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Q. Discuss the causes of Juvenile Delinquency. Who is a child in need of care and protection? State the procedure followed by Juvenile Justice Court. State the orders that can be passed for delinquent children under this act. Describe the main features of Juvenile Justice (Care and Protection) Act, 2000. What protections are given by the legislature and the judiciary to juvenile delinquents? Causes of Juvenile Delinquency Delinquency Comm on sense stuff  stuff  Reasons for enacting this this act a ct WHEREAS WHEREA S the Constitution has, in several provisi provisi ons, including clause (3) of article article 15, clauses (e) and (f) of article article 39, articles 45 and 47, im pose on the State State a primary responsibi lity of ensuring that all the needs of children are met and that their basic hum an rights are fully protec protected; ted;  AND  A ND WHEREAS, the General Ass Ass em bly of the United Nations has adopted a dopted the Convention on the Rights of the Child on the 20th November, 1989;  AND  A ND WHEREAS, the Convention on the Rights o f the the Chil d has pres p rescribed cribed a s et of s tandards to be adhered to by all State parties in s ecuring the best interests interests of the the child;  AND  A ND WHEREAS, the Convention on the Rights o f the the Chil d emphas em phas izes social so cial reintegration rein tegration of child victim victims s , to to the extent extent poss ible, without resorting to judicial proceedings proceedings ;  AND  A ND WHEREAS, the Governm Governm ent of India India has ha s ratified the Con vention on the 11th Decem ber, 1992.  AND  A ND WHEREAS, it is expedient to re-enact the the existing law re lating to juveniles beari bearing ng in m ind the stand ards pres p res cribed in the Convention Convention on the Rights of the Child, the United Nations Standard Minimum Rules for the the Adm Adm inis trat tration ion of Juvenile Juvenile Justice, 1985 (the Beijing rules), the United Na tions R ules for the Protection Protection of Juveniles Juveniles Depriv Deprived ed of their Liberty (1990), and all other relevant international international ins truments. BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:Art 15(3) - Stat State e can m ake any special p rov rovisi isi on for women a nd children. Art 39 (e) - It shall be the duty of the state to ensure that the health and strength of workers, men and wom en, and the tender  age of children are not abus ed and that citiz citizens ens are not forced by econom econom ic neces sity to to enter avocations avocations u nsuited to their  age or s trengt trength; h; Art 39 (f) - It shall be the duty of the state to ensu re that children are given opportunities opportunities and facilities to develop develop in a healthy ma nner and in conditions of freedom and dignity and that childhood childhood an d youth youth are protected protected agains t exploitation exploitation and against moral and material abandonment. Art 45/Now Art 21A - The -  The State shall endeav endeavor or to provide, provide, within a period of ten years from the com mencem ent of this Cons titut titution, ion, for free and com pulso ry education for all children until they complete the age of fourteen years. years. Art 47 - The State State shall regard the raising of the level level of nutrition and the standard of living of its people and the improvement of public health as am ong its primary duties and, in particular, the the State State s hall endeavor to bring about prohibition of the consum ption except except for for medi cinal purpose s of intoxicating intoxicating drinks and of drugs w hich are injurious to health. Art 51(k) - It -  It shall be the duty of the citizen of India who is a parent or guardian to provide opportunities for education to his child or, as the case m ay be, ward between the age of s ix and fourteen fourteen years. years. Child in need of care and protection [OPMUNEVACCC]  As per Section 2(d),  As 2(d) , "child "child in ne ed of care and protection" protection" means a child 1. who is found without any hom e or settled settled place or abode and without any ostens ible me ans of subs istence, 2. who reside s with a pers on (whether a guardian of the child or not) not) and such perso n has threatened to kill kill or injure the child and there is a reas onable likelihood of the threat threat being carried out, or has kill ed, abused or negl ected som e www.hanumant.com/Cr PC- U ni t1314- Juvenil eJusticeAct.html

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3. 4. 5. 6. 7. 8. 9.

other child or children and there is a reasona ble likelihood of the child in question being killed, abuse d or neglected by that person, who is m entally or physically challenged or ill children or children suffering from termina l diseas es or incurable diseas es ha ving no one to s upport or look after, who has a parent or guardian and su ch parent or guardian is unfit or incapacitated to exercise control over the child, who does not have parent and no one is will ing to take care of or whose pa rents have abandoned him or who is mis sin g and run away child and whos e parents cannot be found after reasonabl e inquiry, who is being or is li kely 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 to be abused for unconscionable gains , who is victim of any armed conflict, civil com motion or natural calam ity;

