Juvenile Justice (JJ) Act

Juvenile Justice (JJ) Act

How can a Juvenile be tried as an Adult in Court?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Juvenile Justice Act, 2015

Mains level: Read the attached story

Central idea: In this article, we will discuss the process of trying juveniles in the age group of 16-18 as adults in court and the responsibilities of the Juvenile Justice Board.

About Juvenile Justice Act, 2015

Description
Purpose To provide for the care, protection, and rehabilitation of children in need of care and protection, and for the adjudication of delinquent juveniles accused of committing an offence.
Age group covered Act covers children up to the age of 18 years.
Categories of offences Offences committed by children are categorised into petty offences, serious offences, and heinous offences.
Trial of children as adults For the first time, the Act provided for trying juveniles in the age group of 16-18 as adults in cases of heinous offences.
Role of Juvenile Justice Board The Juvenile Justice Board (JJB) is responsible for the care, protection, and rehabilitation of children in need of care and protection, and for the adjudication of delinquent juveniles accused of committing an offence.
Role of Child Welfare Committee Child Welfare Committee (CWC) is responsible for the care, protection, and rehabilitation of children in need of care and protection.
Prohibition of disclosing identity Act prohibits the disclosure of the identity of a child in conflict with the law and mandates that the child be dealt with in a child-friendly manner.
Monitoring and review National Commission for Protection of Child Rights (NCPCR) is responsible for monitoring the proper implementation of the provisions of the Act, and conducting reviews and evaluations.

 

Issues with Juvenile’s trial

There are several issues with the trial of juveniles as adults. Here are some of them:

  • Latent consequences: Juveniles are generally not mature enough to understand the consequences of their actions fully. Trying them as adults can lead to disproportionate sentences and undue punishment.
  • Losing scope for rehabilitation: Young offenders have a higher potential for rehabilitation and reform than adult offenders. Trying them as adults can limit their chances of being reformed and reintegrated into society.
  • Issue in legal representation: Juveniles may not have access to legal representation or may not understand their rights. Trying them as adults can result in unfair trials and convictions.
  • Impact on mental health: Being tried as an adult can have a severe impact on a juvenile’s mental health and well-being. It can lead to anxiety, depression, and trauma.
  • Stigma and discrimination: Juveniles who are tried as adults may face stigma and discrimination throughout their lives, affecting their ability to secure jobs, education, and housing.

NCPCR lays guidelines for juvenile’s trial

  • The National Commission for Protection of Children (NCPCR) has issued guidelines for conducting a preliminary assessment by the Juvenile Justice Board (JJB).
  • This has been done under Section 15 of the Juvenile Justice Act, 2015, to ascertain whether a juvenile can be tried as an adult.
  • For the first time, the Act has provided for trying juveniles as adults in cases of heinous offences.

Stipulated categories of offences

  • The Juvenile Justice Act categorizes offences committed by children into three categories –
  1. Petty offences
  2. Serious offences
  3. Heinous offences
  • Section 15 of the Juvenile Justice Act states that a preliminary assessment should be conducted by the Board in cases where a child above the age of 16 is alleged to have committed a heinous offence.
  • The assessment should focus on the child’s mental and physical capacity to commit the offence.
  • It should also consider the child’s ability to understand the consequences of the offence and the circumstances in which it was committed.

Responsibilities of the Juvenile Justice Board

  • Assessment of the offender child: The Act directs that the Board shall consider the mental and physical capacity of the child for committing the alleged offence, the ability to understand the consequences of the offence, and the circumstances in which the offence was committed.
  • Psychological ‘trial’: It states that the Board can take the assistance of experienced psychologists or psychosocial workers or other experts. The Act also gives a disclaimer that the assessment is not a trial, but is only to assess the capacity of the child to commit and understand the consequences of the alleged offence.
  • Arriving at conclusion: After the assessment, the Board can pass an order saying there is a need to try the said child as an adult and transfer the case to a children’s court with the relevant jurisdiction.
  • Penalty: If tried as a minor, the child could be sent to a special home for a maximum of three years. If tried as an adult, the child can be sentenced to a jail term, except being sentenced to death or life imprisonment without the possibility of release.

What is the preliminary assessment process?

  • The Social Investigation Report (SIR) is prepared by a probation officer, child welfare officer, or any social worker, and the Social Background Report (SBR) is prepared after interacting with the child or child’s family.
  • During the preliminary assessment, the Board and experts analyze and consider these reports.
  • If the Board decides that a child should be tried as an adult after the preliminary assessment, the case may be transferred to the Children’s Court with jurisdiction to try such offences.

