Professional Documents
Culture Documents
Salient Features of J J Act, 2000 & Amendment Act, 20006
Salient Features of J J Act, 2000 & Amendment Act, 20006
Children) Act,2000
&
Amendment Act, 2oo6
Salient Features
Dr.Bharti Sharma
Delhi
THE BASIS
Provisions of the Indian Constitution
The United Nations Standard Minimum Rules
for the Administration of the Juvenile Justice,
1985 (The Beijing Rules), UNCRC, other UN
Instruments
Four broad RIGHTS of the UN Convention on
the Rights of the Child
Right to Survival
Right to Protection
Right to Development
Right to Participation
2
Guiding Philosophy
Preserving best interest of the children
BY
3
MAJOR FEATURES
4
Juvenile in conflict with law is one who is
alleged to have committed an offence and has
not completed 18th year of age as on the
commission of such offence.
5
Categories of Children in
need of Care & Protection
A child who is: Additional Categories
Homeless *Surrendered
Having incapacitated parent *Street Child
Abandoned, missing or runaway *Working
Victim of natural and man-made calamity *Begging
Victim of abuse, torture and exploitation
Mentally or physically challenged
Mentally or physically ill
HIV/AIDS affected or infected
Suffering from terminal illnesses
Inducted in drug use
Trafficked- for labour and/or sexual purposes etc. 6
Processes and procedures
7
Composition and Structure
8
Child Welfare Committee
9
Eligibility
Juvenile Justice Board
12
Constitution of Selection
Committee
Shall have SEVEN members
Chairperson- A retired Judge of the H.C.or retired
Secretary to Govt.-experience in social welfare.
Two reps. of NGO working in area of CW.
One academician.
Two reps. from concerned State Dept.
One from State Human Rights Comm. or a similar
agency or a retired special Judicial Magistrate.
(Rule 91,92)
13
Selection Comm. Shall consider the panel
of names recommended by the concerned
State Dept. for Comm. & JJB members.
Selection Comm. Also to prepare a list of
names for each Comm. To fill in vacancies
that may arise during the tenure of the
Comm. or Board
14
Production By
To the J J B To the C W C
Section 14, 33
To be completed maximum within a period
of four months by the concerned
Competent Authority.
Period to be extended by the Authority in
special cases after due recording in writing.
16
What happens to the Child?
17
Section 7
18
In relation to determination of AGE
The court shall make an inquiry. Take such
evidence as may be necessary(but not an
affidavit), record the finding and state the age of
the juvenile or the child as nearly as may be.
[Sec. 7A. (1)].
If the court finds a person to be a juvenile on the
date of commission of offence under sub-sec (1),
it shall forward the juvenile to the board for
passing appropriate order, and the sentence if
any, passed by a court shall be deemed to have
no effect. [Sec.7A. (2)]. 19
Section 4(2) & 29(5)
20
POWERS OF THE CWC
Section 31
(1), (2)
Section 39 Section 52
(3) (1)
21
Section 31
Powers of Committee
(1)
The Committee shall have the final
authority to dispose of cases for the care,
protection, treatment, development and
rehabilitation of the children as well as to
provide for their basic needs and protection
of human rights.
22
(2)
Where a Committee has been constituted
for any area, such Committee shall,
notwithstanding anything contained in any
other law for the time being in force but
save as otherwise expressly provided in
this Act, have the power to deal
exclusively with all proceedings under
this Act relating to children in need of
care and protection.
23
Section 39
Restoration
(3) The Committee shall have the powers to restore
any child in need of care and protection.
24
Section 52
Appeals.-
(1) Subject to the provisions of this
section, any person aggrieved by an order
made by a competent authority under this
Act may, within thirty days from the date
of such order, prefer an appeal to the
Court of Session:
25
POWERS OF THE J.J.B.
Section 6
(1) The JJB has the power to deal
exclusively with all proceedings under this
Act relating to juvenile in conflict with
law.
(2) The powers conferred on the Board
may also be exercised by the High Court
and the Court of Sessions when the
proceedings comes before them in appeal,
revision or otherwise.
