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25 views14 pages

Class Presentation by Harun-1

Uploaded by

jibitha7george
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PRESENTATION

ON
JUVENILE JUSTICE ACT, 2015

By Harun Marak
The Juvenile Justice (Care and Protection of Children)
Act, 2015
This is an important piece of legislation in India that seeks to provide
care, protection, and rehabilitation to children in conflict with law or in
need of care and protection. This article critically analyses the
interpretation and implementation of the Act, highlighting the
challenges faced by various stakeholders in implementing the Act
effectively.
Overall the article highlighting its strengths and weakness.
The article emphasizes the need for a collaborative and holistic
approach to implementing the Act, which ensures the protection and
well-being of all the children in India.
Background
a) The first proper involvement by the government of India in
justice for children was via the National Children’s Act,
1960.
b) National Children’s Act, 1960 was later replaced later with
Juvenile Justice Act, 1986 (JJA, 1986).
c) To adapt to the standards of the United Nations
Convention on the Rights of the Child (UNCRC), the 1986
Act was repealed and the Juvenile Justice Act, 2000 was
passed. The Act dealt with two categories of Children that
is to say- “child in conflict with laws” and “child in need of
care and protection”.
Background
d) The juvenile Justice Act, of 2015 was enacted to
replaced the Juvenile Justice ( Care and Protection of
Children) Act, of 2000. The 2000 Act was considered
outdated and inadequate to deal with the changing
needs of children in conflict with the law. The new Act
aims to provide a more child-friendly approach to
dealing with children in conflict the law and to ensure
that their best interests are always given priority.
Objectives

• To protect the rights of children who are in conflict with the law
and ensure that they are treated in a manner that is consistent
with the principles of justice, dignity, and reformation.
• To promote the rehabilitation and social reintegration of
children who are in conflict with law and to prevent them from
becoming repeat offenders.
• To establish specialized institutions and mechanisms for the
care, protection, treatment, and rehabilitation of children in
need of care and protection or who come in conflict with the
law (Child Welfare committee and Juvenile Justice).
Definition

This Act classifies Children into “children in conflict


with law” and “children in need of care and
protection”.
The Act defines:
a. “Child” a person who has not completed eighteen
years of age.
b. “Children in conflict with law” is define as a child
who is alleged or found to have committed an
offence and who has not completed eighteen years
of age on the date of commission of such offence.
Amendment

The main reason behind amending the previous Act was increasing
rapes and murders committed by children in the age group of 16-
18.
Especially the Nirbhaya Gang Rape Case, although not directly
related to the Juvenile Justice Act, 2015, this case brought attention
to the issue of Juvenile offenders in heinous crimes. One of the
rapists in the Nirbaya case, often said to be the most brutal of all,
was a minor and sentenced under the Juvenile Justice Act then in
force. The incident led to debates and discussions about the age of
criminal responsibility in India, eventually leading to the
amendment and enactment of the JJA Act,2015.
Amendment

• The Juvenile Justice Act was amended to enable the trial of


accused aged 16-18 years as an adult if accused of “heinous
crimes”. The decision to try the accused as an adult was taken
by the Juvenile Justice Board, as per the JJA Act,2015.
• The amendment Act says, ”In case of a heinous offence alleged
to have been committed by a child, who has completed or is
above the age 16 years, the Board shall conduct a preliminary
assessment with regards to his mental and physical capacity to
commit such offence, ability to understand the consequences of
the offence and the circumstances in which he allegedly
committed the offence.
Juvenile Justice Board

The Act provides for one or more Juvenile Justice Boards to be


constituted in every district for exercising the powers and discharging its
functions relating to children in conflict with the law under this Act. The
JJ Board consists of a judicial magistrate of the first class, having at least
7 years of experience and two social workers of whom at least one
should be a Woman.

The social workers shall be actively involved in health, education, or


welfare activities pertaining to children for at least 7 years or a
practicing professional with a degree in child psychology, psychiatry,
Sociology or law. The board has the power to exercise territorial
jurisdiction and to deal exclusively with all the proceeding under this
Act, relating to children in conflict with law.
Child Welfare Committee

The Act provides for one or more Child Welfare Committee


to be constituted in every district which consists of One
Chairperson and 4 other members of whom at least 1
should be woman and another, an expert on the matters
concerning children.

The committee must meet at least 20 days in month and


observe rules and procedures. A visit to an existing child
care institution is considered a sitting, and a child in need
care and protection can be produced before an individual
member. In the event of a difference of opinion of the
majority will prevail.
Child Welfare Committee

The committee functions and responsibilities include taking


cognizance of and receiving children, conducting inquiry, directing
Child Welfare Officers pr probation officers to conduct social
investigation, directing placement of a child in foster care, ensuring
care, protection, rehabilitation or restoration of children in need of
care and protection.

The committee is responsible for restoring lost children to their


families, declaring them legally free for adoption, taking action for
rehabilitation of sexually abused children, dealing with cases referred
by the Board, coordinating with the police, labor department and
other agencies involved in care and protection of children.
Conclusion
The Juvenile Justice (Care and Protection of Children) Act, 2015 is a
significant legislation in India that focuses on the care, protection,
and rehabilitation of children in conflict with law. The Act strikes a
balance between the rights of the child and the need for justice and
rehabilitation.

It emphasizes a reformative approach for Juvenile offenders while


ensuring their protection and reintegration into society. The Act has
been instrumental in addressing the challenges surrounding Juvenile
Justice and promoting a child-centric approach within the legal
system. It plays a crucial role in safeguard the rights and well-being of
children involved in the criminal justice system and serves as a
foundation for their rehabilitation and future prospects.
Thank you

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