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Children concerned by the JJA
This Act deals with two categories of children: Children in need of care and Protection and children in conflict with law.
1. Children in need of care and Protection include a child:
- Who is found without any home or settled place or abode and without any ostensible means of subsistence.
- Who is found begging or who is either a street child or a working child.
- Who resides with a person (wether a guardian of the child or not) and such person a ) – has threatened to kill or injure the child and there is a reasonable likelihood of the threat being carried out, or b)has killed, abused or neglected some other child or children and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person.
- Who is mentally or physically challenged or ill children or children suffering from terminal diseases or incurable disease having one to support or look after.
- Who has a parent or guardian and such parent or guardian is unfit or incapacitated to exercise control over the child.
- Who does not have parent and no one is willing to take care of or whose parents cannot be found after reasonable inquiry,
- Who is being or is likely to be grossly abused, tortured or exploited for the purpose of sexual abuse or illegal acts.
- Who is found vulnerable and is likely to be inducted into drug abuse or trafficking.
- Who is being or is likely o be abused for unconscionable gains,
- Who is victim of any armed conflict, civil commotion or natural calamity.
2. Children in conflict with law (also referred to as juveniles) include a child:
who is alleged to have contravened a provision of a criminal/penal legislation and is below the age of 18 when such offence is committed by him/her.
Specific authorities created to deal with children.
This act aims to offer a child increased access to justice by establishing 2 specific authorities to deal with children. They are:
1. Child Welfare committee for children in need of care and protection (Section 29)
2. Juvenile Justice Board (JJB) for children in conflict with law. |
Even if the Child is being accused of doing an offence with an adult, the child must be tried separately in the Juvenile Court. (Section 4.)
- The Child Welfare committee (CWC)
It has sole authority to deal with matters concerning children in need of care and protection. A Committee has to be constituted for each district or group of districts, and consists of a chairperson and 4 other persons one of whom at least should be a woman.
The committee has the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs and human rights. A child rescued from hazardous occupation, brothel, abusive family or other such exploitative situation must be produced before the CWC who will conduct an inquiry to ensure optimum rehabilitation with minimal damage to the child.
Children in need of care and protection are sent directly to the children’s home by the Child Welfare Committee that passes necessary orders for their rehabilitation, restoration and social re-integration.
- The Juvenile Justice Board (JJB)
It has sole authority to deal with matters concerning children in conflict with law. A Juvenile Justice Board has to be constituted for each district or group of districts, and consists of two social workers and a Judicial Magistrate. This is an attempt to bring change in the nature of the inquiry and decriminalize the administration of juvenile justice through the presence of the two social workers.
Once the crime is committed and the child is apprehended, the case comes before the JJB. Till the inquiry is pending the child is kept in an observation home, unless otherwise released as per the law. On conviction, the child is sent to the special home or place of safety.
Under this law, every juvenile in conflict with law has a right to bail as granting bail is mandatory, except when it can pose a threat to the life or well-being of the juvenile. Instead of being sent to a jail, the law takes a reformatory approach and provides for release on probation after advice and admonition or, places them in custody of special homes.
The recent amendments (2006) to the act are given below:
Section Amendments to the earlier Act of 2000
2(a)(a) Inclusion of definition of Adoption: "Adoption" means the process through which the adopted child is permanently separated from his biological parents and becomes the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship.
2(d)(i) Child beggars included in the definition of children in need of care and protection.
10(1) In no case a juvenile in conflict with law shall be placed in a police lockup or lodged in jail.
14(2) Since the provision for enquiry to be completed within four months lacks proper implementation, as inquiries are pending before the Boards for a long period of time, it is proposed that the Chief Judicial Magistrate/Chief
Metropolitan Magistrate shall review the pendency of cases of the Board every six months, and shall direct the Board to increase the frequency of its sittings or may cause constitution of additional Boards.'
15(1)(g) The Juvenile Justice Board can make an order directing the juvenile to be sent to a special home for a maximum period of three years only.
16(1) No Juvenile in conflict with law can be put under imprisonment for any term which may extend to imprisonment for life.
21 Contravention of provisions dealing with prohibition of publication of name etc. of child shall be punishable with fine extending to twenty five thousand rupees as against existing 1000 rupees.
4 & 29 The State Governments to constitute Juvenile Justice Board and Child Welfare Committee for each
district within one year of the Amendment Act coming in to force.
33(3) The State Governments may review pending of cases before the Child Welfare Committee in order to ensure speedy completion of enquiry process.
34(3) All State Government/voluntary organizations running institutions for a child/juvenile shall be registered under this Act within a period of six months from the date of commencement of the Amendment Act, 2006.
41(4) State Government shall recognize one or more of its institutions or voluntary organizations in each district as specialized adoption agencies for the placement of orphans, abandoned or surrendered children for adoption. Children's homes and the institutions run by the State Government or voluntary organizations for children who are orphans, abandoned or surrendered shall ensure that these children are declared free for adoption by the Child Welfare Committee and all such cases shall be referred to the adoption agency in that district for placement of such children in adoption in accordance with guidelines.
62(A) Every State Government shall constitute a Child Protection Unit for the State and, such units for every district, consisting of such officers and other employees as may be appointed by that Government to take up matters relating to children /juveniles with a view to ensure the implementation of this Act. |
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