The Juvenile Justice (Care and Protection of Children) Act, 2015: A Comprehensive Overview

The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) is a landmark legislation in India that consolidates and amends the laws relating to children in conflict with law and children in need of care and protection. This article will explore the key aspects of this Act, highlighting its objectives, the mechanisms it establishes, and its impact on the lives of vulnerable children.

Background and Purpose of the JJ Act

The JJ Act, 2015, replaced the Juvenile Justice Act of 2000, aiming to provide a more child-friendly approach to the adjudication and disposal of matters concerning children. It seeks to ensure the basic needs of children are met through proper care, protection, development, treatment, and social reintegration. The Act aligns with international standards like the UN Convention on the Rights of the Child and the Beijing Rules.

Key Definitions Under the JJ Act

1. Abandoned Child: A child deserted by their biological or adoptive parents or guardians, declared abandoned by the Committee.

2. Adoption: The process through which a child is permanently separated from their biological parents and becomes the lawful child of the adoptive parents.

3. Adoption Regulations: Regulations framed by the Central Authority for adoption.

4. Aftercare: Support provided to persons who have completed 18 years of age but not 21 and have left institutional care.

5. Authorised Foreign Adoption Agency: A foreign agency authorized by the Central Adoption Resource Authority (CARA).

6. Authority: The Central Adoption Resource Authority (CARA).

7. Begging: Soliciting or receiving alms in public or private places for gain.

8. Best Interest of Child: The basis for decisions regarding a child, ensuring their rights, identity, social well-being, and development.

9. Board: The Juvenile Justice Board (JJB) constituted under the Act.

10. Central Authority: The Government department recognized under the Hague Convention on Inter-country Adoption.

11. Child: A person who has not completed 18 years of age.

12. Child in Conflict with Law: A child alleged or found to have committed an offense, and who has not completed 18 years of age on the date of the offense.

13. Child in Need of Care and Protection: A child who is vulnerable and in need of care.

14. Child Friendly: Any practice, process, or environment that is humane and considerate of the best interests of the child.

15. Corporal Punishment: The infliction of physical pain as a form of punishment.

16. Fit Facility: A facility recognized by the Committee to temporarily take responsibility of a child.

17. Fit Person: A person recognized by the Committee to take responsibility of a child.

18. Foster Care: Placement of a child in a family other than their biological family.

19. Group Foster Care: A family-like care facility for children without parental care.

20. Guardian: Includes natural or legal guardians, or any person having charge of the child.

21. Heinous Offenses: Offenses with a minimum punishment of seven years imprisonment or more.

22. Inter-country Adoption: Adoption of a child from India by non-resident Indians or foreigners.

23. Juvenile: A child below the age of 18 years.

24. Narcotic Drug and Psychotropic Substance: Have the same meanings as assigned to them in the Narcotic Drugs and Psychotropic Substances Act, 1985.

25. Non-Resident Indian: A person holding an Indian passport and presently residing abroad for more than one year.

26. Notification: A notification published in the Official Gazette.

27. Observation Home: A home for temporary reception of children in conflict with law.

28. Open Shelter: A facility for children in need of support on a short-term basis.

29. Orphan: A child without biological or adoptive parents or a legal guardian.

30. Person of Indian Origin: A person of Indian descent holding a Person of Indian Origin Card.

31. Place of Safety: A place other than a police lockup or jail, to receive and take care of children in conflict with law.

32. Prescribed: Means prescribed by rules made under the Act.

33. Probation Officer: An officer appointed by the State Government to assist the Board or Committee.

34. Psychiatric Hospital or Nursing Home: Has the same meaning as assigned to it in the Mental Health Act, 1987.

35. Registered: Refers to institutions or facilities registered under the Act.

36. Relative: For adoption, includes a paternal or maternal uncle/aunt, or paternal or maternal grandparent.

37. Serious Offenses: Offenses that have a punishment between 3-7 years.

38. Special Home: A home for children in conflict with law who are found guilty.

39. Special Juvenile Police Unit: A designated unit of the police force to handle children.

40. Sponsorship: Supplementary support for families to meet the needs of children.

41. State Agency: The State Adoption Resource Agency for dealing with adoption.

General Principles of Care and Protection (Section 3)

The Act is guided by several fundamental principles:

1. Presumption of Innocence: Children are presumed innocent until proven otherwise.

2. Dignity and Worth: All children are to be treated with equal dignity and respect.

3. Participation: Children have the right to participate in decisions affecting them.

4. Best Interest: Decisions must prioritize the best interest of the child.

5. Family Responsibility: The family is the primary responsibility for a child’s care and protection.

6. Safety: Children must be protected from harm and abuse.

7. Positive Measures: Resources are to be mobilized to promote a child’s well-being.

8. Non-Stigmatizing Semantics: Use of adversarial language is to be avoided.

9. Non-Waiver of Rights: Children cannot waive their fundamental rights.

10. Equality and Non-Discrimination: Children shall be treated equally without discrimination.

11. Privacy and Confidentiality: Children have the right to privacy and confidentiality.

12. Institutionalization as a Last Resort: Institutional care is to be used as a last resort.

13. Repatriation and Restoration: Children have the right to be reunited with their families.

14. Fresh Start: Past records of children should be erased except in special cases.

15. Diversion: Measures to deal with children in conflict with law without resorting to judicial proceedings should be promoted.