Issues in implementation

  • The major issue remains the implementation and absorption of these principles in the system, particularly to be followed by the JJB and the Children’s Court.
  • A lot of principles which have been made a part of the Act have not been given due prominence by the Board as well as by the Children’s Court.

Conclusion

  • The NCPCR is under a statutory obligation under Section 109 of the JJ Act, 2015 to monitor the proper implementation of the provisions of the Act.
  • The guidelines have been made to remove any ambiguity and to clarify the steps that need to be followed while conducting the preliminary assessment.

 

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Juvenile Justice (JJ) Act

NCPCR draft guidelines for trying Minors as Adults

Note4Students

From UPSC perspective, the following things are important :

Prelims level: JJ Act

Mains level: Heinous offences and Minors

The National Commission for Protection of Child Rights (NCPCR) has come up with draft guidelines on the preliminary assessment of whether certain minors are to be tried under law as adults in particular cases, under the Juvenile Justice (Care and Protection of Children) Act.

Juvenile Justice Act, 2015 and Adults

  • The JJ Act, 2015 replaced the Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000.
  • It allows for juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults.
  • The Act also sought to create a universally accessible adoption law for India.
  • It came into force from 15 January 2016.

Preliminary assessment as per the JJ Act

  • Assessment of the offender child: The Act directs that the Board shall consider the mental and physical capacity of the child for committing the alleged offence, the ability to understand the consequences of the offence, and the circumstances in which the offence was committed.
  • Psychological ‘trial’: It states that the Board can take the assistance of experienced psychologists or psychosocial workers or other experts. The Act also gives a disclaimer that the assessment is not a trial, but is only to assess the capacity of the child to commit and understand the consequences of the alleged offence.
  • Arriving at conclusion: After the assessment, the Board can pass an order saying there is a need to try the said child as an adult and transfer the case to a children’s court with the relevant jurisdiction.
  • Penalty: If tried as a minor, the child could be sent to a special home for a maximum of three years. If tried as an adult, the child can be sentenced to a jail term, except being sentenced to death or life imprisonment without the possibility of release.

Why has the NCPCR come up with draft guidelines now?

  • The Supreme Court is hearing a case related to the murder of a Class 2 student in Haryana, allegedly by a 16-year-old.
  • The task of preliminary assessment under the JJ Act is a ‘delicate task’, concluded SC.
  • It said that the consequences of the assessment on whether the child is to be tried as an adult or a minor are “serious in nature and have a lasting effect for the entire life of the child”.
  • It said that the assessment requires expertise and directed that appropriate and specific guidelines be put in place.
  • It had left it open to the Central government and the National and State Commissions for the Protection of Child Rights to consider issuing the guidelines.

Major draft guidelines by NCPCR

The draft relying on already existing provisions in the Act says that the preliminary assessment has to determine following aspects:

  • Physical capacity of the child: To determine the child’s ‘locomotor’ abilities and capacities, particularly with regard to gross motor functions such as walking, running, lifting, throwing…such abilities as would be required to engage in most antisocial activities.
  • Mental capacity: To determine the child’s ability to make social decisions and judgments. It also directs assessments pertaining to mental health disorders, substance abuse, and life skills deficits.
  • Circumstances in which the offence was allegedly committed: Psychosocial vulnerabilities of the child. This is to include life events, any trauma, abuse, and mental health problems, stating that the offence behaviour is a cumulative consequence of a lot of other circumstances.
  • Ability to understand the consequences of the alleged offence: To determine the child’s knowledge or understanding of the alleged offence’s social, interpersonal and legal consequences. These include what others will say or perceive him, how it might affect his personal relationships and the knowledge of relevant laws, respectively.
  • Building a rapport: It also states that the experts must be given an optimal opportunity to interact with the child to build a rapport. Experts can be from the field of child psychology and psychiatry. It also states they must undergo regular training.
  • Others: Other reports that the Board is to rely on include the Social Investigation Report, Social Background Report an Individual Care Plan, statements of witnesses and interaction with parents, guardians, school staff, peer groups and neighbours.

Way forward

  • Government should amend JJ Act 2015.
  • Such an amendment would go a long way in providing the requisite balance between the rationales underlying the juvenile justice system and the criminal justice system and realizing the objectives professed by both.

 

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Juvenile Justice (JJ) Act

Proposed amendments to the Juvenile Justice Act, 2015

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Juvenile Justice Act, 2015

Mains level: Key provisions of Juvenile Justice Act

The Union Cabinet has approved a slew of amendments to the Juvenile Justice (Care and Protection of Children) Act, 2015.

What are the key features of Juvenile Justice (Care and Protection of Children) Act, 2015? Discuss the proposed amendments by the WCD ministry.

