JUVENILE JUSTICE (CARE

AND PROTECTION OF
CHILDREN)ACT, 2000
 INTRODUCTION
 The Juvenile Justice (Care and Protection of Children) Act, 2000(hereinafter the Act of 2000 or the JJ Act, 2000 or the 2000
Act) was enacted to consolidate and amend the law relating to juvenile in conflict with law and children in need of care and
protection, by providing for proper care, protection and treatment by catering to their development needs.
 by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their
ultimate rehabilitation through various institutions established under this law.
 The law saw its course and proved to be quite effective with a number of convicts been held for commission of offences under
the Act of 2000, which earlier went unnoticed due to absence of a specific law in this regard.
 On 11th December, 1992, the Indian government ratified the Convention (the convention of on the rights of child), and hence,
the need was felt to enact a law relating to juvenile justice that is in consonance with the provisions of the CRC. Consequently
the Parliament enacted new law relating to juvenile justice, The Juvenile Justice (Care and Protection of Children) Act, 2000
which came into effect on 30thDecember, 2000. The law saw its course and over the years the JJ Act, 2000 proved to be a
combative law to deal with the problems of juvenile crimes.
 over the passing years with the change in the society, juvenile crimes have seen a drastic change with certain juveniles
becoming more and more accustomed to crimes of a serious nature such as rape and murder. The need was felt to control such
deviation of children towards crime of such high order. Thus, the Parliament came up with a Bill in 2014 which later became a
law in 2015. Today, juvenile delinquency in India is dealt by the new law, The Juvenile Justice (Care and Protection of
Children) Act, 2015(hereinafter the Act of 2015 or the JJ Act, 2015 or the 2015 Act).
 HISTORY OF JUVENILE JUSTICE LEGISLATIONS IN INDIA SINCE 1986
AND THEIR SPECIFIC PROVISIONS:

1. Juvenile Justice Act 1986

 JJ Act was enacted in pursuance of the Beijing Rules 1985, prior to the CRC
 Definition of juvenile or child – 16 years for boys and 18 years for girls
 Children were categorized as delinquent juveniles and neglected juveniles
 Both categories of children were kept in an Observation Home together pending inquiry
 Juvenile Welfare Board was formed to deal with the neglected juveniles and the Juvenile Court was the adjudicating authority
for the delinquent juvenile
 The neglected juveniles were in the Juvenile Home and the delinquent juveniles to the Special Home
 The Government of India ratified the United Nations Convention on the Rights of the Child in 1992 thereby making it
expedient to adhere to the standards prescribed in the Convention. Hence, the 1986 JJ Act had to be reviewed and changes had
to be made in order to secure the best interest of the child and focus on social re-integration of the child without resorting to
judicial proceedings.
 The JJ Act 1986 was repealed and the Juvenile Justice (Care and Protection of Children) Act 2000 was passed taking into
consideration all the International standards prescribed as per the Convention on the Rights of the Child, the Standard
Minimum Rules for the Administration of Juvenile Justice, 1985 (Beijing Rules), The UN Guidelines for the Prevention of
Juvenile Delinquency called the Riyadh Guidelines, 1990 and the United Nations Rules for the Protection of Juveniles
Deprived of their Liberty (1990)
 2. The Juvenile Justice (Care and Protection of Children) Act 2000
 The Title of the Act stresses on the need for care and protection to both categories of children
 Uniform age for both boys and girls – any child who has not completed the age of 18 fall within the jurisdiction of the Act to
comply with the CRC definition of the child
 Separation of child in need of care and protection and child in conflict with law
 Constitution of Child Welfare Committees to deal with children in need of care and protection and Juvenile Justice Boards
to handle children in conflict with law
 The category of children in need of care and protection has been expanded to include victims of armed conflict, natural
calamity, civil commotion, child who is found vulnerable and likely to be inducted into drug abuse
 More legal protection assured for the child in conflict with law – detention to be resorted to as the last option,
disqualification of past records and privacy maintained
 The innovation the law makes with respect to children in need of care and protection is the conceptualization of restoration
of the child as being the focal point, with restoration being conceptualized as restoration to parents, adopted parents or foster
parents. (Sec39).
 The law outline four options of restoration for children in children’s homes and special homes which include adoption,
foster care, sponsorship and after care
 3. The Juvenile Justice (Care and Protection of Children) Amendment Act, 2006