Neglected Child The term neglected child has been rem oved from the current JJA and has been replaced wi th "Child in need of care and protection" defined above. The old act defines "neglected juvenile" as a juvenile w ho(i) is found begging; or  (ii) is found without having any hom e or settled place of abode and without any ostens ible m eans o f subsi stence and is destitute; (iii) has a parent or guardian who is unfit or incapacitated to exercise control over the juvenile; or  (iv) lives in a brothel or wi th a pros titute or frequently goes to any place used for the purpose o f prostitution, or is found to ass ociate with any prostitute or any other person who le ads a n im mo ral, drunken or depraved life; (v) who is bein g or is likely to be abuse d or exploited for immo ral or illegal purposes or unconscionable gai n; Section 2(k) - "juvenile" or "child" mean s a pers on who has not completed eighteenth year of age; Section 2(l) - "juvenile in conflict with law"  mea ns a juvenile who is alleged to have comm itted an offence; Section 2(b) - "Begging" means i. soliciting or receiving alm s in a public place or entering into any private premis es for the purpose of s oliciting or  receiving a lms , whether under an y pretence; ii. exposi ng or exhibiting with the object of obtaining or e xtorting alm s, any sore, wound, in jury, deformity or dis ease, whether of hims elf orof any other person or of an anim al;

Composition and Procedure followed by Juvenile Justice Court. Composition  As per Section 4 (1) The State Government m ay constitute for a dis trict or a group of districts s pecified in the notification, one or m ore Juvenile Justice Boards for exercising the powers a nd discharging the duties conferred or impos ed on such Boards i n relation to  juveniles in conflict with law und er this act. (2) A Board shall consis t of a Metropolitan Magis trate or a Judicial Magis trate of the first class , as the cas e m ay be, and two social workers of whom at least one s hall be a w om an, forming a Bench and every such Bench s hall have the powers conferred by the Code of Crim inal Procedure,on a Metropolitan Magis trate or, as the case may be, a Judicial Magis trate of  the first clas s an d the Magistrate on the Board shall be de signa ted as the principal Magistrate. (3) No Magis trate shal l be appointed as a m embe r of the Board unless he has s pecial knowledge or training in child psychology or child welfare and no social worker shall b e appointed as a m em ber of the Board unless he has bee n actively involved in health, education, or welfare activities pertaining to children for at least seven years. (4) The term of office of the mem bers of the Board and the ma nner in which such m emb er may resi gn shal l be such as may be prescribed. (5) The appointment of any member of the Board may be terminated after holding inquiry, by the State Government, if i. he has been found guilty of mis use o f power vested under this act, ii. he has been convicted of an offence involving m oral turpitude, and s uch conviction has not been reversed or he has not been granted full pardon in respect of such offence, iii. he fails to attend the proceedings of the Board for consecutive three m onths wi thout any valid reas on or he fails to attend les s than three fourth of the s ittings in a year. Section 5 - Procedure (1) The Board shall m eet at such times and sh all, observe such rules of procedure in regard to the transaction of busi ness at its m eetings, as m ay be prescribed. www.hanumant.com/CrPC-Unit1314-JuvenileJusticeAct.html

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(2) A child in conflict with law m ay be produced before an indi vidual m ember of the Board, when the Board is not sitting. (3) A Board may act notwithstanding the abs ence of any member of the Board, and no order m ade by the Board s hall be invalid by reason only of the absence of any mem ber during any stage of proceedings: Provided that there shall be at least two mem bers including the principal Magistrate present at the time of final dispos al of the case. (4) In the event of any difference of opinion am ong the m embers of the Board in the interim or final dis posi tion, the opinion of  the ma jority shal l prevail, but where there is no s uch m ajority, the opinion o f the principal Magistrate, shal l prevail. Section 6 - Powers of the Board (1) Where a Board has been cons tituted for any district or a group of dis tricts, s uch Board shall , have power to deal exclusively with all proceedings under this Act, relating to juvenile in conflict with law. (2) The powers conferred on the Board by or under this Act may also be exercised by the High Court and the Cou rt of  Sess ion, when the proceedings comes before them i n appeal, revisi on or otherwise.

