Juvenile Justice & Children's Rights.
Written by aditya arora
Introduction
India has enacted 4 Juvenile Justice acts in the past. The Juvenile Justice (Care and Protection of Children) Act, 2015 was enacted to provide a unified framework for dealing with juveniles under 16 years of age. It was passed by the Parliament on September 30, 2015 and came into effect from January 1, 2016.
What is Juvenile Justice
Juvenile Justice is a system that deals with the legal rights of children and adolescents who have broken the law. It's a branch of law that deals with young people between the ages of 10 and 18 who are accused or suspected of committing a crime.
It's important to know how juvenile justice works because it can affect your child's future, even if they're not convicted or sent to jail.
Who is a child in need of care and protection?
When you hear the term “child in need of care and protection” (CINC), it may be difficult to understand what that means. However, if you consider a child as someone who has not completed 18 years of age and is under 18 years old, then this definition can help clarify things for you.
A CINC child can be a victim of abuse, neglect or exploitation. They may also be at risk because they are involved in criminal activity or have experienced sexual abuse or other types of violence in their lives. A CINC case must meet certain criteria before an agency will take action on behalf of the child's interests:
The agency must determine that there is probable cause to believe that children's needs have been neglected; or
That there is reasonable suspicion that a person responsible for caring for them has abused them; or
That there is reasonable belief that they may have been exploited by others who should know better than doing so—such as family members with whom they live close enough together where having access would lower their risk factor significantly."
Why was the Juvenile Justice (Care and Protection of Children) Act, 2015 enacted?
The Juvenile Justice (Care and Protection of Children) Act, 2015 was passed by the Government of India to provide a child-friendly environment for children. The Act defines “juvenile” as any person below 18 years of age. The Act also provides that no child shall be detained in jails or prisons except under certain circumstances (Section 2(1)(d)).
What are some of the important provisions of the Act, 2015?
The Juvenile Justice (Care and Protection of Children) Act, 2015
The Juvenile Justice Board: It is a statutory body to supervise the implementation of this Act. It will also ensure that all juveniles are treated in an environment that's conducive to their development and growth.
The Child Friendly Justice Scheme: This scheme provides for setting up children friendly courts, offices and facilities at every stage of their life cycle so that they may be given an opportunity to access justice without facing any barriers or obstructionations on account of gender or age issues. The scheme also ensures that there are separate sections for juveniles who need child friendly procedures such as bail proceedings etc., which can be arranged by either parents themselves or guardians if required by law (where applicable).
The National Commission for Protection of Child Rights (NCPCR) New Delhi.
The National Commission for Protection of Child Rights (NCPCR) New Delhi is a statutory body under the POSCO Act, 2012. It was established in 2008 and has been playing an active role in ensuring child rights protection since then.
The NCPCR comprises three members with different backgrounds – one from each state and one from the Ministry of Women & Child Development. The Commission has also taken up various initiatives like conducting seminars/workshops on issues related to children’s rights protection; disseminating information regarding POSCO Act; making recommendations regarding implementation of laws such as this one; etc.,
Some important cases on
Juvenile Justice& children's rights.
The case of juvenile justice act, 2000
The case of juvenile justice act, 2007
The case of juvenile justice (care and protection of children) act, 2015
The case of juvenile justice act, 2018
India has enacted 4 juvenile justice acts in the past.
The Indian juvenile justice system is based on 4 acts:
The Juvenile Justice Act of 1986 (JJA)
The Juvenile Justice (Care and Protection of Children) Act, 2000 (JJCPCA)
The Juvenile Justice (Care and Protection of Children) Amendment Act, 2007 (JJCA).
Conclusion
The child protection system of India is evolving at a fast pace and the Juvenile Justice Act, 2015 is one of the judiciary's most important steps in this direction. It is a critical step toward ensuring that children in need of care and protection are given due consideration by society.