 The JJ Act 2000 was subsequently amended and hereafter referred to as the Principal Act

 The Amendment Act brought about 26 amendments which are in force

 This Act forms the legal system and framework for the care, protection, treatment and rehabilitation of children of both
categories
 THE JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2000
 The Act of 2000 was a sincere effort made by the Indian legislature to inculcate the principles of the United Nations Conventions like the CRC, the
Beijing Rules and the 1990 Rules. According to the Supreme Court of India, the JJ Act, 2000 is enacted to deal with offences committed by juveniles
in a manner which was meant to be different from the law applicable to adults. The very scheme of the Act is rehabilitation in nature and not
adversarial which the Courts are generally used to. Its implementation thus required a complete change in the mindset of those who are vested with
authority of enforcing the same without which it will be almost impossible to achieve its objectives.
 Applicability of the Act: The Honorable Supreme Court in Jameel v. State of Maharashtra ruled that so far as contention of the appellant is concerned
regarding applicability of the JJ Act, 2000, it is not in dispute that the appellant on the date of occurrence had completed 16 years of age. The offence
of unnatural intercourse having been committed on 16 th December, 1989, the JJ Act, 2000 had no application. In terms of the Juvenile Justice Act,
1986, Juvenile was a boy who had not attained the age of 16 years or a girl who had not attained the age of 18 years. Hence, the plea that the JJ Act,
2000 would apply as accused had not attained the age of 18 on the date of occurrence of the event, is not tenable since on the date of enforcement of
the JJ Act, 2000 accused was above 18. Notably, accused had completed 16 years on the date of incident, therefore, the JJ Act, 2000 is categorically
not applicable.
 Juvenile Justice Board: The State Government is empowered to set up a Juvenile Justice Board (hereinafter, the JJB) for a district or a group of
districts. Section 4 of the JJ Act, 2000 deals with the setup and constitution of the Board. Section 5(2) provides that a child who has committed
offence may be produced before an individual member of the Board in case the Board is not presiding. Section 6(1) gives the Board exclusive
powers to deal with all proceedings under the 2000 Act relating to juvenile in conflict with law.
 Juveniles in conflict with law: Observation homes are to be established in each district or group of districts for temporary reception of such juveniles
during pendency of enquiry. Special homes are to be established in each district or group of districts for reception and rehabilitation of such juveniles
which implies that orders have already been passed by a JJB in such cases. The juveniles shall be classified based on age, considering
physical/mental health and nature of offence.
 Process: No juvenile for any reason can be lodged in a police lock-up or in jail. On receipt of a report under section 32, the Committee or any police
officer or special juvenile police unit or the designated police officer shall hold an inquiry in the prescribed manner and the Committee, on its own or on
the report from any person or any agency as mentioned in section 32(1), may pass an order to send the child to the children’s home for speedy inquiry by
a social worker or child welfare officer. The inquiry under this section shall be completed within four months of the receipt of the order or within such
shorter period as may be fixed by the Committee. Provided that the time for the submission of such enquiry report may be extended by such period as the
Committee may, having regard to the circumstances and for reasons recorded in writing, determine. After the completion of such inquiry, if the
Committee is of the view that the said child has no family or ostensible support, it may allow the child to remain in the children’s home or shelter home
till suitable rehabilitation is found for him or till he attains the age of 18.
 Children’s home: The State government may establish and maintain either by itself or in association with a voluntary organization/organizations,
children’s homes, in every district or group of districts, as the case may be, for the reception of child in need of care and protection during the pendency
of any inquiry and subsequently for their care, treatment, education, training, development and rehabilitation. The State Government may, by rules made
under this Act, provide for the management of children’s homes including the standards and the nature of services to be provided by them, and the
circumstances under which, and the manner in which, the certification of a children’s home or recognition to a voluntary organization may be granted or
withdrawn.
 Inspection: The State government may appoint inspection committees for the children’s homes for the State, a district and city, as the case may be, for
such period and for such purposes as may be prescribed. The inspection committee of a State, district or of a city shall consist of such number of
representatives from the State government, local authority, Committee, voluntary organization and other medical experts and social experts as may be
prescribed. The Central and State governments may monitor and evaluate the functioning of the children’s homes at such period and through such persons
and institutions as may be specified by that government.
 SALIENT FEATURES OF THE ACT
 1 a. The Act known as ‘The Reformatory Act’ deals with two categories of children, namely children in need of care and
protection and children in conflict with the law.

