Juvenile Justice (Care and Protection of Children) Act, 2015 - Overview
Objective:
The JJ Act, 2015 aims to:
- Provide care, protection, treatment, and rehabilitation of children.
- Ensure proper adjudication and disposal of matters relating to children.
- Address both children in conflict with the law and children in need of care and protection.
Key Definitions:
1. Child
A child is a person who has not completed 18 years of age.
2. Categories of Children
A. Child in Conflict with Law (CCL):
- A child who is alleged or found to have committed an offence before turning 18.
- Handled by Juvenile Justice Board (JJB).
- Reformative approach.
- For heinous offences (punishable with 7+ years), 16-18-year-olds may be tried as adults after
assessment.
B. Child in Need of Care and Protection (CNCP):
- Includes orphaned, abandoned, abused, or exploited children.
- Also includes those affected by calamity, disability, or risk of trafficking or early marriage.
- Handled by Child Welfare Committee (CWC).
3. Juvenile Justice Board (JJB)
- Composed of one magistrate and two social workers (at least one woman).
- Handles matters related to CCL.
- Conducts inquiry and ensures child-friendly procedures.
- May transfer heinous offences to Children's Court.
4. Child Welfare Committee (CWC)
- Composed of one chairperson and four members (at least one woman and one child expert).
- Handles matters related to CNCP.
- Conducts inquiries, orders shelter, foster care, or adoption.
- Coordinates with institutions and NGOs.
5. Key Features of JJ Act, 2015:
- Provision for trying 16-18 year-olds as adults for heinous crimes.
- Emphasis on rehabilitation and reintegration.
- Incorporates adoption under CARA.
- Mandates registration of all child care institutions.
- Introduces foster care and sponsorship.
- Ensures child-friendly procedures throughout legal processes.
Conclusion:
The JJ Act, 2015 ensures justice, protection, and rehabilitation of children, aiming to reintegrate
them into society with dignity and care.