Juvenile Justice (Care and Protection of Children) Act 2015 - Part 1

Jul 7, 2024

Overview of the Juvenile Justice (Care and Protection of Children) Act 2015 (Part 1)

Introduction

  • Presenter: Eileen Manoharan, Center for Child and the Law, National Law School of India University, Bangalore
  • Series: Part 1 of 3 modules
  • Focus: Introduction to the Juvenile Justice (Care and Protection of Children) Act 2015 (JJ Act 2015)

Goals of the Module

  • Provide an overview of the JJ Act 2015
  • Understand key changes from the Juvenile Justice Act 2002
  • Explore the groups of children dealt with by the law
  • Introduce stakeholders, structures, authorities, and services

Context

  • International perspective: Children are a vulnerable group and deserve responsive treatment.
  • Family is the primary unit for care and protection.
  • Indian Constitution provides for special legislation for child protection.

Enactment and Purpose

  • Act date of enforcement: January 15, 2015
  • Legal framework for children in need of state care and protection including child victims of crime and children in conflict with the law.

Major Changes from JJ Act 2000

  1. Gaps Plugged
    • Abuse in institutions
    • High case pendency
    • Quality of care and rehabilitation
    • Delays in adoption
    • Accountability of institutions
    • Role confusion
    • Inadequate countermeasures for offenses against children
  2. Increased Crime by Age Group 16-18
    • New measures to tackle child offenders in this age group.
  3. New Provisions
    • Expert review after the 2012 Delhi gang-rape case prompted changes.
    • Emphasis on severe penalties vs. preventive and rehabilitative measures.

Structure of the JJ Act 2015

  • 10 chapters and 112 sections
    1. Preliminary
    2. General Principles of Care and Protection
    3. Juvenile Justice Board
    4. Procedures for Children in Conflict with Law
    5. Child Welfare Committee
    6. Procedures for Children in Need of Care and Protection
    7. Rehabilitation and Social Reintegration
    8. Adoption
    9. Other Offenses Against Children
    10. Miscellaneous

Key Policy Shifts

  • Introduction of new terms: child in conflict with law, open shelter, fit facility.
  • Revised Definitions: child in need of care and protection, abandoned child, aftercare, best interests of the child, child-friendly, child care institution, place of safety.
  • New Terms: petty offense, serious offense, heinous offense, corporal punishment, foster care, sponsorship, etc.
  • Fundamental Principles: Incorporated from the JJ Model Rules 2007 into the Act.
  • Accountability Emphasis: Mandatory registration and inspection of childcare institutions (CCIs).
  • Speedy Inquiry: High-level committee to monitor case pendency.
  • Child Protection Framework Strengthened: District Child Protection Unit (DCPU) established.
  • Juvenile Justice Board (JJB): Preliminary assessment for ages 16-18 for heinous crimes.
  • Increased Scope for Civil Society: Involvement in CCIs, rehabilitation, vocational training, etc.
  • Alignment with International Conventions: UN Convention on the Rights of the Child (1990); The Hague Convention on Inter-Country Adoption (1993).

Groups Dealt With by the Act

  1. Children in Need of Care and Protection (CNP):
    • Defined in Section 2(14);
    • Child Welfare Committee (CWC) manages cases, given judicial magisterial powers;
    • District Magistrate conducts quarterly reviews.
  2. Children in Conflict with Law (CCL):
    • Defined procedure and authorities for handling cases;
    • Juvenile Justice Board (JJB) exclusively deals with these cases;
  3. Child Victims of Crime:
    • Deals with child victims, expands list of crimes and penalties.

Principles in Administration of the Act

  • Section 3 lists 16 principles emphasizing dignity, best interest, family responsibilities, non-stigmatizing semantics, non-discrimination, etc.
  • Example: Non-stigmatizing semantics principle emphasizes avoiding labels like "convict" or "prostitute".

Child Care Institutions (CCIs)

Institutions for Children in Conflict with Law

  • Observation Homes: Temporary care and rehabilitation during inquiry period.
  • Special Homes: For rehabilitation post-adjudication.
  • Place of Safety: Separate from prison, for rehabilitation.

Institutions for Children in Need of Care and Protection

  • Children's Homes: For long-term care and rehabilitation.
  • Open Shelters: Short-term residential support.
  • Specialized Adoption Agencies: For legal adoption processes.
  • Fit Facilities: Government or NGO-run.

Structures Established

  • State Child Protection Society and Unit: (at state level)
  • District Child Protection Unit (DCPU): (at district level)
  • Management Committees: In every CCI for progress monitoring.
  • Children’s Committees: In every CCI for participant activities.
  • Special Juvenile Police Units.

Stakeholders Involved

  • Central and State Government Departments: (Women and Child Development, Home, etc.)
  • Juvenile Justice Boards (JJB), Child Welfare Committees (CWC), Children’s Courts.
  • National/State Commission for Protection of Child Rights.
  • Legal Services Authorities: Provides legal aid services.
  • Individuals, NGOs, Non-governmental organizations (NGOs).
  • Universities: Role in evaluating structures.
  • Corporates: Support rehabilitation efforts.
  • Children and Families.

Conclusion

  • Provides a basic overview of JJ Act 2015, highlighting rehabilitation and social integration, groups covered, fundamental principles, child care institutions, authorities, and stakeholders responsible for its implementation.