26
JJB-Orders that can be
passed
Section 15
Counsel parents/guardian and the juvenile.
Allow to go home after advise/admonish.
Direct to participate in group counselling, similar
activities and community service.
Order payment of fine, if above 14 yrs. & earning.
Release on probation of good conduct & place under
care of parent/guardian, other fit person or fit
institution.
Can be sent to special home3 years.
27
JJB- Orders that cannot be
passed
Section 16
Section 19
29
Remember
Juvenile must be released on bail irrespective of the
offence.
Juvenile can be released on bail with/without surety.
Not to be released on bail only if
# Release brings him into association with a criminal.
# Exposes him to moral, physical or psychological danger.
# Defeats the ends of justice.
One not released on bail must be kept in Obs. Home
place of safety pending inquiry.
Parents/guardian must be informed of detention of
juvenile as soon as possible.
30
Non-institutional Services
The following three are now a part of the Act:
Adoption
Fostercare
Sponsorship
31
ROLE OF POLICE
[slides 32-45]
About Provisions
To set up Special Juvenile Police Unit in every
District & 2 Juvenile Wel. Officers in every P. S.
Police officers to be instructed and trained on
child issues and JJ Act
No handcuff or lock-up of child or juvenile
About production:
To produce the child before the CWC
To produce the juvenile before the JJB
To inform the parents of the apprehending of the
juvenile 32
Apprehension of juvenile in conflict with
law
As soon as a juvenile in conflict
with law is apprehended by police, he
shall be placed under the charge of the
special juvenile police unit or the
designated police officer who shall
immediately report the matter to a
member of the Board.(Section 10)
33
Information to parent, guardian or
probation officer
34
Investigation
35
Section 160 of the Criminal
Procedure Code prohibits the
detention of males under the age of 15
years or females of any age for the
purpose of investigation or
questioning by the police.
36
Arbitrary detention is illegal.
Section 50, 56 and 57 of the Code of
Criminal Procedure Code mandate that
no person can be detained in custody
without knowing the grounds of arrest
and that a detainee must be presented
before the magistrate with in twenty four
hours of his arrest.
37
No FIR in certain cases
38
Continuation of inquiry in respect or
juvenile who has ceased to be a juvenile
39
No juvenile shall be charged with or tried for any
offence together with a person who is not a
juvenile. (Section 18)
Section 23
Punishment for cruelty to Juvenile or Child
41
Section 24
Employment of juvenile or child for begging
42
Section 25
Penalty for giving intoxicating liquor or
narcotic drug or psychotropic substance
to juvenile or child
43
Section 26
Exploitation of juvenile or child employee
45
Amendments in Definitions
Adoption means
The process through which the adopted child
is permanently separated from his biological
parents and become the legitimate child of
his adoptive parents with all the rights,
privileges and responsibilities that are
attached to the relationship.
Fit institution found fit by the State
Government on the recommendation of the
Competent Authority. 46
Other Amendments
47
Continued
In relation to Media
No report of any inquiry in regard to a juvenile or
child in print or visual media can disclose the name,
address or school or any other particulars that can
lead to the identification of a juvenile or a child or
any picture of such juvenile or child,unless the
authority holding the inquiry permits such inquiry
in writing [Sec. 21 (1)].
In case of contravention- penalty up to Rs. 25000/-
[Sec. 21 (1)].
48
Continued
Pendency of cases to be reviewed six monthly
by CJM/CMM in case of JJB and State Govt.
in case of CWC. Can direct to increase the
number of days or cause the constitution of
additional bodies [Sec. 14 (2), 33 (3)].
Bail of juvenile-Released on bail or placed
under the supervision of a Probation Officer or
under the care of any fit institution or fit
person [Sec. 12(1)].
49
Continued
Registration of Institutions-All GO or
NGO institutions for children in need of
care and protection shall within a period
of six months from the commencement of
Amendment Act, 2006, be registered under
this Act. [Sec. 34(3)].
50
Continued
51
Continued
53
Continued
54
Continued