[Music] hello friends and welcome to e PG party allah my name is eileen manoharan I'm a fellow at the Center for child in the law at the National Law School of India University Bangalore today I will be discussing with you a module that deals with the subject of the juvenile justice care and protection of children Act 2015 this is part one of three modules that we will be discussing on the subject the learning modules for the subject are to provide an introduction to the Juvenile Justice Act 2015 and the reason for its enactment to enable an understanding of the key changes brought into the juvenile justice act 2015 in comparison to what was provided for under the juvenile justice act 2002 enable an understanding of the groups of children dealt with by this law to enable an introduction to the key stakeholders structures authorities institutional and non-institutional services under this act internationally children are recognized to be a special group of human beings given that they are growing vulnerable dependent on adults and evolving in maturity they deserve to be treated in a manner that is responsive to their developmental stage their special needs and best interests the family is recognized as the basic unit of society that is primarily responsible for the care and protection of children in their family the Constitution of India makes special provisions for children and provides for legislation to be enacted so as to place a legal duty on the state to take responsibility for children who are in any way at risk of harm neglect abuse and exploitation either when they are within the family or if they break away from or fall out of its safety net the j.g Act 2015 came into force on 15 January 2015 and is an umbrella legislation enacted for this purpose it provides the legal framework for how children in need of care and protection by the state including child victims of crime and in need of such care of protection and children alleged to be in conflict with law and children found to be in conflict with law broadly referred to as children in conflict with law should be dealt with by the state given its role to ensure the welfare and well-being of children this module is the first part of three related modules that provides a brief overview of the Juvenile Justice Act 2015 the Ministry of Women and Child Development notified the Juvenile Justice care and protection of children model rules 2016 to carry out the purposes of the Juvenile Justice Act 2015 these rules were notified on 21st September 2016 the modules however do not include an overview of these model rules as it is beyond the scope of the same what are the reasons for repealing the Juvenile Justice Act 2000 and enacting the Juvenile Justice Act 2015 the Juvenile Justice Act 2000 was repealed and re-enacted in 2015 in order to one plug gaps in the implementation of the Act such as abuse of children in institutions the high pendency of cases the quality of care and rehabilitation measures in institutions delays in adoption accountability of institutions role confusion and inadequate provision to counter offenses against children second to address increasing crimes being committed by children between the age of 16 to 18 years as the jjak 2000 was in court in equipped to tackle child offenders in this age group closed court the previous UPA government had initiated a process of reviewing the Juvenile Justice Act 2000 through the establishment of an expert review committee which submitted its report in mid 2012 however of months later a 22 year old woman was brutally raped by five men and one child in conflict with law now commonly referred to as the Delhi gang-rape case the massive nationwide public outrage and media campaign that followed the incident led to demands for severe punishment in such cases particularly calling for children alleged to have committed very serious of what is now referred to as heinous offences to be tried as adults the Ministry of women in child development brought out the juvenile justice care and protection of children bill 2014 this bill drew heavily from the recommendations of the expert review committee on most aspects however it also introduced a radically new transfer system to deal with children aged 16 to 18 years alleged to have committed heinous offences the bill triggered numerous debates across the country on whether or not severe punishments effectively reduce heinous crime by children or whether preventive educators and rehabilitative efforts should be strengthened a revised bill was eventually passed by Parliament given Presidential assent and came into force on the 15th of January 2016 how about the chapters organized in this juvenile justice 2015 act and how does it differ from that of the Juvenile Justice Act 2000 the Juvenile Justice Act 2015 consists of 10 chapters and hundred 12 sections the chapters are as follows preliminary general principles of care and protection of children the Juvenile Justice Board procedures in relation to children in conflict with law the Child Welfare Committee procedure in relation to children in need of care and protection rehabilitation and social reintegration adoption other offences against children and lastly the miscellaneous chapter the key differences between the structure of the gjx mm and the GJ Act 2015 are as follows the GJ Act 2015 includes an entire chapter on general principle of care and protection of children largely drawn from the erstwhile juvenile justice care and protection of children model rules 2007 a separate chapter is dedicated to procedures for children need of care and protection and one for children in conflict with law new chapters have been introduced on adoption on offenses against children what are the case shifts in policy as reflected in the major differences between the JJ Act 2000 and the JJ act 2015 new terms have been introduced such as child in conflict with law which replaces the term juvenile open shelter which replaces the term shelter home and fit facility which replaces fit institutions some definitions have also been revised such as the definitions for child in need of care and protection child in conflict with law abandoned child aftercare best interests of the child child-friendly