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Juvenile Justice Act 2015

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Title: Juvenile Justice Act 2015


1
JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
Presented by KRISHNA PRASAD DAS
MADHAVA Psychologist Arts Based Therapy
Practitioner Programme Manager Navajeevan Bala
Bhavan Member Juvenile Justice Board, Krishna
District
2
(No Transcript)
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  • An Act to consolidate and amend the law relating
    to children
  • alleged and found to be in conflict with law and
  • children in need of care and protection
  • by catering to their basic needs through proper
    care, protection, development, treatment, social
    re-integration, by adopting a child-friendly
    approach in the adjudication and disposal of
    matters in the best interest of children and for
    their rehabilitation through processes provided,
    and institutions and bodies established.

JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
4
  • The provisions of the Constitution confer powers
    and impose duties, under clause (3) of article
    15, clauses (e) and (f) of article 39, article 45
    and article 47, on the State to ensure that all
    the needs of children are met and that their
    basic human rights are fully protected
  • The Government of India has acceded on the 11th
    December, 1992 to the Convention on the Rights of
    the Child, adopted by the General Assembly of
    United Nations, which has prescribed a set of
    standards to be adhered to by all State parties
    in securing the best interest of the child
  • JJ Act 2015 enacted as per the standards of
  • The Convention on the Rights of the Child,
  • The United Nations Standard Minimum Rules for the
    Administration of Juvenile Justice, 1985 (the
    Beijing Rules),
  • The United Nations Rules for the Protection of
    Juveniles Deprived of their Liberty (1990),
  • The Hague Convention on Protection of Children
    and Co-operation in Respect of Intercountry
    Adoption (1993), and other related international
    instruments.

JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
5
CHAPTERS
Chapter Sections Details
1 1 2 Short title, extent, commencement and application. Definitions.
2 3 General Principles of Care and Protection of Children
3 4 to 9 Juvenile Justice Board
4 10 to 26 Procedure in Relation to Children in Conflict with Law
5 27 to 30 Child Welfare Committee
6 31 to 38 Procedure in Relation to Children in Need of Care and Protection
7 39 to 55 Rehabilitation and Social Re-integration ( Shelters, Homes, Foster Care, Fit Facility
8 56 to 73 Adoption (Eligibility, Procedure, Inter-country adoptions, Court Procedure, Adoption Agencies etc.,
9 74 to 89 Other Offences against Children (Prohibition on disclosure of identity of children, cruelty, psychotropic substances, corporal punishment, exploiting child worker etc.,)
10 90 to 112 Miscellaneous (Transfers, Releases, leave of absence, appeals, revisions, JJ Fund, SCPS, DCPU, CWPO, SJPU, Public Awareness etc.,
JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
6
Provision The Juvenile Justice Act, 2000 The Juvenile Justice Act, 2015
Treatment of Juveniles All children under the age of 18 years treated equally. Maximum penalty for juvenile in conflict with law is three years. Juveniles aged between 16-18 years committing serious or heinous offences could be tried as adults. However, there will be no death penalty or life imprisonment.
Juvenile Justice Board Conducts inquiry and directs the juvenile to be placed in any fit institution for a period not exceeding three years. Adds a preliminary inquiry, conducted in certain cases by JJB to determine whether a child is placed in a home or sent to Childrens Court to be tried as an adult.
Child Welfare Committee Disposing of cases for children in need of care and protection Frequency of meetings not specified. Functions are same as in the Act training of members to be done within two months of Bill becoming law Committee to meet at least 20 days in a month.
Appeals Appeal to the Session Court within 30 days of JJB order further appeal to a High Court. Appeal JJB/CWC order within 30 days to Childrens Court, further High Court (District Magistrate for foster care, etc).
Adoption No provision for inter-country adoption in the Act the Guidelines Governing the Adoption of Children, 2011 provide for inter-country adoption. Inter-country adoption allowed if adoption cannot take place within the country, within 30 days of child being declared legally free for adoption.
Foster Care Temporary placement of a child to be given for adoption, with a family for a short/extended period of time biological family may be allowed to visit. Same as the Act. Adds new provision for monthly checks on foster family by the CWC.
After-care Monetary and continued support for children after they leave special or children home for a period of three years or till 21 years of age. One-time financial support to children leaving child care institutions after completing 18 years of age.
JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
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GENERAL PRINCIPLES TO BE FOLLOWED IN
ADMINISTRATION OF ACT
(i) Principle of presumption of innocence Any
child shall be presumed to be an innocent of any
mala fide or criminal intent up to the age of
eighteen years. (ii) Principle of dignity and
worth All human beings shall be treated with
equal dignity and rights. (iii) Principle of
participation Every child shall have a right to
be heard and to participate in all processes and
decisions affecting his interest and the childs
views shall be taken into consideration with due
regard to the age and maturity of the
child. (iv) Principle of best interest All
decisions regarding the child shall be based on
the primary consideration that they are in the
best interest of the child and to help the child
to develop full potential. (v) Principle of
family responsibility The primary responsibility
of care, nurture and protection of the child
shall be that of the biological family or
adoptive or foster parents, as the case may
be. (vi) Principle of safety All measures shall
be taken to ensure that the child is safe and is
not subjected to any harm, abuse or maltreatment
while in contact with the care and protection
system, and thereafter. (vii) Positive measures
All resources are to be mobilised including those
of family and community, for promoting the
well-being, facilitating development of identity
and providing an inclusive and enabling
environment, to reduce vulnerabilities of
children and the need for intervention under this
Act.
JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
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(viii) Principle of non-stigmatising semantics
Adversarial or accusatory words are not to be
used in the processes pertaining to a
child. (ix) Principle of non-waiver of rights
No waiver of any of the right of the child is
permissible or valid, whether sought by the child
or person acting on behalf of the child, or a
Board or a Committee and any non-exercise of a
fundamental right shall not amount to
waiver. (x) Principle of equality and
non-discrimination There shall be no
discrimination against a child on any grounds
including sex, caste, ethnicity, place of birth,
disability and equality of access, opportunity
and treatment shall be provided to every
child. (xi) Principle of right to privacy and
confidentiality Every child shall have a right
to protection of his privacy and confidentiality,
by all means and throughout the judicial
process. (xii) Principle of institutionalisation
as a measure of last resort A child shall be
placed in institutional care as a step of last
resort after making a reasonable inquiry. (xiii)
Principle of repatriation and restoration Every
child in the juvenile justice system shall have
the right to be re-united with his family at the
earliest and to be restored to the same
socio-economic and cultural status that he was
in, before coming under the purview of this Act,
unless such restoration and repatriation is not
in his best interest. (xiv) Principle of fresh
start All past records of any child under the
Juvenile Justice system should be erased except
in special circumstances. (xv) Principle of
diversion Measures for dealing with children in
conflict with law without resorting to judicial
proceedings shall be promoted unless it is in the
best interest of the child or the society as a
whole. (xvi) Principles of natural justice
Basic procedural standards of fairness shall be
adhered to, including the right to a fair
hearing, rule against bias and the right to
review, by all persons or bodies, acting in a
judicial capacity under this Act.
JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
9
CHILDREN IN CONFLICT WITH LAW
  • Juvenile Justice Boards (JJBs) will be
    constituted in each district to deal with
    children in conflict with law. They will consist
    of a Metropolitan or Judicial Magistrate and two
    social workers, including a woman.
  • Offences committed by juveniles are categorized
    as (i) Heinous offences (those with minimum
    punishment of seven years of imprisonment under
    IPC or any other law), (ii) Serious offences
    (three to seven years of imprisonment), and (iii)
    Petty offences (below three years of
    imprisonment). A juvenile cannot be given life
    imprisonment without the possibility of release
    or death penalty.
  • Under the Act, a juvenile in conflict with law
    can be required to spend a maximum of three years
    in a special home or fit facility. However,
    juveniles in the age group of 16-18 years may be
    tried as adults in certain cases. Any person who
    is between the ages of 16-18 years and has
    committed a heinous offence may be tried as an
    adult, irrespective of date of apprehension.
    Also, a juvenile between 16-18 years of age who
    has committed a serious offence and apprehended
    after the age of 21 years, may be tried as an
    adult.
  • In all other cases, juveniles will get a maximum
    of three years in institutional care, as
    determined by the JJB.

JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
10
CHILDREN IN CONFLICT WITH LAW
  • In case of heinous offences, if a juvenile is
    apprehended before 21 years of age the JJB will
    conduct a preliminary inquiry. This will
    determine his mental/physical capacity to commit
    an offence and an understanding of its
    consequences. The JJB will then pass an order
    that recommends (i) interventions like
    counseling or community service (ii) staying at
    an observation home for a temporary or long-term
    period or (iii) refer the juvenile to a
    Childrens Court to determine whether to try him
    as an adult.
  • A Childrens Court is a Sessions Court notified
    under the Commissions for Protection of Child
    Rights Act, 2005. For the purposes of this Act ,
    once a juvenile is referred by a JJB to a
    Childrens Court it will determine whether to try
    him as an adult or else recommend counseling,
    stay at observation home, etc.
  • Order the police for registration of first
    information report for offences committed against
    any child in conflict with law, under this Act or
    any other law for the time being in force, on a
    complaint made in this regard
  • Order the police for registration of first
    information report for offences committed against
    any child in need of care and protection, under
    this Act or any other law for the time being in
    force, on a written complaint by a Committee in
    this regard

JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
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12. (1) When any person, who is apparently a
child and is alleged to have committed a bailable
or non-bailable offence, is apprehended or
detained by the police or appears or brought
before a Board, such person shall,
notwithstanding anything contained in the Code of
Criminal Procedure, 1973 or in any other law for
the time being in force, be released on bail with
or without surety or placed under the supervision
of a probation officer or under the care of any
fit person 13. (1) Where a child alleged to be
in conflict with law is apprehended, the
officer designated as Child Welfare Police
Officer of the police station, or the special
juvenile police unit to which such child is
brought, shall, as soon as possible after
apprehending the child, inform (i) the parent
or guardian of such child, if they can be found,
and direct them to be present at the Board before
which the child is produced and (ii) the
probation officer, or if no probation officer is
available, a Child Welfare Officer, for
preparation and submission within two weeks to
the Board, a social investigation report
containing information regarding the antecedents
and family background of the child and other
material circumstances likely to be of assistance
to the Board for making the inquiry. (2) Where a
child is released on bail, the probation officer
or the Child Welfare Officer shall be informed by
the Board.
JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
12
DIFFERENTIATION ON THE BASIS OF DATE OF
APPREHENSION FOR SERIOUS AND HEINOUS OFFENCES
Type of Offence Age when offence committed Age on date of apprehension Penalty
Serious offence 17 years Below 21 years Counselling or fine or maximum 3 years in special home
Serious offence 17 years Above 21 years Will be tried as an adult Imprisonment of 3-7 years
Heinous offence 17 years Below 21 years Based on evaluation of mental capacity, etc, may be tried as a child (max. 3 years) or adult (more than 7 years)
Heinous offence 17 years Above 21 years Will be tried as an adult Imprisonment of 7 years and above
JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
13
CHILDREN IN NEED OF CARE AND PROTECTION
  • Child Welfare Committees (CWCs) will be
    constituted in each district to deal with
    children in need of care and protection. They
    will be composed of a chairperson and four other
    members who shall be experts on matters relating
    to children. At least one of the four members
    will be a woman.
  • A child who is found to be in need of care and
    protection shall be brought before a CWC within
    24 hours. Subsequently, a Social Investigation
    Report is required to be prepared within 15 days.
    After assessing the report, the CWC may recommend
    that the child be sent to a childrens home or
    another facility for long term or temporary care,
    or declare the child as free for adoption or
    foster car
  • 31. (1) Any child in need of care and protection
    may be produced before the Committee
  • by any of the following persons, namely
  • any police officer or special juvenile police
    unit or a designated Child Welfare Police Officer
    or any officer of District Child Protection Unit
    or inspector appointed under any labour law for
    the time being in force
  • any public servant
  • Childline Services or any voluntary or
    non-governmental organisation or any agency as
    may be recognised by the State Government
  • Child Welfare Officer or probation officer
  • any social worker or a public spirited citizen
  • by the child himself or
  • any nurse, doctor or management of a nursing
    home, hospital or maternity home
  • Provided that the child shall be produced before
    the Committee without any loss of time but within
    a period of twenty-four hours excluding the time
    necessary for the journey.

JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
14
32. (1) Any individual or a police officer or any
functionary of any organisation or a nursing home
or hospital or maternity home, who or which finds
and takes charge, or is handed over a child who
appears or claims to be abandoned or lost, or a
child who appears or claims to be an orphan
without family support, shall within twenty-four
hours (excluding the time necessary for the
journey), give information to the Childline
Services or the nearest police station or to a
Child Welfare Committee or to the District Child
Protection Unit, or hand over the child to a
child care institution registered under this Act,
as the case may be. (2) The information
regarding a child referred to in sub-section (1)
shall be mandatorily uploaded on a portal as may
be specified by the Central Government or the
Committee or the District Child Protection Unit
or the child care institution, as the case may
be. 33. If information regarding a child as
required under section 32 is not given within the
period specified in the said section, then, such
act shall be regarded as an offence. 34. Any
person who has committed an offence under section
33 shall be liable to imprisonment up to six
months or fine of ten thousand rupees or both.
JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
15
COMPARISON OF PENALTIES ASSIGNED TO OFFENCES
UNDER THE JJ ACT 2015
Offence Penalty prescribed in the JJ Act 2015
Prohibition on disclosure of identity of children. imprisonment for a term which may extend to six months or fine which may extend to two lakh rupees or both. Sec.74 ( JJB or CWC).
Giving a child any intoxicating liquor/narcotic drug/tobacco/psychotropic substances Imprisonment up to seven years Fine up to one lakh rupees . Sec. 77 78
Selling or buying a child Imprisonment up to five years Fine one lakh rupees. Sec. 81
Subjecting a child to cruelty Imprisonment up to three years Fine and/or one lakh rupees . Sec.75
Employing a child for begging Imprisonment up to five years Fine one lakh rupees Sec.76
Engaging a child and keeps him in bondage for the purpose of employment or withholds his earnings or uses such earning for his own purposes Rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees. Sec 79.
Punitive measures for adoption without following prescribed procedures. imprisonment of either description for a term which may extend upto three years, or with fine of one lakh rupees, or with both Sec 80.
Offences against disabled Children Twice the Penalty. Sec.85
JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
16
OTHER PROVISIONS
  • Adoption The Central Adoption Resource Agency
    will frame regulations on adoption. These
    regulations will be implemented by state and
    district agencies. Prospective adoptive parents
    should be physically and financially sound. A
    single or divorced person may adopt a child. A
    single male may not adopt a girl child. The Bill
    also provides for inter-country adoption.
  • Registration of institutions Institutions for
    child care having a valid registration under the
    2000 Act will continue to be recognized. Other
    institutions are required to be registered within
    six months of this Bill coming into force. The
    registration is valid for five years and needs to
    be renewed. Inspection committees will inspect
    these institutions and registration may be
    cancelled if they do not meet the prescribed
    criteria.

JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
17
NCRB data One of the reasons cited for the
Bills 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.
JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
18
JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
19
JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
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