The Juvenile Justice (Care And Protection If Children) Act, 2015 Act N0.2 Of 2016

Introduction: Introduction: The Act is a consolidates law relating to Children alleged and found to be in conflict with law and children in need of care and protection considering for their (Children) proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudicating and disposal of matters in the best interest of children and for their rehabilitees through process provided and institutions and bodies established in the Juvenile Justice (care and protection of children) Act, 2015, repealing the Act,2000. As enshrined in the constitution of India under Articles 15 (3), 39(e), (f), 45 and Article – 47 that, the state to ensure all the needs of children are met and that this basic human rights are fully safeguarded !protected And at the same time or in consonant with above Article mentioned, our country, India has being a signatory to three Treatise; conventions of the world, namely; (1) The Convention on the Rights of the Children adopted by UN General Assembly wherein it has prescribe a set of standard norms to be adheres by all state Parties in securing the best interest of the child. (2) The Convention on the Rights of the child, the UN Standard Minimum Rules for the Administration of Juvenile Justice, l 985, (the Beijing Rules). (3) The United Nation Rules for the protection of Juvenile Deprived of their Liberty (1990) also the Hague Convention on Protection of Children and Co-operation in respect of inter-country adoption, (1993). Object Of The Act: That this Act has been enacted to give full and complete effect to the country’s international obligation being a signatory to above mentioned Conventions and relevant constitutional provisions and judicial verdict render from time to time. The Act, is a beneficial piece of legislation and must therefore, secure its due interpretation as a legislation for the said category for whom the law had been enacted Highlight of Juvenile Justice Act, 2015. 1. It replaced or repealed Juvenile Justice (Care and Protection of Children) Act, 2000, with effect from151h Jan 2016. The Act, addresses Children in conflict with law and Children in need of care and protection Children in confect with law:A children who is alleged or found to have committed an offence and who has not completed 18 years of age on the date of commission of such offence. Sec.2 ( 13)Children in need of Care and Protection. Child /Children Means:I. Found without any home place of abode or without any visible means of subsistence, or. II. Found as child labour begging or living on the street; or III. Resides /stay with a person (whether guardian of the child or not) and such person:- (a) Has injured/exploited/labored the child or violated any other law for their being in force for protection of child or (b) Has threatened to kill/anyone/exploit/abuse the child and there is reasonable likelihood of the threat being carried out, or (c) Such child has been killed/abused/neglected/exploited by that person; or IV.  Mentally ill/physically challenged suffering from terminal or in curable disease, having no one to support or having parents or guardians to take care; or V.  Child who does not have parents and no one is willing to take care of or whose parents have abandoned or surrendered him/her; or VI. Child missing/run away from home whose parents cannot be found after making reasonable inquiry; or VII. Child likely to be abused tortured exploited for the purpose of sexual abuse or illegal acts: or VII. Child found vulnerable and likely to be inducted into drugs abuse/trafficking or for unconscious gains; or IX. Who is a victim of affected l-v any armed conflict, civil unrest or natural calamity; or X. Child marriages whose parents, family members or guardians are responsible. Sec 2(14) 2. The ages of Juvenile to be tried as adultsOffence committed by Juveniles are categories as:- I. Heinous offences/crimes (those with minimum punishment of seven (7) years of imprisonment under IPC or am other law.) II. Serious offences, crimes (three (3) to seven (7) years imprisonment under IPC or any other law.) Ill.  Petty offences { below three (1) years of imprisonment under IPC or any other law). It is t be noted that a juvenile cannot be given life imprisonment without the possibility of release or death penalty. 3. The Act Made Mandatory To Constitute, Juvenile Justice Boards ( JJB ) and Child Welfare Committee ( CWC ) will be constituted in each district. The JJB will conduct a preliminary enquiry to determine whether a juvenile offender is to be sent for rehabilitation or be tried a an adult The CWC will determine institutional care for children in need of care and protection. The Board (.TJB) shall consist of a metropolitan Magistrate or a judicial Magistrate  of First class not being Chief metropolitan Magistrate or Chief Judicial Magistrate called as principle Magistrate, with at least three years experience and two social workers selected in such manner as may be prescribe of whom at least one shall be a woman, forming Bench, and every such Bench shall have the powers conferred by the code of criminal procedure, 1973 on a metropolitan Magistrate or, as the case may be that of Judicial Magistrate First class. 4 Eligibility of Adoptive Parents, procedure for Adoption have been included in the bill/Act; (1) The adoptive parents shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing of the child. (Il) In case of a coup! e, the consent of both the spouses shall be required (Ill) A single or divorced person can also adopt, subject to fulfilment of the criteria framed by authority (IV) A single male is no eligible to adopt a girl child (Sec.57) 5.  Observation Homes, The State Government shall establish and maintain in every district or a group district, either by itself or through voluntary or non-government organization to run observation homes for temporary reception, care and rehabilitation of any child alleged to be in conflict with law, during the pendency of any inquiry under this Act, and provide various type of service for rehabilitation and social integration of the Juvenile alleged to be in conflict with law. {Sec.47) 6.  