Juvenile Justice (Care and Protection of Children) Act, 2000

Introduction:

The youth of a nation is considered one of the greatest assets to the state and the country. But sometimes, this asset, if not regulated properly and cautiously, can cause a major hindrance to society. Therefore, the state had come up with certain legislations that govern and regulate the Juvenile Wrongs and the Wrongdoers which help them to rehabilitate and become a better, if not the best, asset to the nation. However, some factors make a person a criminal.

Criminals are not born rather made.

Certain factors like Society plays a huge role in framing the mindset of the people, especially, youth. Society can brainwash an individual positively or negatively. Social groups can easily manipulate someone to do a certain task. A good and common example of this can be the brainwashing of people by terrorist organizations that negatively influences people to commit to violence in the name of their respective religion. Hence, there is a huge and urgent need to formulate certain stricter legislation concerning the Youth of the nation.

Meaning of the word Juvenile

According to the Cambridge Dictionary, the meaning of the word “Juvenile” means, relating to a young person who is not yet old enough to be considered an adult.[1]

The long title of the Act

“An Act to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this enactment.”

Background of the Juvenile Justice Laws in India

The Apprentices Act, 1850 was the first-ever known legislations when it comes to the regulations concerned with Juvenile Laws in India. The Act permitted courts to treat youngsters who had submitted negligible offenses as apprentices as opposed to sending them to Prison Cells.

Another Legislation related to Juvenile Laws in India was The Reformative Schools Act which was enacted in the year 1897, during the colonial period. According to this legislation, Children under 15 who were condemned to detainment might be shipped off to reformatory schools rather than penitentiaries. From that point forward the inclination has been to extend the extent of the juvenile justice law and move away from the regular prison system framework. Different Presidencies started formulating their respective and own legislations relating to juvenile justice laws. For example, the Presidency of Madras came up with The Madras Children Act, 1920 which set up a different juvenile court and the private organizations under it, in this way guaranteeing that youngsters didn’t confront the criminal equity framework.

The above-mentioned legislation was expected to separate children from the regular and the most common criminal justice framework a grown-up guilty party would look at by accommodating the foundation of isolated youngsters’ courts to manage all cases secured under the Act. Moreover, separate private organizations were set up where youngsters in strife with the law would remain forthcoming finish of their procedures or even after the removal of their cases by the children courts guiding them to be shipped off an establishment. In the immediate days of the Post-Independence era, in 1953, The Parliament of India did discuss a Children’s Bill but the idea of the bill was dropped in view of the reorganization of States.[2]

The Parliament authorized the main focal enactment, in particular, the Children Act, 1960 as the model law. Hereafter, all the states followed similar examples while sanctioning their enactments. The focal Act was relevant just to the Union Territories. The Children Bill of 1959 was moved to the parliament by the education minister who while moving the bill expressed that the main perspective and the purpose for establishing Juvenile Justice was recorded in the State List of the Constitution of India. The Children Bill of 1959 prohibited and disallowed the charging of capital punishment or sentence of detainment or utilization of correctional facilities or police headquarters for holding youngsters under any condition. It didn’t perceive the option to select a legal counselor or attorney in the procedures under the steady gaze of the Juvenile court.

A similar position in the Saurashtra Children Act was declared to be unconstitutional by the Gujarat High Court in 1969. The Children Act, 1960 was amended in 1978 to permit lawyers to appear before the Child Welfare Board.[3] In any case, this went futile and the Parliament at last enacted The Juvenile Justice (Care and Protection of Children) Act in the year 2000. The Parliament thought that it was convenient to re-enact the current law identifying with juveniles remembering the standards endorsed in the CRC[4] (explained in the next sub-topic), the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (hereinafter, the Beijing Rules), the United Nations Rules for the Protection of Juveniles denied of their Liberty, 1990 (hereinafter, the 1990 Rules), and all other pertinent instruments. The Act of 2000 was altered in 2006 and new Model Rules, 2007 were notified on October 26, 2007.[5]

Juvenile Justice (Care and Protection) Act, 2000

The Legislature in the year 2000, enacted the Juvenile Justice (Care and Protection of Children) to merge and change the law identifying with juvenile in strife with law and children needing care and protection, by accommodating appropriate care, protection and treatment by taking into account their advancement needs, and by embracing a youngster inviting methodology in the settling and demeanor of issues to the greatest advantage of children and for their definitive restoration through different foundations set up under this law.

This particular legislation ended up being very successful with various convicts been held for commission of offenses under the Act of 2000, which prior went unnoticed because of the nonappearance of a particular law in such manner. Under the Indian Constitution, Articles 15(3), 39(e), 39(f), 45, and 47 force an established commitment on the State to guarantee that all the requirements of the children are satisfied and their fundamental rights are secured. In the year 1989, the Convention on the Rights of Child was adopted by the UNGA[6] and the convention provided the member nations with some guidelines, rules, and regulations. The Convention was ratified by the Indian Government in the year 1992 and the need for proper legislation for juvenile justice was felt and hence, the government of India enacted the Juvenile Justice (Care and Protection of Children) Act, 2000 which came into effect on 30th December, 2000.

The law saw its course and over the years the JJ Act, 2000 proved to be a combative law to deal with the problems of juvenile crimes. The Act of 2000 was a genuine exertion made by the Indian law-making body to instill the standards of the United Nations Conventions like the CRC, the Beijing Rules, and the 1990 Rules. As per the Supreme Court of India, the Juvenile Justice Act, 2000 is enacted to manage offenses committed by juveniles in a way that was intended to be unique in relation to the law relevant to adults. The very plan of the Act was the restoration in nature and not antagonistic which the Courts are commonly used to. Its usage subsequently required a total change in the mentality of the individuals who are vested with the power of implementing the equivalent without which it will be practically difficult to accomplish its main aim and goal.[7]

Conclusion and Comments

With the implementation of the said legislation, the proceedings of the cases related to Juvenile Wrongs were impacted positively and by implementing specific and special laws for Juvenile Justice, the legislature has helped in the smooth functioning of the courts by establishing special Children’s Courts. Also, while specifying special punishments for Juvenile Wrongs, the punishments are concentrated towards helping the wrongdoer achieve a better status in the society and be an asset to the nation by rehabilitating and counseling him (or her). All the Juvenile Justice Legislations are focused on rehabilitating and helping the wrongdoers towards making them a better human being rather than imposing harsh punishments on them.

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References:

[1] Juvenile, Cambridge Dictionary, https://dictionary.cambridge.org/dictionary/english/juvenile

[2] Jhuma Sen, Juvenile Justice Amendment Act Regressive Step,  January 22, 2016, FRONTLINE, https://frontline.thehindu.com/cover-story/regressive-step/article8068317.ece

[3] s.aatif23, The Juvenile Justice Care and Protection of Children Act, 2000 and The Juvenile Justice Care and Protection of Children Act, 2015, LegalServiceIndia.com, http://www.legalservicesindia.com/article/2482/The-Juvenile-Justice-Care-and-Protection-of-Children-Act,-2000-and-The-Juvenile-Justice-Care-and-Protection-of-Children-Act,-2015.html

[4] CRC – Convention on the Rights of Child

[5] Ibid.

[6] UNGA – United Nations General Assembly.

[7] s.aatif23, The Juvenile Justice Care and Protection of Children Act, 2000 and The Juvenile Justice Care and Protection of Children Act, 2015, LegalServiceIndia.com, http://www.legalservicesindia.com/article/2482/The-Juvenile-Justice-Care-and-Protection-of-Children-Act,-2000-and-The-Juvenile-Justice-Care-and-Protection-of-Children-Act,-2015.html