Discuss the salient features of Juvenile Justice Act of 2000.
The frst central legislation on Juvenile Juvenile Justice was passed in 1986, by the Union Parliament, Parliament, providing a uniorm law on !uvenile !ustice or the entire country" Prior to this law each state had its own enactment on !uvenile !ustice with there being di#erences in the way !uveniles were treated by di#erent state legal systems" The Juvenile Justice $ct was thus passed to provi provide de care, care, prote protecti ction, on, treat treatmen ment, t, develo developme pment nt and and rehab rehabil ilita itatio tion n o neglec neglected ted or delin%uent !uveniles and or the settlement o certain matters related to and disposition o delin%uent !uveniles" There are certain guiding principles which need to be adhered to in the administration administration o !uvenile !ustice and they orm the basis on which the $ct and the &ules &ules are ormed" The !uvenile !ustice unctionaries unctionaries should abide by the ollowing undamental principles in order to understand the $ct, interpret according to the situation in which the child is ta'en into custody and most importantly contribute to better and e#ective implementation o the $ct" Principles to be ollowed in administration o the rules( ) ) ) ) ) ) ) ) ) ) ) ) ) )
Prin Princi cipl ple e o pres presum umpt ptio ion n o inn innoc ocen ence ce Prin Princi cipl ple e o o d dig igni nity ty and and wort worth h Princ rincip iple le o &igh &ightt to to be be hea hearrd Princ rincip iple le o *est *est +nte +nterrest est Prin Princi cipl ple e o am amil ily y res respo pons nsib ibil ilit ity y Princ inciple ple o aety ety -no -no harm, no abus buse, no neg neglec lect, no e.plo .ploit ita ation tion and no maltreatment/ Positiv Positive e measures measures to to promote promote wellbe wellbeing ing o the the child, child, reduc reduce e vulnerab vulnerabilit ilities ies and and aim at development o child0s identity Princip Principle le o non)stig non)stigmati matiing ing semantics semantics,, decis decisions ions and actions actions Prin Princi cipl ple e o o non non)w )wai aive verr o o rig right hts s Princ Principl iple e o e%ual e%uality ity and non)d non)disc iscrim rimina inatio tion n Princ Principl iple e o righ rightt to pri privac vacy y and and confd confdent ential iality ity Princ rincip iple le o last last resor esortt Princ Principl iple e o o repa repatri triati ation on and resto restora ratio tion n Princ rincip iple le o 2resh esh ta tart rt
3hen these principles are adhered to in letter and spirit, it would certainly ensure that every child who comes into contact with the JJ ystem is assured saety, care, protection and !ustice" The new bill is an improvement over the e.isting JJ $ct, 1986" 4any changes have been introduced within the e.isting $ct without changing the $ct altogether" The changes brought about the new *ill child riendly and more participatory" The salient eatures o Juvenile Justice $ct, $ct, 5 are are highlighted below( below( 1" The terms terms such as 7elin%uent7 7elin%uent7 and 7eglected: have been substituted substituted with with the term term 7Juvenile in con;ict with the
ence the title o the *ill has been given as the Juvenile Justice -=are and Protection o the =hildren/ *ill" 5" The preambl preamble e o the *ill has been e.pande e.panded d to ta'e care care o the development development needs needs and rehabil rehabilitati itation on by adopting adopting a child child riendly riendly approach approach in the ad!udica ad!udication tion and disposition o the matter in the best interest o the children" The bill is based on o
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=onstitutional provisions including clause -?/ o article 1@, clauses -e A / o article ?9,B@, BC" =onvention on the &ights o the =hild 1989
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United ations tandards 4inimum &ule or $dministration o Juvenile Justice, 198@ -*ei!ing rules/ United ations rules or protection o Juvenile deprived o their liberty, 198" ?" The competent authority or dealing with the Juvenile in con;ict with the law has been termed as Juvenile Justice *oard and that o children in need o care and protection as Juvenile 3elare =ommittee" The *oard is vested with magisterial powers as it deals with children who have not committed any o#ence" B" The *ill provides grounds or termination o a member o the *oard as well as the =ommittee" @" Dualifcation o a member to be appointed on the *oard or the =ommittee has been specifed to avoid the political nominee who generally do not have genuine interest in the feld" 6" *ill ma'es provision or the transer o government run homes to