INDIRA GANDHI NATIONAL TRIBAL UNIVERSITY,

AMARKANTAK VILLAGE- LALPUR,

DISTRICT- ANUPPUR (MP)
2020- 22

Assignment -2
Topic: The Juvenile Justice (Care and Protection of Children) Act
Date: 29/07/2021

Submitted to,
Dr. Naagalingam M
Asst, Prof. Dept. of Social Work,
IGNTU Amarkantak
Submitted by:
Justin Jacob
1st MSW
IGNTU Amarkantak
Introduction

Children are the pillars of every progressive society and are considered to be the future
builders of the modern world, henceforth are the supreme assets of any country and therefore
every effort should be made to overcome the problem of juvenile delinquency generated with
the advent of modernization and urbanization. Today crimes by children or in other words
crimes by juveniles is not only unbridled but is exhibiting a very brutal color of mind set of
these young offenders. The problem of juvenile delinquency is undoubtedly tragic to human
interest as it is not only confined to our country but also cuts across national boundaries.
Juvenile delinquency laws are inadequate to the extent of determining the age of juvenile
when the offence is committed. The concept of juvenile delinquency to widen its limits has
drawn adverse criticism on the ground that it is neither necessary nor desirable to use police
and courts in private matters which can be well tackled by family themselves. All nations
whether it be developed or under-developed desires their youth to refrain from any kind of
criminal or anti-social or terrorist activities and therefore, these nations are constantly
defining and re-defining their local laws which can ameliorate the future of juveniles.
Juveniles are future of tomorrow and the need of the hour is to save our future generations
from going astray. With change in time and nations on the road to development, there is a
drastic change in the offences committed by juveniles, what to say, from theft to dacoity,
murders, rapes, hacking, cyber-crimes, terrorism and many other un-imaginable activities.
The purpose behind any juvenile law is not to punish a juvenile but is to safeguard him
against the evils of crime society. Another aspect of Juvenile law is to reform and rehabilitate
juveniles so as to evolve themselves as crime-free human beings. Also, through punitive
measures, to act as a deterrent to habitual young offenders.

Historical Background

The first legislation concerning juveniles was the Apprentice Act, 1850 which provided that
children in the age group of 10- 18 years convicted by courts to be provided with some
vocational training which might help in their rehabilitation and reformation. It was followed
by Reformatory Schools Act, 1897. The Indian Jail Committee (1919-1920) brought forth the
vital need for square trial and treatment of young offenders. Its recommendations prompted
the enactment of the Children Act in Madras in 1920. This was followed by Bengal and
Bombay Acts in 1922 and 1924 respectively. The three pioneer statutes (i.e. Acts concerning
Madras, Bengal and Bombay) were extensively amended between 1948 and 1959.
Thereafter, the Central enactment, The Children Act, 1960 was passed to cater to the needs of
the Union Territories. To remove some inherent lacunas in the above mentioned Act, The
Children (Amendment) Act was passed in 1978. But the need of a uniform legislation
regarding juvenile justice for the whole country had been expressed in forums, including
Parliament but it could not be enacted on the ground that the subject matter of such a
legislation fell in the State List of the Indian Constitution. To bring the operations of the
juvenile justice system in the country in conformity with the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (Beijing Rules, 1985), Parliament
seems to have exercised its power under Article 253 of the Constitution read with Entry 14 of
the Union List to make laws for the whole of India to fulfill International obligations. On
22nd August, 1986, the Juvenile Justice Bill, 1986 was introduced in the Lok Sabha.

Its objects and scope were straight and clear that a review of the working of the existing
Children Acts would indicate that much greater attention is required to be given to children
who are found in situations of social ill-treatment, destitution or neglect. The justice system
available for adults was not considered appropriate to be applied to juveniles. It was felt that
a uniform juvenile justice system should be adopted which could provide for adequate
provisions in the changing social, cultural and economic scenario of the country.

The provisions contained in the Juvenile Justice Act, 1986 replaced the corresponding laws
on the subject such as Children Act, 1960 and other State enactments on the subject.

As per The Juvenile Justice Act, 1986, the age for a female to be treated as juvenile was 18
years and that of a male was 16 years. Also, apart from the need for a uniform Act regarding
children, the Juvenile Justice Act, 1986.