Special Homes, the State Government shall establish and maintain in every district or a group of district, either by itself or through voluntary or non-government organization to run special houses for rehabilitation of those children in conflict with law or who found to have committed an offence and who are place there by an order of the JIB, and to provide various types of services which are necessary for social reintegration of a child, also segregation and separation of child found to be in conflict with law on the basis of age, gender, and the nature of offence committed by them and the child’s mental and physically status. (Sec 48) 7.  Place of Safety, the State Government shall set up at least one place of safety in a state registered so as to place a person below the age of 18 years or Child in conflict with law, or who is between the age of 16-18 years and accused of or convicted for committing a heinous offence or during the process of inquiry. (Sec. 49) 8. Children’s Home, the State Government may establish and maintain in every district or group of district, either by itself or through voluntary or non-governmental organizations, for the placement of Children in need of care and protection for their care, treatment, education, training, development and rehabilitation. (Sec.50)9. A side from punishment for child labour, the Act, provide penalties for; (a) Cruelty against a child, imprisonment up to 3 years which may be extent up to ten years and shall also be liable to fine of One Lakh Rupee or five Lakh rupees or both depending on the category of the offender as prescribe in the Act. (Sec.75) (b) Whoever employs or uses any child for the purpose of begging or courses any child to beg shall be punish with imprisonment for a term which may extent to five years or shall be punishable with rigorous imprisonment for not less than seven years which may extent up to ten years, and shall also be liable to fine of One Lakh Rupees as prescribe in the Act (Sec. 76) (c) Penalty for giving intoxicating liquor or narcotic drugs or psychotropic substance to a child except on the order of a duly qualified medical practitioner, shall be punishable with rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine which may extent up to One Lakh Rupees. (Sec. 77) (d) Using child for peddling or smuggling any intoxication liquor, narcotic drugs or psychotropic substance, shall be liable for rigorous imprisonment for a term which may extent to seven years and shall also be liable to fine up to One Lakh Rupees. (Sec.78) (e) Exploitation of a child employee, that is, engages a child and keep him in bondage for the purpose of employment or withholds his earnings or uses such earnings for his own purposes shall be punished with rigorous imprisonment for a term which may extent to five years and shall also be liable to fine One Lakh Rupees. For this purpose, “employment” shall also include selling goods and services, and entertainment in public places for economic gain.(Sec.79) (f) Sale of Procurement of Children for any purpose shall be punishable with rigorous imprisonment for a term which may extent to five years and shall also be liable to fine of One Lakh Rupees, where such offence is committed by a person having actual charge of the child like employees of a hospital or nursing home or maternity home shall not be less than three years and may extent up to seven years. (Sec.81) (g) For Corporal Punishment, Any person in charge of or employed in a Child Care Institution who subject a child to corporal punishment for disciplining the Child, shall be liable, on the first conviction, to a fine of Rs. Ten thousand rupees and for every subsequent offence shall be liable for imprisonment which may extend to three months or fine or both. Also be liable for dismissal from service and shall be debarred from working directly with children thereafter And if the Management of such Institution dose not Co-operate with any enquiry or comply with orders of the Committee or the board or court or State Government, the person in-charge of the Management of the Institution shall be liable for punishment with imprisonment for a term not less than three years and shall also be liable to fine which may extent to One Lakh Rupees (Sec. 82) (h) Use of child by militant groups or other adults, or any non-State, self-styled militant group or outfit declared as such by the central Government of recruits or uses any child for any propose/purposes or any illegal activities either individually or as gang shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine Five Lakh rupees. (Sec.83) (i) Kidnapping and Abductions of Child, the provision Indian penal Code (IPC) Sections 359-369 shall mutatis (having change as required) a minor child who is under the age of eighteen years and all provisions shall be construed accordingly (j) Offence Committed on Disable Children, Whoever commits any of the offences referred above/in the Act, on any child who is disable as so certified by a medical practitioner, then, such person shall be liable to twice the penalty provided for such offence. The term “disability ‘’ shall have the same meaning as assigned to it under Section ~2 (1) of the person with disability Act, 1995. (Sec.85) (k) For Abetment, whoever abets any offence under this Act, and if the act abetted is committed, shall be punished with the punishment provided for that offence as per IPC. (Sec.87)(l) Alternative Punishment , whereby any offence, Punishable under this Act and also under any other law for the time being in force, then, not withstanding anything contained in any act, the offender found guilty of such offence shall be liable for punishment under such law which provides for punishment which is greater in degree (Sec.88). (m) Any offence committed by any child under this Act shall be considered as a Child in conflict with law. (Sec 89). 10 Classification of Offence and Designated Court; (i) Where an offence is punishable with imprisonment for a term more than seven years, then, such offence shall be cognizable, non-bailable and triable by Children ‘court’ i e session court (ii) Where offence under this Act is punishable imprisonment for a term f three years, and above but not more than seven years, then such offence shall be cognizable, non-bailable and triable by a Magistrate of First class. (iii) Where an offence, inder this Act, is punishable with imprisonment for less than three years or with fine only, than such offence shall be non-cognizable, bialable and triable by any Magistrate. Notes: 1. The Juvenile Justice (Care & Protection Of Children) Act, 2015 (This article is published in public interest)

Advocate Akhotso Kehie M.A (SOC) BA (HON), LLBJJB, MEMBER