Juvenile Justice (Caring and Child Protection) Act, 2015 has been endorsed by the Indian Parliament amidst controversy, debate and protest over many provisions by the Fraternity of the Rights of the Child. It replaces Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000, and allows adolescents to conflict with Laws in the 16-18 year age group, involved in Heinous Offenses, to be tried as adults. The law comes into force on 15 January 2016.
It was adopted on May 7, 2015 by Lok Sabha amid strong protests by several Members of Parliament. It was passed on December 22, 2015 by Rajya Sabha.
To simplify adoption procedures for orphaned, abandoned and surrendered children, the existing Central Adoption Resource Authority (HOW) has been granted the status of legal entity to enable it to perform its functions more effectively. A separate section on Adoption provides detailed provisions relating to adoption and penalties for non-compliance. The process has been simplified with timelines for adoption across countries and among countries including declaring legally free children for adoption.
As in 2018, the Ministry of Women & amp; The Child Development of Government of India is working to bring the amendment, primarily to remove the courts from the adoption process and submit it to the District Magistrate/Magistrate Executives, despite national protests against the move.
Video Juvenile Justice (Care and Protection of Children) Act, 2015
History
The Ministry of Women and Children Development began to reflect on some of the desired amendments in 2011 and the consultation process with various shareholders began. The rapes of Delhi's gang rape in December 2012 have a tremendous impact on the public's perception of the Act. One of the defendants in the Delhi gang rape of 2012 is a few months younger than 18 years. He was tried in a children's court. One of the inmates was found to be a teenager and was sentenced to 3 years in a reform house. Eight written petitions that allege the Act and some of its provisions become unconstitutional were heard by the Supreme Court of India in the second week of July 2013 and dismissed, holding the Act constitutional. The demand for teenage reduction from 18 to 16 years was also rejected by the Supreme Court, when the Indian Union declared that there was no suggestion to reduce the age of a teenager.
On July 31, 2013, Subramanian Swamy, a BJP politician filed a Public Interest Litigation in the Supreme Court of India seeking that the child be tried as an adult in court. The court asked the juvenile court to postpone its verdict. After the Supreme Court allowed the juvenile court to give its verdict, the child was sentenced to 3 years in a reform house on 31 August 2013. The victim's mother criticized the verdict and said that by not punishing the juvenile court it encourages other teenagers to commit similar crimes.
In July 2014, Minister of Women and Child Development, Maneka Gandhi said that they are preparing a new law that will allow 16 years to be tried as an adult. He said that 50% of teen crimes were committed by teenagers who thought they were getting away with it. He added that changing the law, which would allow them to be tried for murder and rape as adults, would scare them. The bill was introduced in Parliament by Maneka Gandhi on 12 August 2014. On April 22, 2015, the Cabinet cleared the final version after several changes.
The revised Tribal Justice Bill was ratified in Lok Sabha on May 7, 2015. The new bill will allow minors in the 16-18 age group to be tried as adults if they commit a heinous crime. The crime will be examined by the Juvenile Justice Council to ascertain whether the crime was committed as a 'child' or 'adult'.
Maps Juvenile Justice (Care and Protection of Children) Act, 2015
Summary
The bill will allow the Council of Justice of Youth, which will include psychologists and sociologists, to decide whether a teen criminal in the 16-18 age group should be tried as an adult or not. The bill introduces the concept of the Hague Convention on Child Protection and Cooperation in Respect for Inter-State Adoption, 1993 which was lost in previous action. The bill also seeks to make the adoption process of orphaned, abandoned and surrendered slimmer children.
The bill introduces foster care in India. Families will register for care and abandonment, orphaned children, or those in conflict with the law will be sent to them. Such families will be monitored and will receive financial assistance from the state. In adoption, disabled children and children who are physically and financially incapable will be given priority. Parents who submit their child for adoption will get 3 months to reconsider, compared to the previous one month requirement.
A person who provides alcohol or drugs to a child will be sentenced to 7 years in jail and/or an INR100.000 fine. Physical punishment will be punishable with INR50,000 or 3 years in prison. Someone who sells a child will be fined with INR100,000 and jailed for 5 years.
