Note4Students
From UPSC perspective, the following things are important :
Prelims level: Juvenile Justice (Care and Protection of Children) Act, 2015
Mains level: Laws and Legislations in Debate
Why in the News?
In May, a speeding car, allegedly driven by a teenager, resulted in the deaths of two young techies in Pune.
- The Juvenile Justice Board (JJB) initially granted the minor bail on conditions like writing a 300-word essay on road safety. This decision sparked public outrage and criticism from the Maharashtra Deputy CM.
- Later, the JJB canceled the minor’s bail and sent him to an observation home, which was again challenged in the Bombay High Court.
- The Bombay High Court eventually ordered the release of the minor, stating that the JJB’s remand order was illegal and that the minor should be in the care of his paternal aunt as per the Juvenile Justice Act.
What were the provisions led under the previous Juvenile Justice (Care and Protection of Children) Act of 2015?
| Definitions: |
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| Juvenile Justice Boards (JJBs): |
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| Child Welfare Committees (CWCs): |
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| Adoption Procedures: |
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| Rehabilitation and Social Reintegration: | Section 39 emphasizes the rehabilitation and social reintegration of children in conflict with the law through various measures, including counseling, education, skill development, and community-based programs. |
| Preliminary Assessment for Heinous Offences: | Section 15 mandates a preliminary assessment by the JJB to determine if a child in the age group of 16-18 years accused of committing a heinous offence should be tried as an adult. |
| Children’s Court: | Section 19 provides for the establishment of a Children’s Court to try children in the age group of 16-18 years accused of committing heinous offences. |
| Mandatory Reporting: | Section 19(1) makes it mandatory to report the presence of a child in need of care and protection to the authorities, and failure to do so is a punishable offence. |
| Registration of Child Care Institutions: | Section 41 requires all childcare institutions, whether run by the government or NGOs, to be registered within six months of the commencement of the Act. |
| Penalties: | Chapter XI (Sections 75-85) prescribes penalties for various offences, including the non-registration of childcare institutions and the sale and procurement of children. |
Amendment in 2021
- Empowering District Magistrates: The amendment authorized District Magistrates, including Additional District Magistrates, to issue adoption orders under Section 61 to ensure speedy disposal of cases and enhance accountability.
- Strengthening Child Welfare Committees (CWCs): The eligibility parameters for the appointment of CWC members were redefined, and criteria for disqualification were introduced under Section 28 to ensure that only competent and capable individuals were appointed.
- Categorization of Offences: The amendment categorized offences where the maximum sentence is more than 7 years imprisonment but no minimum sentence is prescribed or the minimum sentence is less than 7 years as “serious offences” under Section 2(54).
- Addressing Implementation Challenges: The amendment introduced changes to remove difficulties arising in the interpretation of various provisions of the Act and to clarify the scope of certain provisions.
Need for Accountability:
- Promoting Justice and Fairness: Accountability ensures that juvenile offenders are held responsible for their actions in a manner that aligns with principles of justice and fairness.
- Preventing Recidivism and Ensuring Rehabilitation: Holding juvenile offenders accountable helps in addressing underlying issues that contribute to their offending behaviour.
- Maintaining Public Confidence and Trust: Accountability in the juvenile justice system enhances public confidence in the legal process and ensures transparency in decision-making.
Conclusion: Implement comprehensive rehabilitation programs that are tailored to the individual needs of juvenile offenders, focusing on mental health support, educational opportunities, vocational training, and family reintegration.
Mains PYQ:
Q Examine the main provisions of the National Child Policy and throw light on the status of its implementation. (2016)
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