Juvenile Justice Act, 2015

  • The JJ Act, 2015 replaced the Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000.
  • It allows for juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults.
  • The Act also sought to create a universally accessible adoption law for India.
  • The Act came into force from 15 January 2016.

Key features

  • Change in nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’, across the Act to remove the negative connotation associated with the word “juvenile”
  • Inclusion of several new definitions such as orphaned, abandoned and surrendered children; and petty, serious and heinous offences committed by children;
  • The Act mandates setting up Juvenile Justice Boards and Child Welfare Committees in every district. Both must have at least one woman member each.
  • Special provisions for heinous offences committed by children above the age of sixteen years – Under Section 15, special provisions have been made to tackle child offenders committing heinous offences in the age group of 16-18 years (in response to the juvenile convict in Nirbhaya Case).
  • Separate new chapter on Adoption to streamline adoption of orphan, abandoned and surrendered children – To streamline adoption procedures for orphan, abandoned and surrendered children, the existing Central Adoption Resource Authority (CARA) is given the status of a statutory body.
  • Inclusion of new offences committed against children – Sale and procurement of children for any purpose including illegal adoption, corporal punishment in child care institutions, use of child by militant groups, offences against disabled children and, kidnapping and abduction of children.
  • Penalties for cruelty against a child– offering a narcotic substance to a child, and abduction or selling a child has been prescribed.
  • Mandatory registration of Child Care Institutions

What are the news amendments?

The amendments are aimed at strengthening the Child Protection set-up to ensure the best interest of children.

(A) More powers to the DM

  • These include empowering the DMs and the additional DMs to monitor the functioning of agencies responsible for implementing the JJ Act.
  • The District Child Protection Units will function under the DMs.

(B) Evaluating shelter homes

  • Before someone sets up a shelter home for children and sends their proposal for registration under the JJ Act to the State, a DM will have to assess their capacity and conduct a background check.
  • A DM could also independently evaluate the functioning of the Child Welfare Committee, Special Juvenile Protection Units and registered childcare institutes, the Minister stated.

(C) Members of committees

  • The proposed amendments also define the eligibility parameters for the appointment of members of the Child Welfare Committees.
  • These committees are tasked to decide on children in need of care and protection and mandate their background checks.

(D) Definition of Children

  • It is also proposed to expand the definition of children in need of care and protection and include those children who have been victims of trafficking or drug abuse or child labour.
  • It would also include those children who have been abandoned by their guardians.

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Everything that you need to know about the recently passed Juvenile Justice Bill

The Juvenile Justice Bill, 2014 introduced by the Minister of Women and Child Development, Maneka Gandhi, in the Lok Sabha on August 12, 2014 and now passed in the both house of Parliament. Let’s take it in brief!

Juvenile Justice?
Juvenile Justice?

Let’s first take a glance over its background?

  • The new Juvenile Justice Bill, 2015 has a provision that allows juvenile accused aged between 16 and 18 years who are accused of heinous crimes like rape, murder, etc., to be tried under the Indian Penal Code (IPC).
  • According to the proposed law, matters are to be presented to the Juvenile Justice Board on a case-by-case basis.
  • Board will then decide, based on an assessment of the mental state of the child, whether the crime was committed with/without an understanding of its consequences.
  • Based on this assessment, the juvenile offenders will be treated under either IPC or the JJ Act. The board will be aided by experts in making that decision.

Let’s take a dive into the more details

What are the significant provisions of bill?

  • The Bill replaces the Juvenile Justice (Care and Protection of Children) Act, 2000.
  • It seeks to address challenges in the existing Act such as delays in adoption processes, high pendency of cases, accountability of institutions, etc.
  • The UN Convention on the Rights of the Child requires all signatory countries to treat every child under the age of 18 years as equal.
  • The provision of trying a juvenile as an adult contravenes the Convention.
  • The Bill further seeks to address children in the 16-18 age group, in conflict with law, as an increased incidence of crimes committed by them have been reported over the past few years.

What’s the scope of the bill?

  • The Bill defines a child as anyone less than 18 years of age. However, a special provision has been inserted for the possibility of trying 16-18 year olds committing heinous offences, as adults.
  • A heinous offence is defined as one for which the minimum punishment under the Indian Penal Code(IPC) is 7 years.

Is that provision leads to violation of Articles 14, 21 and 20(1) of the Constitution?

How does it affect Article 14?

  • Article 14 states that every person shall be treated equally before law.
  • It has been interpreted that unequal treatment may be permitted between different sets of people only if there is a clear public purpose sought to be achieved by such unequal treatment.
  • The Bill creates a distinction between 2 juvenile offenders committing the same offence on the basis of the date of apprehension.

And what about Article 21?

