CARE AND PROTECTION OF CHILDREN,ACT 2000

SUBMITTED BY:-MOHINI

THE JUVENILE JUSTICE ACT

CHILD POPULATION IN INDIA.

India has the highest number of children in the world.

More than one third of country’s population is below 18 years

Approximately 40% of the population (around 440 million) is children

Children everywhere are

vulnerable to abuse and exploitation by those in positions of power and

trust…

INTRODUCTION

An Act to consolidate and amend the law relating to juveniles in conflict with law

• Protection and treatment.

• Child-friendly approach.

• Rehabilitation.

• Institutions established

JUVENILE JUSTICE ACT 1986:

Was renamed and rewritten in 2000 to be called the Juvenile Justice (Care and Protection of children) Act .

JUVENILE JUSTICE ACT 1986ESTABLISHMENT OF:-

JUVENILE HOME

Reception of

neglected juvenile

SPECIAL HOME

Reception of delinquent juveniles

OBSERVATION HOMEReception of neglected/del

iquent juveniles pending enquiry

AFTER CARE HOME

Taking care of juveniles

THE OBJECTIVE OF THE ACT

To Lay Down A Legal Structure For The Juvenile Justice System In The Country.

To Provide A Special Approach To The Protection And Treatment Of Juveniles.

To outline the machinery and infrastructure required for the care, protection, treatment, development and rehabilitation of juveniles.

To establish norms and standards for administration of juvenile justice.

To establish linkages and co-ordination between the formal system of juvenile justice and voluntary efforts in the welfare of juveniles.

To constitute special offences in relation to juveniles and provide punishment.

SILENT FEATURES OF THE ACT

Primary law for children in India.

It defines a juvenile/child as a person below the age of 18 years.

Rehabilitation and social reintegration are the primary aims of the Act.

To create a separate system of justice –dispensation .

Distinct from criminal justice system for adults.

Effective involvement of informal social arrangements – family,

community.

Child friendly juvenile justice system .

JUVENILE JUSTICE ACT

The Act places children/juveniles in two categories –

1. Juvenile in ‘conflict with the law’ handled by State Governments/ ‘Juvenile Boards’

2. Child in need of ‘care and protection’ to be looked after by State Governments/ ‘Child Welfare Committees’

Act to be implemented by the respective State Governments

CHILDREN IN CONFLICT WITH LAW Juvenile in conflict with law is a child who is alleged

to have committed an offence and should be produced before Juvenile Justice Board (JJB) Children in need of care and protection are children who are:NeglectedOrphanedAbusedAbandonedVictims of any arm conflict or natural calamityand should be produced before Child Welfare Committee (CWC)

Appointed by the State Government.

Panel of Metropolitan Magistrate or Judicial Magistrate of the first class.

Two social workers of whom at least one shall be a women.

Magistrate to have special knowledge or training in child psychology or child

JUVENILE JUSTICE BOARD :

JUVENILE JUSTICE BOARD(COMPOSITION)

Principal Magistrate

QUALIFICATION• Judicial magistrate -1st Class• Special knowledge or training

In child psychology & child welfare

Members

Social Workers(2)

QUALIFICATION•At least one to be a woman. •Post graduate degree in social work, Health education, psychology, child development or any other social science discipline• 7 Years experience in health, education or welfare activities pertaining to children• Not less than 35 Years of age• Not Holding any other occupation• Selected by Selection Committee

Juvenile in conflict with law to be produced before JJB/a member of JJB.

when JJB not sitting JJB may act and pass orders in the absence of any member.

At least two members including Magistrate to be present at time of final disposal of case Opinion of majority will prevail.

In absence, opinion of magistrate will prevail.

PROCEDURE, ETC. IN RELATION TO BOARD :

AGE DETERMINATION

Relevant Date of juvenility

Less than 18 yearson date of offence

Prima facie opinion

Physical appearanceor documents, if any

Conclusive Inquiry

Documentary Evidence - School certificate or - Municipal or Panchayat certificate

Medical EvidenceIn the absence of above

documents(benefit on lower side within

margin of 1 year)

INSTITUTIONS

CHILDREN IN CONFLICT WITH LAW

OBSERVATION HOMESPECIAL HOMES AFTERCARE HOMES

They shall be placed under the charge of the special juvenile police unit The State Government may make rules consistent with this Act,-

To provide for persons through whom ( including registered voluntary organizations) any juvenile in conflict with law may be produced before the Board to provide the manner in which such juvenile may be sent to an observation home.

APPREHENSION OF JUVENILE IN CONFLICT WITH LAW.-

ORDER THAT MAY NOT BE PASSED AGAINST JUVENILEA Juvenile Cannot be sentenced todeath/life imprisonment/committed to prison.