RASHMi Juvenile

SCHOOL OF LAW
Offences against children and juveniles
TITLE- A Critical Study of Children Under Juvenile Justice System

in India
Date:06/10/2018
Submitted to: Submitted by:

Shalini Saxena Rashmi garg
Faculty of law iuu15bbl003
Semester –VII
Bba.llb
Abstract
This paper is based on a research project of a Critical and Comprehensive Study of Children
under Juvenile Justice Act. “Child ”mean a person who has not attain the age of 14 years and
juvenile is a person who not attain the age of 18 years. Juvenile Justice System is most unique
and lit up structure grasped by the world citizenry with all round advancement of children. The
prime focus is to change the savages and offer thought to the unprotected children. To the degree
practicable, a children to be rehabilitee and restored to the family. Children are everlastingly
blameless and they are ignorant of good and awful. Children turned out to be great subjects,
physically fit, rationally caution and ethically sound, blessed with the abilities and inspirations
required by society. Rise to open doors for improvement of all children amid the time of
development ought to be the point, for this would fill the bigger need of diminishing disparity
and guaranteeing social equity.
Keywords: Children’s Rights, Juvenile Justice System, Constitutional Law.

Definition of Child and Juvenile under the Juvenile Justice Act, 2015
“Child ”mean a person who has not attain the age of 14 years and is not mature to understand
that what is right and wrong . Juvenile who is very young , infant, child, but not a major who is a
person upto the age of 18 years. In modern era, the penal laws of most countries have adopted
the principle of ‘doli incapex’ a person who is below the age of 7 to 12 years because he has
insufficient to understand the consequnences after doing crime and he is incompetent to
understand the law. According to sub- section 12 of Section 2 of The Juvenile (Care and
Protection) Act, 2015 a “child” means a person who has not completed eighteen years of age.
Juvenile Justice System in India

In 1986 juvenile act came for the purpose to prevent and protection of juvenile. In India law is
above than person. It prevent the minds of juvenile in Puritive form and Puritive theory. A
particular person is not subjected to jail but he put into Bostal house, nari niketan etc. to reform
the mind of criminal juvenile in civilized society. . Thus, Indian Legislation came up with a new
act which was called as “The Juvenile Justice (Care and Protection of Children) Act, 2000.
This act extended to whole India expect to the State of Jammu and Kashmir. The primary
purpose of the Act was to provide care and protection, treatment, development and rehabilitation
of the neglected juvenile delinquent. The main aim of these act was-
 To amend the law relating to juveniles in conflict with law and children care and
protection.
 To provide the proper care and protection, treatment for the development of their basic
needs.
 To provide child friendly approach to keeping interest in mind while dealing with them.
Juvenile Justice Act , 2000

Juvenile justice (care and protection of children) act 2000 was enacted. The aim of this act was
provide protection for children. The purpose is to change the 1989 act by replacing it. This act
intent to provide care and protection of children and particular object is to enactment of special
law for care and protection of juvenile. Do not sent them in the jail but to the bostal house for
improvement.
Juvenile justice act 2000 was re-enacted with some modification. The major amendments were
made it in the year 2006 and 2010.
Juvenile Justice Act, 2015
Delhi Gang Rape in 2012, a new demonstration was passed Juvenile Justice Act, 2015 which
was an entire and united act, thinking about the arrangements of the Constitution, Convention on
tyke rights 1992, the UN Standard Minimum Rules for the Administration of JJ, 1985., the UN
Rules for the Protection of Juvenile Deprived of their Liberty (1990), the Hague Convention on
Protection of Children and Co-task in Respect of Inter-Country Adoption (1993), and other
related worldwide instruments.
The plans to unite the laws identifying with children affirmed and observed to be in strife with
law and child needing care and security by providing food and considering their essential needs
through legitimate care& assurance, advancement, treatment, social-joining, by embracing a
children well disposed methodology in the settling and transfer of issues to the greatest
advantage of children. The demonstration additionally centers around recovery of adolescent
guilty parties through different children care houses and foundations
Section 4- Juvenile Justice Board(JJB)

State government establish juvenile justice board. The three member is appointed that is judicial
magistrate of first class, Metropolitan magistrate with at least 3year of experience, two social
worker and whom shall be one of the woman. they should have knowledge of child psychology
and child welfare. Within 4 months the matter shall be decided.
Bail grant of the child