Though, The Juvenile Justice Act, 1986 came into existence but still there existed loopholes
and lacunas and as expected the Act of 1986 could not pass the test of time and had to make
way for a new Act that is The Juvenile Justice (Care and Protection of Children) Act, 2000.
Under this Act the age was made uniform for both Male and Female. This Act provided for a
special approach towards the prevention and treatment of juvenile delinquency and provided
a framework for the protection, treatment and rehabilitation of children in the purview of the
juvenile justice system. This law was brought in compliance to the 1989 United Nations
Convention on the Rights of the Child (UNCRC), repealing the earlier Juvenile Justice Act of
1986 after India signed and ratified the UNCRC in 1992.
The Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 came into
force on 22nd August 2006. This amendment provided a hope to those juveniles who were
more than 16 years of age when the alleged crime had taken place and the old Act i.e. The
Juvenile Justice Act, 1986 was in operation. When, The Juvenile Justice (Care and Protection
of Children) Act, 2000 came, the age was increased to 18 years from 16 years pending trial.
Therefore, this anomaly was removed by way of insertion of a special explanation in Section
20 of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006. However,
this provision of law happened to be misused by juveniles in their favour and the country
witnessed nation wide heinous crimes committed by juveniles. The offenders in a way
understood the shield provided by the amended Act. The Constitution of India recognizes
special status of children through Articles 15(3), 21A, 24, 39(e), 39(f) and 45.

Objectives of the Act

Former Chief Justice of India, Justice V.K. Krishna Iyer once stated that we need a penal
code because the child is the father of a man and if we're neglecting the underdevelopment in
children, then we would be guilty of many faults and errors related to abandoning our
children. The following are the objectives of the Juvenile Justice (Care and Protection of
Children) Act, 2015

• To lay down the basic principles for administering justice to a juvenile or the child in the
Act, To make the juvenile justice system meare for a juvenile or the child more appreciative
of the developmental needs in comparison to the criminal justice system as applicable to
adults.

• To bring the juvenile law in conformity with the United Convention on the Rights of the
Child

• To prescribe a uniform age of eighteen years for both boys and girls

• To ensure speedy disposal of cases as emhrined under Article 21 of the Constitution of

India by the authorities envisaged under this Act regarding juvenile or the child within a time
limit of four months

• To spell out the role of the State as a facilitator rather than doer by involving voluntary
organizations and local bodies in the implementation of the proposed legislation.

• To create special juvenile police units with a humane approach through sensitization and
training of police personnel.
• To enable increased accessibility to juvenile or the child by establishing Juvenile Justice
Boards and Child Welfare Committees and Homes in each district or group of districts.

• To minimize the stigma and in keeping with the developmental needs of the juvenile or the
child, to separate the Act into two parts-one for juveniles in conflict with the law and the
other s c for the juvenile or the child in need of care and protection.

• To provide for effective provisions and various alternatives for rehabilitation and social
reintegration such as adoption, foster care, sponsorship, and aftercare of abandoned, destitute,
neglected, and delinquent juvenile and child.

• To allow juveniles between the age group of 16-18 years to be tried as adults for beinous
offenses

The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021

The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 was introduced
in Lok Sabha by the Minister of Women and Child Development, Ms. Smriti Zubin Irani on
March 15, 2021. The Bill amends the Juvenile Justice (Care and Protection of Children) Act,
2015. The Act contains provisions related to children in conflict with law and children in
need of care and protection. The Bill seeks to introduce measures for strengthening the child
protection setup.

The Act provides that the Juvenile Justice Board will inquire about a child who is accused of
a serious offence. Serious offences are those for which the punishment is imprisonment
between three to seven years. The Bill adds that serious offences will also include offences
for which maximum punishment is imprisonment of more than seven years, and minimum
punishment is not prescribed or is of less than seven years. The Act provides that an offence
which is punishable with imprisonment between three to seven years will be cognizable
(where arrest is allowed without warrant) and non-bailable. The Bill amends this to provide
that such offences will be non-cognizable.

The Act prescribes the procedure for the adoption of children by prospective adoptive parents
from India and abroad. On the acceptance of the child by prospective adoptive parents, a
specialised adoption agency applies to a civil court to obtain the adoption order. The adoption
order issued by the court establishes that the child belongs to the adoptive parents. The Bill
provides that instead of the court, the District Magistrate (including Additional District
Magistrate) will issue such adoption orders. As per the Act, in cases where a person living
abroad intends to adopt a child from his relative in India, he is required to obtain an adoption
order from the court. The Bill amends this to empower the District Magistrate instead, to
issue such adoption orders.