b. The competent authority to deal with children in need of care and protection is the Child Welfare Committee which constitutes
a Chairperson and four other members, one of whom at least should be a woman. Chapter IV of this Module would focus in detail
about Children in need of care and protection and the functioning of the CWC in rehabilitation and disposition of cases

c. Juvenile Justice Board (JJB) is the competent authority to deal with children in conflict with law which comprises of three
members. The Chairperson of the Board should be a First Class Judicial Magistrate and two honorary social workers out of whom
at least one should be a woman. Special provisions for children in conflict with law and the responsibilities of the Board are
discussed in detail in Chapter III of this Module.

2. The Act provides for the establishment of various kinds of Institutions such as
- Children’s Home for the reception of child in need of care and protection.
- Special Homes for the reception of child in conflict with law
- Observation Homes which are meant for the temporary reception of children during the pendency of any inquiry.
- After-care Organizations which are meant for the purpose of taking care of children after they have been discharged from
Children’s Home or Special Homes.

3. A few sections in the Act (Sec 23 – 26) are focused on the offences committed by anyone against a child such as assault,
causing mental or physical suffering and employment of a child which are considered as non bailable offences.
 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT,
2015.
 The key purpose to bring a new legislation was the increased number of crimes (particularly rapes), by juveniles (16-18 years).
However, several questions were raised on the new law, as being more retributive than reformative. Retributive because it
contains provisions for teenagers who commits heinous crime (with punishment of 7 years or more) shall be tried like adults
but in the children’s court.
 The Children’s Court shall make sure that the child found guilty of heinous crime shall be sent to a place of safety till he/she
attains the age of 21 and afterwards, the person shall be shifted to jail. This means that on being found guilty of committing a
heinous crime, he/she shall not get benefit of being a child.
 The new Juvenile law was also criticized by many protestors as being unconstitutional. In Pratap Singh v. State of Jharkhand, it
was observed by the Court that in Rule 4 of the United Nations Standard Minimum Rules for the administration of Juvenile
Justice, while holding a juvenile responsible for a crime, the moral and psychological components must be given importance.
 According to Prof. Ved Kumari, if a juvenile of the age of 16 commits a heinous crime and his or her offence is punishable
with 7 year imprisonment, then he/she need to be produced before the JJB, who will adjudge on the physical and mental
capacity of the child; whether that juvenile has committed such offence has the ability to understand consequence of the
offence and in what circumstances the offence has been committed. This work of the JJB is challenging and there is a huge
chance of uncertainty.
 Another issue raised by many activists is that the 2015 Act violates the spirit of Article20(1),where a person cannot be
subjected to greater punishment that what would have been applicable to him under the law of the land. Under the new Act, if a
juvenile sentenced under the law who has completed 21 years of age but has not completed the full period of his sentence may
be sent to jail if it is considered appropriate. This new law undermines the spirit of Article 20(1).
 SALIENT FEATURES OF THE JJ ACT, 2015:
 Definition of ‘child in need of care and protection’ expanded- The definition as per the new Act now also includes a child who
is found working in contravention of labor laws, at imminent risk of marriage before attaining the lawful age for the same or
who resides with such a person who has or had threatened to injure, exploit, abuse or neglect the child or violate any other law
or whose parents or guardians are unfit to take care of him.
 CWC is no longer the final authority in cases of children in need of care and protection- The District Magistrate (hereinafter,
the DM) shall be the grievance redressal authority for the CWC and anybody connected with the child may file a petition
before the DM, who shall consider and pass appropriate orders.
 Procedure for inquiry- The CWC shall now conduct an inquiry of any child produced before it, as opposed to children for
whom production reports are received. Procedure now includes orphaned and surrendered children as well.
 Extensive definition of ‘adoption’ provided- an extensive definition of adoption has now been provided and child’s rights have
been recognized.