Sec-12 says that juvenile is entitled to bail. The person accused bailable or non bailable offence
who is minor has legal right of bail. Juvenile is entitled for bail in both condition. The child
presented before the juvenile justice board , realeased by JJB with surety or without surety. Bail
is given by the board. Security is subject to forfeiture if accused ran away. Accused has the right
of bail but JJB has right to deny the bail-
 To avoid misuse law and juvenile

 To protected juvenile interest not grant to release on jail.
JJB are enquire to authority to give order to special police unit. Such an inquiry is to be
completed within a period of four months. Section 12 mandates that a juvenile must be released
on bail as far as possible unless there are valid reasons for not allowing him bail.
Section-29 Child welfare committee
 State govt. establish child welfare committee by notification in gazettee . it consist one
district or group of district.
 Power and discharge of duty of committee in relation to child in need of care and
protection consist by chairman and four other member of the state govt. in 4 member
there shall be 1 woman and other one person is expert on matters related to child.
 Juvenile chairperson from executive authorities.
 Disposal of cases in bostal house , shelter homes.
 To rehabilitate the child after the decision of board regarding with the concerned cases.
Child care institutions

It means Children Homes, Open Shelter, perception home, exceptional home, place of wellbeing,
Specialized Adoption Agency and a fit office perceived under JJ Act, 2015 for giving
consideration and security to children, who need such administrations. With the end goal of this
archive the term child care institution will be limited to Observation Home, Special home and
Place of wellbeing. The term Institution utilized in the record will have the importance of CCI
which is limited to Observation Home, Special home and Place of wellbeing.
Adoption of child
Under sec 41 of juvenile justice act adoption is allowed in all religion. They file an application
before JJB for adoption of abandoned child. After enquiry JJB take cognizance and give
permission to adopt within the territory of India .
Suspending parenting, orphan, abandoned child subject to adoption after the enquiry done by
JJB. Investigation after adoption done by special police for the child. Surprise visit can be done
by JJB member to see whether the misuse of child or not. JJB after the enquiry adoption can be
suspended if see the misuse of child. But in Hindu law adoption cannot be suspended if adoption
is done. Married child is not subject to adoption. JJA 18 years age child can be adopted.
 They have single status or childless, widow, widower, divorcee.

 The child from the family opposite sex is not permitted age difference shall be 21 years
than only permitted.
Juvenile Justice and Constitution of India
The Constitution of India is consider as the fundamental law of India.. Constitution has provided
some basic rights and provisions especially for the welfare of children. Like: –
 Right to free and compulsory elementary education for all the children under the age of 6
to 14 years.( Article 21A)
 Right to be protected from any hazardous employment under the age of fourteen age.
(Article 24)
 Right to be protected from being abused in any form by an adult.(Article 39(e)).
 Right to be protected from human trafficking and forced bonded labour system.( Article
39)
 Right to be provided with good nutrition and proper standard of living.(Article 47)
 Article 15(3) of the Constitution of India provides special powers to State to make any
special laws for the upliftment and the betterment of children and women.
The juvenile justice act consider all the necessary provision laid down by the constitution for the
protection of child’s right and all the right of child’ are to be protected in all possible ways.
Conclusion
The JJA 2015 is a major step backward in the progressive forward looking philosophy of
juvenile justice esp by providing the use of prisons in certain cases.. The number of Schemes,
Acts, Model Rules that have been created to get this Act implemented questions the efficiency of
the Act, it highlights the gaps in empowering the children and questions the possibilities. The
multiple bodies responsible for implementation with no clarity on the expected outcomes and no
view towards the goals makes lose confidence in the Act. Though in concept it fights for the
rights the of child but fails to enact on it. Children. Sadly a wide number of kids are impeded
from anchoring their youth and appropriate to bearing and in this manner they are subjected to
misuse, abuse, and misuse. In a nation where a huge number children go to bed hungry, without
having a solitary full supper of the day, add up to end of tyke work by the fundamental lawful
course of action of action can never be said to be a sensible proposal. It might cover the
disquietude yet can't fix it.

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SCHOOL OF LAW

Offences against children and juveniles

TITLE- A Critical Study of Children Under Juvenile Justice System

Submitted to: Submitted by:

Keywords: Children’s Rights, Juvenile Justice System, Constitutional Law.

Juvenile Justice System in India

Juvenile Justice Act , 2000

Section 4- Juvenile Justice Board(JJB)

Bail grant of the child

 To avoid misuse law and juvenile

Child care institutions

 They have single status or childless, widow, widower, divorcee.

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