The Bill provides that any person aggrieved by an adoption order passed by the District
Magistrate may file an appeal before the Divisional Commissioner, within 30 days from the
date of passage of such order. Such appeals should be disposed within four weeks from the
date of filing of the appeal. The Act provides that there will be no appeal for any order made
by a Child Welfare Committee finding that a person is not a child in need of care and
protection.The Bill removes this provision.

Additional functions of the District Magistrate: These include: (i) supervising the District
Child Protection Unit, and (ii) conducting a quarterly review of the functioning of the Child
Welfare Committee.

Designated Court: The Act provides that an offence against children under the Act,
punishable with imprisonment of a term more than seven years, will be tried in the children’s
court. Other offences (punishable with imprisonment less than seven years) will be tried by
any Judicial Magistrate. The Bill proposes that all offences under the Act be tried in
children’s court.

Child Welfare Committees (CWCs): The Act provides that states constitute one or more
CWCs for each district for dealing with children in need of care and protection. It provides
certain criteria for the appointment of members to CWC. For instance, an appointee should
be: (i) involved in health, education, or welfare of children for at least seven years, or (ii) a
practising professional with a degree in child psychology, psychiatry, law, or social work.

The Bill specifies certain additional criteria for the appointment of CWC members. It
provides that a person will not eligible to be a member of the CWC if he: (i) has any record of
violation of human rights or child rights, (ii) has been convicted of an offence involving
moral turpitude, and such conviction has not been reversed, (iii) has been removed or
dismissed from service of the central government, or any state government, or an undertaking
owned by the government, or (iv) is part of the management of a child care institution in a
district.
Critical Analysis
The unfortunate and barbaric gang rape incident of Delhi (Nirbhaya case of 16th December,
2012) which shook the entire nation brought forth the existing lacuna in the present juvenile
law. It was due to this incident the existing juvenile law suffered a nationwide criticism
owing to its helplessness against crimes where juveniles especially between the age group of
16-18 years, get involved in heinous crimes like rape and murder. Following the sequence of
events due to Nirbhayas case, an urgent need for a change in the present law was felt where
16 years or 17 years old were intended to be tried as adults. In 2015, responding to the public
sentiment, Juvenile Justice (Care and Protection of Children) Act, 2015 was passed by
Parliament of India amidst intense controversy, debate and protest on many of its provisions
by Child Rights fraternity. It replaced the Indian Juvenile delinquency law, Juvenile Justice
(Care and Protection of Children) Act, 2000, and allowed juveniles in conflict with law in the
age group of 16-18 years, involved in heinous offences, to be tried as adults. Under the said
law, the Juvenile Justice Boards comprising a metropolitan magistrate or a judicial magistrate
and two social workers had the discretion to decide whether the offender should be tried by
courts of law like adults or whether the offender should be tried as a juvenile. The new bill
introduced concepts from The Hague Convention on Protection of Children and Cooperation
in Respect of Inter-Country Adoption, 1993 which were missing in the previous acts. The bill
also sought to make the adoption process of orphaned, abandoned and surrendered children
more streamlined. The lower house, i.e. Lok Sabha passed the bill on May 7, 2015 and the
upper house, i.e. Rajya Sabha on December 22, 2015. The bill was given assent on 31st
December, 2015 by the President of India and came into force from 15th January, 2016.

Thus, the new Act has been enacted to give effect to India's international obligations arising
from three international conventions to which India is a signatory namely, United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules, 1985),
UN Convention on the Rights of Child (CRC) & United Nations Rules for the Protection of
Juveniles Deprived of their Liberty (Havana Rules, 1990).

Conclusion

In the last few decades, the crime rate by children under the age of 16 years has increased.
The reason for increasing the crime rate is may be due to the upbringing environment of the
child, economic conditions, lack of education, and parental care. These are some of the basic
reasons. And the most disappointing part is that children (especially under the age group of 5
to 7 years) nowadays are used as a tool for committing the crime as at that this stage their
mind is very innocent and can easily be manipulated.

References

The Gazette of India

PRS Legislative Research.

Law Finder Live