16. Natural Justice: Basic procedural standards of fairness must be followed.

Key Bodies Under the JJ Act

1. Juvenile Justice Board (JJB) (Section 4):

   • A board constituted for every district to deal with children in conflict with law.

   • It consists of a Principal Magistrate and two social workers, one of whom must be a woman.

2. Child Welfare Committee (CWC) (Section 27):

   • A committee constituted for every district to deal with children in need of care and protection.

   • It consists of a Chairperson and four other members, one of whom must be a woman, and another an expert on matters concerning children.

Children in Conflict with Law

1. Apprehension of Child (Section 10): Children apprehended for an offense must be placed under the charge of the Special Juvenile Police Unit or a Child Welfare Police Officer, and produced before the JJB within 24 hours.

2. Role of Person in Charge (Section 11): Those in charge of children in conflict with law have the responsibility for their maintenance, as if they were their parents.

3. Bail (Section 12): Children are to be released on bail unless there are reasons to believe that such release will expose them to danger or defeat the ends of justice.

4. Inquiry by JJB (Section 14): The JJB conducts an inquiry within four months, which may be extended by two months for valid reasons.

5. Preliminary Assessment (Section 15): For heinous offenses, the JJB conducts a preliminary assessment to determine if the child should be tried as an adult.

6. Orders by JJB (Sections 17 & 18): The JJB can pass orders including sending the child home with advice, directing participation in counseling, community service, or placement in a special home or place of safety.

7. Powers of the Children’s Court (Section 19): The Children’s Court can review preliminary assessments, pass orders for rehabilitation, and ensure proper follow-up.

Children in Need of Care and Protection

1. Production before CWC (Section 31): Children in need of care and protection can be produced before the CWC by various individuals and organizations.

2. Inquiry by CWC (Section 36): The CWC conducts inquiries to determine the need for care and protection and passes orders for their placement in a home or with a fit person.

3. Orders by CWC (Section 37): The CWC can issue orders for placement in a protective home, corrective institution, or under supervision, and also provide medical care, rehabilitation, and other forms of support.

4. Declaration for Adoption (Section 38): The CWC can declare a child legally free for adoption if they are an orphan, abandoned, or surrendered.

Other Provisions

• Rehabilitation and Social Re-integration (Section 39): The Act emphasizes rehabilitation and social re-integration of children, including through family-based care.

• Restoration of Child (Section 40): The Act provides for restoration of children to their families.

• Child Care Institutions (Section 41): All institutions providing care to children must be registered under the Act.

• Open Shelters (Section 43): The State Government may establish open shelters for children requiring short-term residential support.

• Foster Care (Section 44): Children in need of care and protection may be placed in foster families.

• Sponsorship (Section 45): The State Government shall make rules for providing sponsorship programs for children.

• After Care (Section 46): Financial support is to be provided for children leaving care institutions to reintegrate into society.

• Observation Homes (Section 47) and Special Homes (Section 48): These are institutions for children in conflict with law, for temporary reception and rehabilitation, respectively.

• Place of Safety (Section 49): A designated place for children in conflict with law.

• Children’s Home (Section 50): A home for children in need of care and protection.

• Fit Facility (Section 51) and Fit Person (Section 52): Individuals or facilities certified by the Board to temporarily take care of a child.

• Rehabilitation Services (Section 53): Services to be provided for rehabilitation and reintegration of children.

• Public Awareness (Section 108): The government shall promote awareness of the Act through various media.

• Monitoring of Implementation (Section 109): The National and State Commissions for Protection of Child Rights are empowered to monitor implementation of the act.

• Power to Make Rules (Section 110): The Central and State Governments are empowered to make rules for carrying out the provisions of the Act.

Conclusion

The Juvenile Justice (Care and Protection of Children) Act, 2015, is a comprehensive and progressive piece of legislation that provides a strong framework for the protection and rehabilitation of children in India. It outlines the procedures for dealing with children in conflict with law and children in need of care and protection, ensuring their rights and well-being. It is vital for all stakeholders to understand and adhere to the provisions of this Act to create a better future for every child in India.