The JJ Act
The Juvenile Justice (Care and Protection) Act, 2000
Evolution of the Act
The first Juvenile Justice Act in India was implemented in 1986. This act aimed to provide a rational way of dealing with neglected children and delinquent juveniles. In 2000, this act was replaced by the Juvenile Justice (Care and Protection) Act. “The main deficiency in the old Juvenile Justice Act of 1986 was that it did not provide for the differential approach to delinquent juveniles and neglected juveniles” . An amendment to the act was passed in 2006. This amendment mostly clarified parts of the 2000 act; for example, it explained that the age of a person at the time of committing a crime shall be used to determine whether he/she is a juvenile, not the age at which the case is reported. In 2007, the Department of Women and Child, Government of India, published rules under the Juvenile Justice (Care and Protection) Act, 2000.
Essence of the Current Act and Rules
The current act was implemented in the year 2000 and amended in 2006. The current rules under this act, implemented by the executive, came into force on 26th October, 2007.
The act aims to provide proper care, protection, treatment, and rehabilitation to children in need of care and protection as well as juveniles in conflict with the law in a child-friendly manner that is in the children’s best interest.
The rules made under the act lay down child-friendly principles to be followed in implementing the act including principles of presumed innocence, treatment of children with dignity, children’s right to be heard, best interest of the children, safety (protection from harm and abuse), privacy and confidentiality, and fresh start (by erasure of past records).
The act is divided deals with juveniles in conflict with the law and children in need of care and protection in separate section.
Juveniles in Conflict with the Law
• The competent authority dealing with such juveniles is the Juvenile Justice Board (JJB) consisting of three members. There should be one or more JJB(s) every district.
• While an investigation is underway, a child may be temporarily housed in an Observation Home. If convicted, a child may be kept in a Special Home. However, the child can never be kept in a police lockup or jail.
• When a juvenile in conflict with the law is apprehended by the police, he/she must be presented before the JJB within 24 hours of apprehension (excluding any transportation time to and from the JJB). If the child’s guardians are present, the JJB can release the child on bail depending on the nature of the crime. If bail is not granted to the child, he/she is sent to an observation home. The police must then file a charge sheet before the JJB (within 90 days if the child has not been granted bail). During investigation, the JJB may meet the child multiple times. Once the trial is over and if the juvenile has been found guilty, the JJB may pass orders against him/her including:
(a) Counseling of child and guardians. The child may also be sent for group counseling sessions.
(b) Order the child to perform certain hours of community service.
(c) Pay a fine.
(d) Release the child to parents or a “fit person” on probation of good conduct for up to three years
(e) Put the child in a special home for up to three years.
• To protect the child’s privacy, no media may publish the child’s name, school, address, or any other identifying information.
• The act also specifies punishments for exploiting a child, employing a child as a beggar, providing a child with drugs or intoxicating substances.
Children in Need of Care and Protection
• The competent authority dealing with such neglected children is the Child Welfare Committee (CWC) consisting of five members. There should be one CWC for every district or group of districts.
• The child may be brought to the CWC by the police, an NGO, or any citizen. While an investigation is underway, a child may be temporarily housed in a government recognized Children’s Home (not Observation Home or Special Home). If the child cannot be restored to the parents (ex. child is an orphan, situation at home is not conducive to the child’s development and growth, etc.), he/she may be handed over to a children’s home, shelter home (for street children), a fit person (ex. foster parents), or other recognized children institutions.
Challenges in the Functioning of this Act
There have been a number of challenges in implementing the Juvenile Justice Act. Although Prayas is doing a wonderful job handling the observation home in Ferozshah Kotla, a study similar to the one in April 1996 by the government high powered committee is needed to determine if the issues raised in the study, such as physical/sexual abuse of children and derelict conditions of the homes have been solved in the homes that are still under government branches. Sometimes, when there are too many cases pending with the JJB, Prayas Observation Home is forced to run in overcapacity and it becomes difficult to abide by the rules under the act that mandate minimum room space and other requirements for the children. With the establishment of a second JJB in December, 2007, cases are now being disposed off much faster and now the home generally runs at much less than its maximum capacity of children.