The Juvenile Justice (Care and Protection of Children) Act 2000 (Part 2)

By Aditya Singh Raghav

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Articles 15(3), 39(e), 45 and 47 of the Constitution of India impose constitutional obligations on the state to ensure that the basic rights of children are protected and their basic needs are fulfilled. The United Nations General Assembly adopted the Convention on the Rights of Children (UNCRC) to establish a standard to be followed by all the member states. This convention focuses on the social re-integration of child victims and states have the responsibility to protect the interests of children. India ratified the convention in the year 1992. To comply with this, the Parliament enacted the Juvenile Justice Act in 2000 to protect children and solve problem of juvenile delinquency. 

 

The Act of 2000 repealed the Juvenile Justice Act 1986 with the following objectives: 

1. Providing basic principles for providing justice to a juvenile or child 

2. Bring juvenile law in conformity with the UN Convention on Children’s Rights 

3. Explain the role of the state and other voluntary organizations in implementing the legislation 

4. To ensure speedy disposal of cases within a time period of 4 months 

5. Developing juvenile laws in the context of the criminal justice system (which is otherwise applicable only to adults) 

6. To enhance accessibility to Juvenile Justice Boards and Child Welfare Committees 

7. Providing for social re-integration and rehabilitation through alternatives like adoption, sponsorship, foster care and aftercare of abandoned and neglected children 

8. Clarify the law by dividing it into two parts – one for juveniles in conflict with the law and the other for juveniles or children in need of care and protection

9. Creation of special police units and training of such personnel 

 

The Act of 2000 provided for proper care, protection, and treatment of children and adopting a child-friendly approach for the best interest of children. 

It provided that juveniles would be treated only under the Juvenile Act and no other act in force would be applicable. In Raj Singh v. State of Haryana, the court held that legislation dealing with juveniles shall prevail over other legislation irrespective of the offence committed. 

 

Establishment of Juvenile Justice Board – Section 4 of the act deals with setting up the Board. Section 6(1) of the Act provides the Board with the power to deal with proceedings under the 2000 Act relating to juvenile in conflict of law. 

 

Juveniles in conflict with law – Juveniles are to be classified on the basis of their age, mental health, and nature of offence. Observation homes are established for juveniles during the enquiry and special homes as rehabilitation centers for juveniles when the proceedings are over. 

 

Process of proceedings in juvenile matters

A juvenile cannot be locked in a police lockup or jail. Special police units must first do an enquiry on its own or from reports collected from any person or agency as mentioned in section 32(1) and an order can be passed to send the child to children’s home. This enquiry has to done within 4 months of the order. When the enquiry is completed, the committee can take a decision to send the child to a shelter home until the child attains the age of 18 years or suitable rehabilitation is found if the child has no family or other support. These shelter homes or children homes are set up by the state government in every district for care and protection when an enquiry is still in process. 

 

Amendment in 2006 

In 2006, the Juvenile Justice Act 2000 was amended. Section 21 of the 2000 Act was changed to prohibit publication of the name of the juvenile involved in the proceedings. No report should be published in newspaper, magazine or media regarding the juvenile in conflict with law. However, if such disclosure is in the interest of the juvenile or the child, then the information or a picture of the juvenile can be published. 

 

Amendment in 2011 

Further, in 2011, the Juvenile Justice Act was amended to remove certain provisions which were found to be discriminatory to persons affected by leprosy. In Hari Ram v. State of Rajasthan, the Supreme Court decided to change certain provisions of the Act of 2000 which were against the law and were of discriminatory nature. 

 

The next article in the series deals with the reasons for the introduction of a new bill in 2014 – the Juvenile Justice (Care and Protection of Children) Bill.

Back to Part 1.

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Aditya is a 2^nd year law student at National Law University Delhi. An adventurous person, he actively participates in sports activities and loves to go trekking. He is a football fan and you can easily find him discussing football matches with his friends. His interests include Commercial Law, Constitutional Law, Criminal Law and Competition Law.