child care institution and place of safety new terms have been introduced and defined such as petty offense serious offence heinous offense adoption corporal punishment foster care foster family group foster care specialized adoption agency sponsorship surrender child the central adoption Resource Agency existing before the commencement of the Act is now constituted as a central adoption resource Authority an entire section on fundamental principles has been included in the JD Act itself drawing largely from the juvenile justice model rules 2007 thereby highlighting the importance given to these principles in the implementation of the Act the GA act 2015 largely builds on the progressive framework of the JJ act 2000 a greater emphasis has been to ensure accountability of Duty bearers for example the law provides for mandatory registration of all child care institutions and open shelters housing wholly or partially children in need of care and protection or children in conflict with law within six months and for regular inspections of these child care institutions with compliance reports stringent penalties have been provided for making child care institutions accountable and liable for acts of cruelty against a child as regards ensuring speedy inquiry a high-level committee consisting of the executive chairperson of the state legal services authority who is to be the chairperson the home secretary the secretary responsible for the implementation of the act in the state and a representative from an NGO nominated by the chairperson is to be established to monitor pendency of the cases before the juvenile justice boards in the state further the entire child welfare committee could be terminated if pendency remains unaddressed after three months of the CWC receiving directions from the district magistrate to take remedial measures the child protection framework has been strengthened through various measures including the establishment of the district child protection unit as the focal point to ensure the implementation of this act and other child protection measures in the district earlier only provided for in what was called the integrated child protection scheme the district magistrate is now the reviewing and grievance of their address and authority in relation to the Child Welfare Committee and an entire chapter on offenses against children has also been introduced expanding the list that had been included in the juvenile justice act 2000 these provisions fill the gap in law by making some additional acts of neglect exploitation or abuse of children and also the abatement of such acts as crimes while also specifying penalties for the same the law also defines and classifies offenses into petty serious and heinous offenses with different procedures for how children alleged to have been committed such offenses are to be treated the main goal of juvenile justice internationally is to ensure the rehabilitation and social reintegration of children the rehabilitative framework has also been strengthened in the juvenile justice Act 2015 as rehabilitation is now entitlement for all children an entire chapter has also been devoted to rehabilitation and social reintegration which indicates the importance given to realizing this objective as regards non institutional rehabilitation services foster care sponsorship and aftercare services have been retained in the new Act with some changes as regards institutional care observation homes special homes and places of safety remain as the childcare institutions catering to children in conflict with law whereas children's homes and open shelters remain as a childcare institutions catering to children in need of care and protection specialized adoption agencies have been established for housing orphans abandoned and surrendered children placed there by an order of the Child Welfare Committee for the purpose of adoption the legal framework governing adoption has also been strengthened children who are orphaned abandoned surrendered in the juvenile justice system and often languish in institutions can now benefit from being legally adopted and cared for by a loving family enjoying all the rights privileges and responsibilities that are attached to a biological child the law however introduces the transfer system which provides for children aged 16 to 18 years alleged to have committed a heinous crime to be treated differently from other children in conflict with law it provides for a preliminary assessment to be undertaken by the Juvenile Justice Board for such children based on which they could be transferred to the adult criminal justice system for trial and sentencing as adults these children do not receive the full gamut of entitlements available for other children in conflict with law the principle of fresh start would not apply to them and records related to their conviction will be preserved by the Juvenile Justice Board the children's court and the police and not destroyed a procedure that is adopted for the management of criminal records for children who commit petty and serious crime in order to give them a clean slate and able them to start afresh leaving their past behind this creates a likelihood that children who commit heinous crime will not be treated on par with other children who have committed serious or petty crime when it comes to employment admission into educational institutions etc moreover failure by the state to ensure that rehabilitation during the period of detention till they turn 21 years of age could lead them to ultimately being sent to adult prisons the list of stakeholders and functionaries has been expanded to include rehabilitation complacent officers child welfare officers child welfare police officers etc there is also a greater scope for involvement of civil society in the implementation of this act there are some changes in the procedure for Appeals on orders passed for children in need of care and protection and children in conflict with know what the aims of the Juvenile Justice Act 2015 the LOC title of the Act states an act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care protection development treatment social reintegration by adopting a child friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided and institutions and bodies established here in under and for matters connected therewith or incidental thereto the underlined text signifies the additional term introduced by the Juvenile Justice Act 2015 which were not included in the long title of the Juvenile Justice Act 2000 the preamble to the juvenile justice Act 2015 states that it is expedient to enact the JJ act 2000 taking into a consideration articles 1539 e and f article 45 an article 47 of the Constitution as well as the United Nations Convention on the Rights of the Child which India ratified on the 11th of December 1990 recognizing that it has prescribed a set of standards to be adhered to by all state parties in securing the best interests of the child and The Hague Convention on the protection of children and cooperation in respect of inter-country adoption 1993 ratified by India in 2003 the act is an endeavor to ensure that all the needs of children are met and that their basic human rights are fully protected now let me introduce you to children in need of care and protection children in conflict with law and child victims of crime and the authorities before home such children are to appear for inquiry or trial the Juvenile Justice Act 2015 deals with three broad groups of children as explained below child in need of care and protection or vulnerable children need not be pushed into the juvenile justice system as long as they have the protection of family or guardian the law therefore provides for procedures authorities functionaries and services that ensure vulnerable children who require justice care protection treatment development rehabilitation and reintegration by the state receive the same as an entitlement section to sub Clause 14 of the Juvenile Justice Act 2015 lists the kinds of children would fall onto the definition of a child in need of care and protection by the state under this act the Child Welfare Committee is the authority vested with the power of a judicial magistrate of the first glass to dispose of cases for the care protection treatment development and rehabilitation of children in need of care and protection as well as to provide for their basic needs and protection it has to conduct inquiries into the cases of all children produced before them and pass orders that are in their best interests for example though a child may be facing problems within her family she need not be produced before the child welfare committee unless she falls within the scope of this definition of a child in need of care and protection and one such scenario could be that the said child is at risk as her mother has died and her alcoholic father has threatened to send her off the district magistrate has to conduct a quarterly review of the functioning of the child welfare committee and also be the grievance and wrestle Authority for complaints somebody may have against the functioning of the CWC a central authority which is the government department recognized as such under the Hague Convention on protection of children and cooperation in inter-country adoption 1993 also has to be established the central adoption resource authority formerly the central adoption Resource Agency or Carra has now been vested with various functions in relation to adoption of children under this act now let us come to children in conflict with law the law also deals with children in conflict with law defined as children who are alleged or found to have committed an offense and who have not completed 18 years of age on the date of the commission of such offence it provides for procedures authorities functionaries and services that ensure children in conflict with law receive justice care protection treatment development and rehabilitation and reintegration by the state children allege to be in conflict with law and those found to be in conflict with law after inquiry are treated differently under this act the Juvenile Justice Board has the exclusive power to deal with all procedures relating to children in conflict with law and to adjudicate and dispose cases as for the procedures for inquiry the law also provides for the Juvenile Justice Board to conduct a preliminary assessment for all children aged 16 to 18 years of age alleged to have committed a heinous crime in order to determine whether such child should be dealt with as a child or as an adult if the child is to be dealt with as an adult he is then transferred to the Children's Court a court in the adult criminal justice system that deals with crimes against children the third group that comes under this act are child victims of crime the Act also deals with child victims of offenses and in fact includes an entire chapter on offenses against children which expands the list of crimes against children and penalties for the same as provided for under the Indian Penal Code and other existing laws it provides for any child in need of care and protection or child in conflict or law in the juvenile justice system who is also a victim of an offense to provide be provided access to justice and rehabilitation now we come to the basic principles of the Juvenile Justice Act 2015 this Act has incorporated the fundamental principles that were part of the earlier juvenile justice model rules 2007 with some modifications into Section 3 of the Act resulting in these principles having a greater standing in law the section contains 16 principles which the central government state governments the Juvenile Justice Board and other agencies must be guided by in the administration of the Act these include the principles of dignity and worth participation best interest family responsibilities safety non stigmatizing semantics equality and non-discrimination right to privacy and confidentiality institutionalization as last resort etc these principles have to be applied while dealing with every child and at every stage of the proceedings for example in order to apply the principle of non stigmatizing semantics stakeholders should make all efforts to avoid labeling children in conflict with law as murderers convicts or rapists similarly child victims of trafficking for sex should not be labeled as prostitutes as this will damage their psyche and prevent rehabilitation