➢ The Juvenile Justice (Care and Protection of Children) Act, 2000,

commonly known as the Juvenile Justice Act, is a significant Indian

legislation aimed at providing proper care, protection, and rehabilitation to
children in conflict with the law and those in need of care and protection,
with a key feature being its child-friendly approach to adjudication and
disposition of cases, prioritizing their best interests; it defines a "juvenile" as
anyone below the age of 18 years old. The Children' constitute almost half of the
world's population. They are the future of mankind and asset of the nation. They inherit past
and they are themselves the future. They own the right to live and grow as children. However,
as the children themselves are not aware of their rights, they become the victims of abuse or
delinquent.

Key aspects of the Juvenile Justice Act, 2000:

 Definition of a child:
The Act clearly defines a child as anyone below 18 years of age, which is
crucial for determining who falls under the purview of the Juvenile Justice
system.
 Distinction between categories:
It differentiates between "children in conflict with the law" (those who have
committed an offense) and "children in need of care and protection" (those
who are neglected, abandoned, or at risk of exploitation).
 Juvenile Justice Boards:
Specialised boards are established to handle cases involving juveniles, with
a focus on rehabilitation and not just punishment.
 Child-friendly procedures:
The Act mandates child-friendly procedures during investigations and
hearings, including the right to legal representation and protection from
media exposure.
 Observation Homes:
These facilities are meant for temporary placement of juveniles while their
cases are being investigated to assess their needs and suitability for
rehabilitation programs.
 Special Homes:
 For juveniles who require more long-term care, special homes are
established to provide education, vocational training, and counseling.

 Role of parents and guardians:

The Act emphasizes the involvement of parents and guardians in the juvenile
justice process, including their responsibility to provide support and
participate in rehabilitation efforts.
Important amendments to the Juvenile Justice Act:
 2015 Amendment: Following the 2012 Delhi gang rape case, the Act was
amended to allow juveniles between 16 and 18 years of age to be tried as
adults in cases involving heinous crimes, with a provision for the Juvenile
Justice Board to determine if the crime was committed as a "child" or an
"adult".
Criticisms of the Juvenile Justice Act:
 Concerns about the "heinous crime" clause:
Some argue that the amendment allowing certain juveniles to be tried as
adults could lead to abuse and may not always be in the best interest of the
child.
 Lack of adequate infrastructure:
Concerns about the lack of sufficient well-equipped observation homes and
special homes to effectively rehabilitate juveniles.
 Need for better training for officials:
Proper training for police officers, social workers, and Juvenile Justice Board
members is crucial for effective implementation of the Act.
MAJOR FEATURES Age of boy child raised to 18 from 16 years. Two broad categories of
children dealt with: * Children in conflict with law * Children in need of care and protection
Neglected Neglected child is defined defined as “child in need of care and protection” and
includes new categories of children.
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 Victim of
natural and man -made calamity made calamity *Begging Begging • Victim of abuse and
exploitation • Mentally or physically challenged • Mentally or physically ill • HIV/AIDS
affected or infected • Suffering from terminal illnesses • Trafficked- for labour and/or
sexual purposes
History of Child delinquency Laws in India
➢ The first legislation on juvenile justice in India came in 1850 with the Apprentice Act
which required that children between the ages of 10-18 convicted in courts to be provided
vocational training as part of their rehabilitation process. This act was transplanted by the
 Reformatory Schools Act, 1897, the Indian Jail Committee and later the Children Act of 1960
The first proper intervention by the government of India in justice for children was via the
National Children’s Act, 1960 . This act was replaced later with Juvenile Justice Act, 1986. In
1992, India ratified the United Nations Convention on the Rights of the Child (UNCRC). To
adapt to the standards of the convention, the 1986 act was repealed and the JJ Act, 2000 was
passed. The JJ Act 2000 dealt with two categories of children viz. ‘child in conflict with law’
and ‘child in need of care and protection' .The said act came to be amended from time to time
to incorporate new provisions and concepts relating to a child.

MAJOR PROBLEMS IDENTIFIED WITH JUVENILE JUSTICE ACT OF 2000:-

1. No flexible procedure for sentencing
2. This is a system in which the maximum amount of sentence served by a delinquent who
say part takes in armed robbery in order to feed himself is the same as the one given out to a
rapist or murderer; just so long both are under eighteen years of age. This is the serious
problem identified with the Act.
3. There is no logical or scientific reason which shows that total and complete rehabilitation
can be achieved by a delinquent/ offender/ child in conflict with the law within a maximum
period of three years.
4. The act does not deal with physical and psychological maturity of a Juvenile.
5. Provisions of Hague Convention on Protection of Children and Cooperation in Respect of
Inter-Country Adoption, 1993 failed to reflect in the Act.
Age Determination
➢ While determining the age, as observed by the Honourable Apex Court in Rajinder
Chandra Vs. State of Chhatisgarh, AIR 2002 SC 748, the approach of the Courts or
Juvenile Justice Board should not be hypertechnical.
➢ Section 9 & 94 of the New Act has also used certain expressions which are also be borne
in mind. It uses the expression "on the basis appearance”. Further, the age determination
 inquiry has to be completed and age be determined within fifteen days which is also an
indication of the manner in which the inquiry has to be conducted and completed.
"Age determination inquiry" contemplated under section 94 of the Act enables the court to
seek evidence and in that process, the court can obtain the matriculation or equivalent
certificates, if available

BAIL GRANT OF TO CHILD

➢ In normal course, a juvenile is entitled to bail, notwithstanding gravity of the crime. His
bail can be refused only when there are reasonable grounds for believing that his release is
likely to bring into association with any known criminal or expose his moral, physical or
psychological danger or that his release would defeat the ends of justice.
➢ The language in Section 12 of the Act that “notwithstanding anything contained in the Code
/of Criminal Procedure, 1973, or any other law for the time being in force ” mandates that this
Section is having overriding effect and the juvenile accused shall be released.
Conclusion

The Juvenile Justice (Care and Protection of Children) Act, 2000, a primary
legal framework for juvenile justice in India, aims to provide care, protection,
treatment, and rehabilitation for children in conflict with the law or in need of
care and protection, while upholding their rights and best interests. The
juvenile justice system in India, guided by the Juvenile Justice Act of
2015, aims to balance rehabilitation and accountability, emphasizing the
protection of children's rights and addressing juvenile delinquency through a
mix of legal and social interventions.Focus on Rehabilitation and
ReintegrationThe system prioritizes rehabilitation and reintegration of
juvenile offenders into society, rather than solely focusing on punishment.