EFs" C" The social organiations and social wor'ers or a child himsel have been empowered to receive and produce the children beore the *oard and =ommittee, as a case may be beside the police" 8" The provision o social auditing to monitor and to evaluate the =hildren >ome through outside person and institution has been made" 9" The >omes or =hildren in need o care and Protection have been converted into comprehensive >omes rom where the restoration can ta'e place as is presently done in Fbservation >omes" The children not restored shall continue to live on till they attain the age o 18 years" This will be e.plicit in the model rules" 1"*ill prescribes a uniorm age o 18 years or both boys and girls" 11"$ new chapter -or rehabilitation and reintegration/ has been added bringing in the adoption, oster care, sponsorship and lin'age and coordination between social organiations into the old o the *ill to provide alternative mode o rehabilitation" 15"There is a provision or constituting central, state, district and city advisory boards consisting o member:s rom Panchayat, Gila Parishad, 4unicipal corporation and social wor'ers etc" which is a new dimension or the local people participation" 1?"H#orts have been made to give the *ill, as much as possible, an independent legal status" The role o the state has also been minimied by vesting powers directly to local sel)government, EFs and social wor'ers" The role o the tate is limited to a acilitator rather than doer by involving voluntary sector and local bodies" 1B"+n the defnition o children in need o care and protection, new categories li'e street children without any settled place or abode, children living with persons who are li'ely to be 'illed or abused, mentally or physically challenged or ill children or children su#ering rom terminal diseases or incurable diseases having no one to support or loo' ater, abandoned children, li'ely to be grossly abused, tortured or e.ploited or the purpose o se.ual abuse or illegal $ct" 1@"=hildren vulnerable to rug abuse and traIc'ing and children victim o armed con;ict, civil commotion or natural calamity have been added" 16"pecial Juvenile Police Units with a humane approach through sensitisation and training o a Police personnel have been incorporated" 1C"The use o adversarial or accusatory vocabulary such as 7&emand7, 7$ccused7, 7Trial7, 7Prosecution7, 73arrant7, 7ummons7, 7=onviction7, 7+nmates7, 7=ourt7, etc" have been deleted in the new $ct" 18"+n the two 'inds o >omes under this $ct, the >ome or =hildren in need o care and protection is now open to media, since there is no stigma attached to these children and >omes" The ec" ?6 in the old JJ $ct prohibiting the publication o photographs and the names o the children under in%uiry shall now apply only to children who come in con;ict with the law under the new $ct" 19"$ provision or a resh start new beginning or the !uvenile child by ensuring erasure o records shall be made in the model rules" 5"$ provision in the model rule shall be made or ree legal aid rather than proessional in attire pleading the !uvenile case beore the *oard" This oten leads to linger the prolonging o a case or years"
51"The model rules shall also provide care and protection or oreign children beore they are repatriated through procedural arrangements" 55"Under the new $ct, a speedy disposal o cases within B months has been assured" 5?"The new $ct vests 4agisterial Powers to the =ommittees, which shall unction as the bench o the 4agistrate" The individuals o the =ommittee however shall not have magisterial powers under the ew $ct" 5B"3hile individual members o the =ommittee or *oard can grant permission to ta'eplace the =hild in sae custody but the fnal disposition shall have the signature o at least two members o the =ommittee *oard as the case may be" 5@"*esides =hildren:s >omes, provisions or a new 'ind o >omes called helter >omes, has been made in the $ct" The shelter home shall unction as rop)in) =enter or children in need o urgent support" 56"The %ualifcation o the individual to be eligible to be appointed as a member o the *oard has been specifed as having 'nowledge and training in child psychology and child welare or a social wor'er have in seven years0 e.perience under the new $ct" The same provisions are li'ely to be drawn or the members o the =ommittee under the model rules" This will help in avoiding political nominee" 5C"Provisions or fve days in a wee' sitting o the =ommittee*oard shall be made under the model rules" This will draw only the committed and motivated person into the *oard =ommittee" 58"$ clause or the removal o a member o the *oard =ommittee has also been added to ensure proper unctioning"