Orders that can be passed for delinquent children Section 15 - Orders that may be passed regarding a Juvenile 1. Where a Board is satis fied on inquiry that a juvenile has comm itted an offence, then notwithstanding anything to the contrary contained in any other law for the time being in force, the Board may, if it thinks so fit,(a) allow the juvenile to go hom e after advice or adm onition following appropriate inquiry against and couns eling to the parent or the guardian a nd the juvenile; (b) direct the juvenile to participate in group couns eling and sim ilar activities; (c) order the juvenile to perform comm unity service; (d) order the parent of the juvenile o r the juvenile h ims elf to pay a fine, if he is over fourteen years of age and earns money; (e) direct the juvenile to be released on probation of good conduct and placed under the care of any parent, guardian or other  fit person, on s uch parent, guardian or other fit person e xecuting a bond, wi th or without surety, as the Board m ay require, for  the good behavior and well-being of the juvenile for any period not exceeding three years; (f) direct the juvenile to be releas ed on probation of good conduct and p laced under the care o f any fit institution for the good behavior and well-being of the juvenile for any period not exceeding three years; (g) make an order directing the juvenile to be s ent to a s pecial hom e,i. in the case of juvenile, over seventeen years but less than eighteen years o f age for a period of not less than two years; ii. in cas e of any other juvenile for the period until he ceases to be a juvenile : Provided that the Board may, if it is satisfied that having regard to the nature of the offence and the circumstances of the case it is expedient so to do, for reasons to be recorded, reduce the period of s tay to such period as it thinks fit. 2. The Board shal l obtain the s ocial investigation report on juvenile either through a probation officer or a recognized voluntary organization or otherwise, and s hall take into consid eration the findings of such report before pass ing an o rder. 3. Where an order under claus e (d), clause (e) or clause (f) of sub-section (1) is made , the Board may, if it is of opinion that in the interests of the juvenile and of the public, it is expedient so to do, in addition m ake an order that the juvenile in conflict with law s hall rem ain under the supe rvisio n of a probation officer named in the order during such period, not exceeding three years as may be specified therein, and may in such s upervisi on order impos e such conditions as i t deems neces sary for the due s upervisi on of the juvenile in conflict with law . Provided that if at any time afterwards it appears to the Board on receiving a report from the probation officer or otherwise, that the juvenile in conflict with law has not been of good behavior during the period of s upervisi on or that the fit institution under whos e care the juvenile was placed is no lo nger able or willing to ensure the good behavior and well-being of the  juvenile it may, after making such inquiry as it deems fit, order the juvenile in conflict with law to be se nt to a special hom e. The Board shall whi le m aking a s upervisio n order under sub-s ection (3), explain to the juvenile and the parent, guardian or  other fit person or fit institution, as the case may be, under whose care the juvenile has been placed, the terms and conditions of the order shal l forthwith furnish one copy of the supervis ion order to the juvenile, the parent, guardian or other fit person or fit institution, as the cas e m ay be, the s ureties, if any, and the probation officer. In case of Municipal Corporation of Delhi vs Rattanlal, 1971, it was hel d that while allowing the releas e of a juvenile, the court should cons ider the following - circumstances of the case, circums tances of the accused, age, and famil y background. Section 16 Orders that may not be passed against a Juvenile (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no juvenile in conflict with law s hall be s entenced to death or life impris onm ent, or comm itted to prison in default of paymen t of fine or in default of  furnishing security : www.hanumant.com/CrPC-Unit1314-JuvenileJusticeAct.html

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Provided that where a juvenile who has attained the age o f sixteen years has comm itted an offence and the Board is satis fied that the offence comm itted is of so s erious in nature or that his conduct and behavior have been s uch that it would not be in his interest or in the interest of other juvenile in a s pecial hom e to send him to such special hom e and that none of  the other meas ures provided under this Act is s uitable or s ufficient, the Board m ay order the juvenile in conflict with law to be kept in s uch place of s afety and in s uch m anner as it thinks fit and shal l report the case for the order of the State Government. (2) On receipt of a report from a Board under sub-s ection (1), the State Government m ay ma ke such arrangem ent in respect of the juvenile as it deems proper and m ay order such j uvenile to be kept under protective custody at such place and on such conditions as it thinks fit : Provided that the period of detention s o ordered s hall not exceed the m aximum period of im prisonm ent to which the juvenile could have been s entenced for the offence comm itted. In Rejesh Kheton vs State of W B, 1983,  it was observed that the m ain object of the provisio n contained in Section 16 of the act is to prevent the juvenile from the contact of hardened crim inals so that they are saved from contamination. In Sheela Barse vs U of I , AIR 1986, it was held that juveniles shoul d not be held in jail but in Shelter Hom es.

Observation Home - Section 8 Special Hom e - Section 9 Bail to Juvenile - Section 12

Protections given by the legislature and the judiciary to juvenile delinquents Protection by Legislature - The legis lature has enacted several laws for the protection of Juveniles . Most im portant among them is Juvenile Justice (Care and Protection) Act, 2000. Legal Protection Through Juvenile Jus tice (Care and Protection) Act, 2000, several m easu res h ave been adopted to ens ure that a juvenile is not punished or treated like hardened crimin als. Some of the meas ures are 1. 2. 3. 4. 5.

Hearing of cases involving juvenile by Juvenil e Justice Board Bail Provisi ons for juvenile No prison term to juvenile. No joint proceeding of Juvenile and Non Juvenile Rem oval of dis qualification attached to conviction

Social Protection Juvenile Jus tice Act also contains mea sures to ensure that a juvenile in conflict of law is given opportunities to reform. 1. Establishm ent of Observation and Special Home 2. Education and Training facilities Preventive Measures 1. Several acts such as emp loymen t of juveniles in dangerous activities, forcing juveniles to beg, or steal, or giving intoxicating subs tances to a juvenile, publication of nam es or other details of a ju venile in conflict of law in m edia, have been made cognizable offences by JJA. 2. Supervisi on by Probation Officer to ensure that a juvenile is not influenced by bad elem ents. Several other acts such as Factories Act, 1948 include p rovisi ons for protection of Juveniles . Constitutional Provisions

 Article 21A - Right to education  Article 24 Prohibition of employment of children in factories, etc. No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.  Article 39 provides that that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood an d youth are protected agains t exploitation and agains t moral and material abandonment.  Article 45 Provis ion for free and comp uls ory education for child ren

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Protections given by Judiciary Judiciary has always been very sympathetic to the cause of Juveniles. Even before appropriate laws were enacted, Judiciary promoted di rectives for the protection of juveniles through its judg emen t. For exam ple, it was the judiciary, which em phasi zed on Education for children by making it a fundam ental right under Article 21.

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