Introduction: Child-Centric Justice for a Better Tomorrow
The Juvenile Justice (Care and Protection of Children) Act, 2015 is a landmark Indian law that provides a comprehensive framework for addressing the rights and rehabilitation of children in conflict with the law and those in need of care and protection. Replacing the earlier 2000 Act, the 2015 legislation aligns itself with international child rights standards and ensures a reformative, rehabilitative, and non-punitive approach to juvenile justice.
Let us examine the key features of this Act that aim to protect the dignity, development, and future of every child.
Applicability of the Act
The Act applies to two broad categories of children:
- Children in Conflict with the Law (CCL): Those who are alleged or found to have committed an offence and are under 18 years of age.
- Children in Need of Care and Protection (CNCP): Children who are abandoned, orphaned, abused, exploited, or in any vulnerable condition.
Establishment of Statutory Bodies
To implement the provisions effectively, the Act mandates the establishment of the following:
- Juvenile Justice Board (JJB) for handling inquiries related to children in conflict with the law.
- Child Welfare Committee (CWC) for dealing with children in need of care and protection.
- Special Juvenile Police Units (SJPU) and Child Welfare Police Officers to handle juvenile cases sensitively.
- Child Care Institutions (CCIs) such as Observation Homes, Special Homes, and Aftercare Homes for proper rehabilitation.
These bodies are designed to offer a child-friendly, non-adversarial, and protective environment.
Differentiated Treatment for Heinous Offences
One of the most debated features of the 2015 Act is the provision that allows children aged 16 to 18 years who are accused of heinous offences (punishable with imprisonment of 7 years or more) to be tried as adults, depending on a preliminary assessment by the Juvenile Justice Board.
The assessment examines:
- The mental and physical capacity to commit the offence
- The understanding of the consequences
- The circumstances of the offence
This ensures a balance between child rights and public safety, especially in serious crimes.
Child-Friendly Inquiry and Trial Procedures
The Act ensures that all procedures are conducted in a non-stigmatizing and child-sensitive manner:
- No child is to be handcuffed or put in a police lock-up.
- The child is presented before the Juvenile Justice Board within 24 hours.
- Proceedings are conducted in-camera, maintaining confidentiality.
- Legal aid is made available to every child.
- The identity of the child cannot be revealed to the media.
Focus on Rehabilitation and Social Reintegration
The law focuses heavily on reform rather than punishment. Various rehabilitative measures include:
- Individual Care Plans tailored to the needs of each child.
- Vocational training and education for self-sufficiency.
- Counseling and psychological support.
- Community service and supervised probation.
- Restitution and restorative justice programs where feasible.
The goal is to reinstate the child into society with dignity and independence.
Aftercare for Young Adults
The Act recognizes that children transitioning into adulthood require extended support. Hence, aftercare services are offered up to the age of 21 (or 23 in some cases), including:
- Shelter, food, and clothing
- Skill development
- Education support
- Job placement assistance
- Continued psychological help
This helps prevent recidivism and promotes independent living.
Handling of Adoption and Foster Care
The Juvenile Justice Act, 2015 gives a statutory framework for adoption, incorporating the Central Adoption Resource Authority (CARA) and laying down procedures for:
- In-country and inter-country adoption
- Step-child adoption
- Adoption by relatives
Foster care is also encouraged as a temporary arrangement for children without parental support.
Role of NGOs and Community Participation
The Act promotes the active role of civil society organizations, volunteers, and local bodies in child protection. NGOs can:
- Operate child care institutions after registration
- Assist in rescue and rehabilitation
- Offer legal and psychological support
- Conduct outreach and awareness programs
Community participation ensures holistic and ground-level engagement in protecting child rights.
Monitoring, Accountability, and Penalties
To ensure transparency and accountability:
- Institutions must register under the Act.
- There are strict penalties for non-compliance or ill-treatment of children.
- The National and State Child Protection Commissions monitor implementation.
- Monthly reports, audits, and inspections are mandated.
Abuse or neglect of a child in care institutions is treated as a criminal offence.
Special Provisions for Children in Need of Care and Protection
Children who are found to be:
- Abandoned or without any family support
- Victims of child labor, trafficking, or abuse
- Mentally or physically challenged without guardianship
- Living on the streets or in hazardous environments
…are provided with immediate medical aid, food, shelter, education, and counseling, followed by a long-term rehabilitation plan.
Alignment with International Conventions
The Juvenile Justice Act, 2015 is aligned with:
- The UN Convention on the Rights of the Child (UNCRC)
- The Beijing Rules
- The Havana Guidelines
- The Riyadh Guidelines
This makes India’s child justice system globally compliant and ethically grounded.
Memory Code Table: Salient Features of Juvenile Justice Act
| Code | Feature | Description |
|---|---|---|
| AP | Applicability | Covers both CCL and CNCP |
| JB | Juvenile Board | Handles inquiries and hearings |
| HO | Heinous Offences | 16–18 years may face trial as adults after assessment |
| CF | Child-Friendly Procedures | Confidential, legal aid, no handcuffs, no lock-up |
| RE | Rehabilitation Focus | Counseling, education, skill-building, community service |
| AC | Aftercare | Continued support post-18 |
| AD | Adoption & Foster Care | Legal framework for domestic and inter-country adoption |
| NGO | NGO Participation | Civil society’s role in care and rehabilitation |
| MO | Monitoring & Accountability | Registration, audits, penalties for violations |
| IN | International Compliance | Conforms with UNCRC, Beijing, and other global standards |