Juvenile Justice Act
Encyclopedia
The Juvenile Justice Act, 2000 is the primary legal framework for juvenile justice in India
. The Act provides for a special approach towards the prevention and treatment of juvenile delinquency
and provides a framework for the protection, treatment and rehabilitation
of children in the purview of the juvenile justice system. This law, brought in compliance of Child Rights Convention, repealed the earlier Juvenile Justice Act of 1986.
JJ Act is considered to be an extremely progressive legislation and Model Rules 2007 have further added to the effectiveness of this welfare legislation . However the implementation is a very serious concern even in year 2010.
on juvenile justice in India came in 1850 with the Apprentic Act which required that children between the ages of 10-18 convicted in courts to be provided vocational training as part of their rehabilitation process. This act was transplanted by the Reformatory Schools Act, 1897, the Indian Jail Committee and later the Children Act of 1960. The Juvenile Justice Bill was first introduced in the Lok Sabha
on 22 August 1986.
Section 21 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) as amended by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 (33 of 2006)., states that: “Prohibition of publication of name, etc., of juvenile or child in need of care and protection involved in any proceeding under the Act-(1) No report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding a juvenile in conflict with law or a child in need of care and protection under this Act shall disclose the name, address or school or any other particulars calculated to lead to the identification of the juvenile or child shall nor shall any picture of any such juvenile or child shall be published: Provided that for any reason to be recorded in writing, the authority holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the interest of the juvenile or the child. (2) Any person who contravenes the provisions of sub-section (1), shall be liable to a penalty which may extend to twenty-five thousand rupees”.
While provisions relating to the Juveniles in conflict with law are very important from jurisprudence point of view, this Act becomes very crucial for Children in Need of Care and Protection, as they are very large in number. Section 29 of the Act provides constituting five members District (Administrative unit in India) level quasi-judicial body "Child Welfare Committee". One of the members is designated as Chairperson. At least one of the members shall be woman. The Committee shall have the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the 'Children in Need of Care and Protection' as well as to provide for their basic needs and protection of human rights.
Hon'ble Supreme Court vide Judgement in Hari Ram Versus State of Rajasthan gave restrospective effect to Juvenile Justice Act , 2000.
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
. The Act provides for a special approach towards the prevention and treatment of juvenile delinquency
Juvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...
and provides a framework for the protection, treatment and rehabilitation
Rehabilitation (penology)
Rehabilitation means; To restore to useful life, as through therapy and education or To restore to good condition, operation, or capacity....
of children in the purview of the juvenile justice system. This law, brought in compliance of Child Rights Convention, repealed the earlier Juvenile Justice Act of 1986.
JJ Act is considered to be an extremely progressive legislation and Model Rules 2007 have further added to the effectiveness of this welfare legislation . However the implementation is a very serious concern even in year 2010.
History
The first legislationLegislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
on juvenile justice in India came in 1850 with the Apprentic Act which required that children between the ages of 10-18 convicted in courts to be provided vocational training as part of their rehabilitation process. This act was transplanted by the Reformatory Schools Act, 1897, the Indian Jail Committee and later the Children Act of 1960. The Juvenile Justice Bill was first introduced in the Lok Sabha
Lok Sabha
The Lok Sabha or House of the People is the lower house of the Parliament of India. Members of the Lok Sabha are elected by direct election under universal adult suffrage. As of 2009, there have been fifteen Lok Sabhas elected by the people of India...
on 22 August 1986.
The Act
This Act, further amended in 2006 and is now known as the Juvenile Justice (Care and Protection) Act, 2000.Section 21 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) as amended by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 (33 of 2006)., states that: “Prohibition of publication of name, etc., of juvenile or child in need of care and protection involved in any proceeding under the Act-(1) No report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding a juvenile in conflict with law or a child in need of care and protection under this Act shall disclose the name, address or school or any other particulars calculated to lead to the identification of the juvenile or child shall nor shall any picture of any such juvenile or child shall be published: Provided that for any reason to be recorded in writing, the authority holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the interest of the juvenile or the child. (2) Any person who contravenes the provisions of sub-section (1), shall be liable to a penalty which may extend to twenty-five thousand rupees”.
While provisions relating to the Juveniles in conflict with law are very important from jurisprudence point of view, this Act becomes very crucial for Children in Need of Care and Protection, as they are very large in number. Section 29 of the Act provides constituting five members District (Administrative unit in India) level quasi-judicial body "Child Welfare Committee". One of the members is designated as Chairperson. At least one of the members shall be woman. The Committee shall have the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the 'Children in Need of Care and Protection' as well as to provide for their basic needs and protection of human rights.
Hon'ble Supreme Court vide Judgement in Hari Ram Versus State of Rajasthan gave restrospective effect to Juvenile Justice Act , 2000.
Prominent Child Rights Organisations in India
- Juvenile Justice National Desk
- HAQ Centre for Child Rights
- Human Rights Law Network HRLN
- Butterflies: Programme for Working and Street Children
- Bachpan Bachao Andolan- Save the Childhood Movement
- Center for Child & Law, National Law School of India University
- Pratidhi: A Collaborative Project of Delhi Police and Association for Development
- Prayas : From Darkness to Light
- Salaam Baalak Trust
- Childline India Foundation
- Children of Mother Earth- COME
- Udayan Care
- Balsakha
- Childhood Enhancement Through Training and action (CHETNA)
- Child Rights Advocacy Foundation - CRAF Andhra Pradesh
News articles on Juvenile Justice
- Ban on Trial by Media imposed by Juvenile Justice Act repeatedly flouted in India
- Status of Human Rights, Juvenile Justice and Freedom of the Press in India
- Trial and Error by Media - Juvenile Justice Act repeatedly violated in India
- Media and Human Rights - A Case of ignoring Juvenile Justice Act in India
- Media shoots Juvenile Justice Act in reporting MP *[http://www.prlog.org/10044527-in-india-media-shoots-juvenile-justice-act-in-reporting-mp-school-killing.html In India Media shoots Juvenile Justice Act in reporting MP School killing] School killing
- In India Media shoots Juvenile Justice Act in reporting MP School killing
- In India Media shoots Juvenile Justice Act in reporting MP School killing
- Media takes Juvenile Justice Act 2006 India for a ride in sensationalizing Gurgaon School Shooting
- Media meddles with India's Juvenile Justice Act 2006 in reporting Gurgaon School Shooting
- Juvenile Justice Act 2006 India taken for a ride by media in reporting Gurgaon School Shooting
- Media takes for a ride India's Juvenile Justice Act 2006 in Gurgaon School Shooting News Coverage
- In Gurgaon School Shooting coverage, Media takes for a ride India's Juvenile Justice Act 2006
- In India Juvenile Justice Is At Media's Mercy
- In India Media Takes Juvenile Justice for a Ride
- Juvenile Justice at Media`s Mercy
- Human Rights Nipped in the Bud
- Media Meddles with Juvenile Justice and Human Rights in India
- Human Rights at stake for a Juvenile
- Bid to Prevent Juvenile Delinquency
- Delinquent juveniles cannot be put in jails: Delhi High Court
- Campaign Against Sitgmatization of Juveniles in Conflict with Law
- Terror home for kids
- Supreme Court's ire over non implementation of Juvenile Welfare Act