One of the most criticized steps in the new JJ Bill 2015 is the introduction of the "Judicial Waiver System" which allows the treatment of adolescents, under certain circumstances, in the adult criminal justice system and to punish them as adults. It is for the first time in Indian history that such a provision has been determined. Given the harsh criticism, Bill was referred to the Standing Parliament Committee who also rejected the provision. Since the recommendations of the Parliament Standing Committee are non-binding, the Government has moved forward and introduced the bill at Lok Sabha, where it was passed.
Bill was also criticized for prescribing a blurry Age Determination System and poor design. There have been many drafting errors that have come to notice after the bill was launched for implementation on January 15, 2016. Now the Government is working on amendments to ensure such errors.
The bill now stands Passed at Rajya-Sabha on Tuesday December 22, 2015, after the Nirbhaya case accused teenagers of being released.
Works
There is a separate legal framework for children who are accused of crimes. The Juvenile Justice (Care and Protection of Children) Act, 2015 applies whenever the person accused of a crime is a child. This also applies to vulnerable children who need government to care for them (albeit only briefly). For such children who need help to get a better and satisfying life, the law provides a number of mechanisms (including adoption, sponsorship, and upbringing).
Usually, if a person is accused or arrested or detained in India, ordinary criminal procedure under the Criminal Code of Criminal Procedure 1973 applies. A defendant may be held for months. The code also explains how people will be tried to decide guilty or not.
The JJ Act ensures that such rough procedures do not apply to children. Thus, for Children in Conflict with Law, has created alternative, more lenient and child-friendly arrangements.
This arrangement is largely controlled by the Juvenile Justice Board, and ensures that children are not united in ordinary jails with regular offenders. It also ensures that children are reintegrated into the community after completing their sentencing provisions. [1]
What penalties and punishments can JJB provide?
There are no such penalties in the JJ Act. However, the JJ Act lists the following dispositional directives that JJB can pass:
- Give the child a firm warning, let the child go home while simultaneously counseling parents;
- Ordering children to attend group counseling sessions;
- Order a child to perform a supervised community service;
- Order a parent or guardian to pay a fine.
- Releasing the child in trial. The parent or guardian must implement a bond (up to 3 years) which may include assurance and be responsible for the child's behavior. Responsibilities may also be submitted to 'suitable persons' or 'fit facilities' who are recognized persons or governmental organizations or NGOs who are prepared to assume child responsibilities.
- Send the child to the Special House for three years.
If, JJB thinks that keeping a child in a Special House will be against his or her interests, or other children in the house, then the child can be sent to the Place of Salvation. Do not forget that the JJ Act follows the principle of institutionalization as a last resort, which means that this penalty should be extraordinary.
JJB may also provide orders that direct children to attend school or vocational training, or prevent children from going to a certain place. [2]
Criticism
During the Lok Sabha debate in May 2015, Shashi Tharoor, Member of the Parliamentary INC (MP), argued that the law was contrary to international standards and that most children who violate the law come from poor and illiterate families. He said that they should be educated not punished.
Child Rights Activists and Women Rights Activists have referred to the bill as a regressive measure and criticized the bill. Many experts and activists view the post-December 2012 response of Delhi Gang Rape as the creation of media sensationalization on this issue, and warned against any regressive step to disrupt the momentum of the Juvenile Justice Courts in this Country. But some sections of society feel that in the view of terrorism and other serious offenses, the Juvenile Justice Act of 2000 needs to be changed to include a punitive approach to the existing Child Juvenile Justice Act, which so far is purely rehabilitative and reformative. Some argue that it is not necessary to undermine the Juvenile Justice Act to install an effective counter-terrorism tool. Retired Delhi High Court Judge, Judge RS Sodhi on August 8, 2015 told Hindustan Times, "We are a civilized nation and if we become barbarians by turning our own laws, the enemy will succeed in destroying our social structure. it is but we have to condemn this move sending children to fight their wars "
See also
- gang rapes Delhi 2012, a case of rape in which one of the inmates is a teenager
- Odisha State Children's Protection Society
External links
- Text Bill authorized by Lok Sabha
- Standing Committee Report
- Bill text as it was introduced
- Simple Explanation of Justice Act Act
- [3]
References
Source of the article : Wikipedia
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