem Of Child Labour In India Integrated Child Development Services Commission

Criticism of Juvenile Justice Act 2015

• 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.
• 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 law allows for the treatment
of 16 to 18-year-olds as adults.
• 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
• 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 a normal life, in addition
to addressing procedural loopholes and ensuring rapid delivery of justice.
• 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.
• District Administration should work closely with all five arms—the CWC, Juvenile Justice Board,
Child care Institutions (CCI), district child protection units, and special juvenile police units—to
ensure the children's safety.

Check the Article Social Justice Notes here!

Quotes related to Children

“There can be no more intense discovery of a society’s spirit than how it treats its youngsters.” - Nelson Mandela

“Let us sacrifice our today so that our children can have a better tomorrow.” - A. P. J. Abdul Kalam

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Conclusion
In response to the drawbacks of child protection, the Juvenile Justice (Care and Protection) Act of 2015 was passed.
However, a similar situation still exists as a result of a lack of responsibility, dedication, coordination between
various Child Protection partners, and competent and sane social work professionals in the use of Integrated child
protection schemes from the state level to the local level.
A single institution should be in charge of child protection, and it should have a strong, suitable, and effective
hierarchical structure that extends all the way down to the village level.

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