back into the community the police should apply this principle of equality and non-discrimination by treating a child who has spent time on the streets the very same way as they would treat a school going child from a rich family now let us discuss child care institutions which are to be established under the Juvenile Justice Act 2015 first let us deal with child care institutions for children in conflict with law observation homes are to be established in every district or group of districts for the temporary reception care and rehabilitation of any child alleged to be in conflict with law during the pendency of an inquiry special homes are to be set up for housing and providing rehabilitative services to children who are found to have committed an offense and ordered to be sent to an institution by order of the Juvenile Justice Board or the Children's Court finally a place of safety not being a police lockup or jail is to be established separately or attached to an observation home or a special home for children alleged or found to be in conflict with law by an order of the Juvenile Justice Board or the Children's Court both during inquiry and ongoing rehabilitation after having been found guilty for a period and purpose as specified in the order now let us talk about child care institutions for children in need of care and put action children's homes are to be established for the purpose of placement of children in need of care and protection for their care treatment education training development and rehabilitation open shelters are to be established as community-based facilities for children in need of residential support on short term basis with the objective of protecting them from abuse or weaning them or keeping them away from a life on the streets finally specialized adoption agencies are to be established for housing orphans abandoned and surrendered children and placed there by order of the Child Welfare Committee for the purpose of adoption fit facilities these are facilities run by government or civil society organizations or non-governmental organizations and may be recognized by the Juvenile Justice Board or the Child Welfare Committee for a specific purpose for children in conflict with law or for children in need of care and protection respectively now let us talk about the structures that are to be established under the Juvenile Justice Act 2015 the state government is required to establish the state child protection society and the state child protection unit at the state level to ensure implementation of the Act the district child protection units are to be established which are the focal points for an implementation of the Act in the district management committees are to be set up in every child care institution to manage the institution and monitor the progress of every child while children's committees are to be created in every child care institution to enable children to participate in various activities for their safety and well-being finally special juvenile police units are to be established in every city or district in order to coordinate all functions of police related to children and these also include the railway police who are the stakeholders to be involved in the implementation of the Juvenile Justice Act 2015 these include the central and state government the Ministry of Women and Child Development and the Department of Women and Child Development is the northern ministry and Laurel department at the central government and state government level respectively for the implementation of this act the state government appoints various functionaries which include superintendents probation officers including legal comm probation officers caseworkers child welfare officers social workers counselors etc it also has to establish the Juvenile Justice fund training has to be provided to all stakeholders numerous other departments also have a role in the implementation of the Act such as the Home Department Department etc the Juvenile Justice boards the Child Welfare committees and the children's courts also play a role in passing orders for children under this act the national or state commission for protection of child rights the national and state commissions for protection of child rights have been empowered to monitor the implementation of the jg act legal services authorities the JJ act 2015 also reiterates that our children should have access to legal aid services including through the Legal Services Authority the executive chairperson of the Legal Services Authority has also been made the chairperson of a high-level committee to monitor pendency in the JJ B's at the state level individuals from the community or from non-government agencies the law also provides for individuals organizations agencies to also support the implementation of this act NGOs are empowered to run or manage child care institutions and fit facilities and/or provide group foster care services vocational training or community services prepare social investigation reports follow up on individual care plans etc individuals with the necessary expertise may also be authorized to perform certain duties these include fit persons social workers counselors and psychosocial experts universities can play a role in evaluating structures corporates are encouraged to support the rehabilitation of children by contributing to the juvenile justice fund children and families to also play an important role in not only aiding in the implementation of the Act but in also ensuring that their rights are claimed and realized in this module you would have been able to get a basic overview of what the Juvenile Justice Act 2015 aims to do how it differs from the previous Juvenile Justice Act 2000 the importance given to rehabilitation and social integration the groups of children the law deals with the idea that basic principles have to be at the er-2 in the administration of the Act an introduction to the various kinds of child care institutions and authorities that are to be established and the range of stakeholders responsible for its implementation for more information you may choose to watch the videos or use the reference material that has been provided with this module thank you