  • Article 21 states that no person can be deprived of their right to life or personal liberty, except according to procedure established by law.
  • Courts have interpreted this to say that any law or procedure established should be fair and reasonable.
  • The differentiation based on the date of apprehension may fail this standard.

So, again Article 20(1) also affects?

  • Article 20(1) of the Constitution states that a person cannot be subjected to a penalty greater than what would have been applicable to him, under a law in force at the time of commission of the offence.
  • Under the Bill, if a juvenile between the ages of 16-18 years commits an offence and is apprehended at a later date, he may face a higher penalty than what would be applicable to him if he had been apprehended at the time of commission of the offence.

Let’s move forward to main provisions of the bill

Why is there need of Juvenile Justice Boards (JJBs)?

  • One or more JJBs to be constituted, for each district, for dealing with children in conflict with law.
  • JJBs are composed of a Metropolitan or Judicial Magistrate and 2 social workers, one of whom shall be a woman.

Powers and responsibilities of the JJBs include –

  • Ensuring legal aid for a child.
  • Adjudicating and disposing of cases related to children in conflict with law.
  • Conducting regular inspection of adult jails to ensure no child is lodged in such jails and other inspection visits.
  • Conducting inspection visits of residential facilities for such children.

Then, what is the role of Children’s Court?

  • A Children’s Court is a Court established under the Commissions for Protection of Child Rights Act, 2005 or a Special Court under the Protection of Children from Sexual Offences Act, 2012.
  • It will try 16-18 year olds that commit heinous offences, after confirming that they are fit to be tried as adults.
  • It ensures that a child in conflict with law is sent to a place of safety until he attains the age of 21 years, after which he is transferred to a jail.
  • During the child’s stay in the place of safety, reformative services such as counselling, etc. shall be provided.
  • The Court shall ensure periodic follow up reports by District Child Protection Units.

Let’s know the role of Child Welfare Committees (CWCs)?

States shall constitute one or more CWCs for each district for dealing with children in need of care and protection.

The powers and responsibilities of a CWC include:

  • Conducting inquiries.
  • Selecting registered institutions for the placement of a child.
  • Addressing orphans, abandoned children, surrendered children and sexually abused children, etc.

What are the key recommendations of Parliamentary Standing Committee (PSC) for bill?

The PSC on Human Resource Development (Chair: Dr. Satyanarayan Jatiya) submitted its report on the Bill on February 25, 2015.

[PSC is a committee created by Parliament from time to time to help deliberate or scrutinise activities under its responsibility. It’s created by, and defers to, the Parliament – either the Lok Sabha or the Rajya Sabha.]

Key recommendations include –

Constitutional provisions

  • The Committee noted that the 2000 Act recognises the sensitive age of 16-18 year olds and is reformative and rehabilitative in nature.
  • Subjecting juveniles to the adult judicial system would go against the principle of Articles 14 (unequal treatment of 16-18 year olds) and 15(3) (against the objective of protecting children) of the Constitution.
  • It also said that the Bill was in violation of Articles 20(1) and 21 of the Constitution.

NCRB data

  • One of the reasons cited for the Bill’s introduction is an increase in heinous offences committed by 16-18 year olds.
  • The Committee stated that this data compiled by NCRB is misleading as it is based on filing of FIRs and not actual convictions.

Implementation

  • The Committee observed that the Act is not being implemented well.
  • It recommended better implementation and uniform establishment of systems and procedures, by all agencies.

But, Why did Reports and experts differ to passed such law?

  • According to the National Crime Records Bureau, juveniles committed 31,725 crimes – 1.2 percent of the total number of serious crimes – in India in 2013.
  • By comparison, in the United States, juveniles were responsible for 25 percent of violent crimes in the same year.
  • The NCRB data said there were 17,795 cases of theft, burglary and physical assault by juveniles, and 2,074 rapes. The total number of rapes in 2013 was 33,707.
  • Child rights activists say judging the maturity of a juvenile is difficult as their brain is different in structure and functioning than that of an adult, and that conclusions drawn would be “unscientific” and “arbitrary”.
  • They say authorities should look at the profile of juvenile offenders, many are poor, uneducated and abused and give them the chance to reform, rather than punishing them blindly.

[So, If there are children engaging in violence, it is the fault and failure of the state. The state must respond to the violence of young people with kindness. Isn’t it?]

So, What’s Next ?

  • The newly passed law does not allow for juveniles to be sentenced to death or to life imprisonment without the possibility of release.
  • However, the new law will not apply to the December 2012 Delhi gangrape as criminal laws cannot be retrospective in nature.
  • Still, everyone looks happy for such law, reason we all know that, delayed but at least it finally happened.

What do you think on JJ Act, 2015? Let us know!


 

Published with inputs from Arun | Image: Credit to ipleaders 
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