The Juvenile Justice ( Care and Protection) Act,2000
The Juvenile Justice ( Care and Protection) Act,2000 clearly shows the lawmaker’s efforts to create the act in consonance with the UN convention and Beijing rules. The main concern of this act is to provide rehabilitation to juvenile offenders. This act aimed to provide for proper care, protection, and treatment of the children. it was done by catering to their development needs and adopting a child-friendly approach in the adjudication and disposing of matters related of Children.
It came into force on April 1, 2001, but the specific provision was amended due to the PILs filed in the High Court of Delhi. The bill was then bought before the Lok Sabha in 2003. The amendment Act enacted by the Parliament in the 57th Year of the Republic of India (Act 33 of 2006) was notified on August 22, 2006.
SALIENT FEATURES OF THE JUVENILE JUSTICE (CARE AND PROTECTION) ACT, 2000 AND THE AMENDMENT OF 2006.
As the title suggests, this act laid great attention to the care and protection of minors. This also laid down a uniform age for both girls and boys ,that is,18 years.
• This act created a distinction between-
1. Child in conflict with the law – The Juvenile Justice board governs the children in conflict with the law. For these children, more legal practices are looked upon. The act also provides that if the detention is necessary, it may be observed.
2. Child in need of care and protection – The child welfare committee (CWC) governs the children in need of care and protection. There are many categories formulated for the same like the victim of natural calamity and civil commotion. It also states that if a child is vulnerable to drugs abuse, then he will be treated according to his condition.
• The act also provides for foster care and adoption services. The law outlines four options for restoration for Children in Children’s homes and special homes. This also include adoption, foster care, sponsorship and aftercare.
The words brothel, prostitute and prostitution were removed from the act.
SALIENT FEATURES OF JUVENILE JUSTICE (CARE AND PROTECTION) ACT, 2015
• As the crimes amongst the juveniles has increased, it becomes necessary to introduce improvised legislature. The idea behind the act is to hold the juveniles of 16 years and above accountable as adults if they commit a heinous crime.
• This act differentiated between petty, serious and heinous crimes.
• This amendment came after the Nibhaya rape case. The definition of heinous crimes includes offences that are punishable with imprisonment above seven years.
• However, there has to be an assessment committee to address the child’s mental health and physical capability to commit such an offence. Later, if the committee finds such a child competent, he would be tried as an adult.
• This mandates the setting up of the juveniles justice board and Child Welfare Committee too.
• It also formulated a robust structure to tackle the children in need of care and protection along with the ones in conflict with the law. The Act of 2015, the definition of a ‘child in need of care and protection’ had been expanded. It includes a child who is:
▪Found working in contravention of labour laws, or
▪At imminent risk of marriage before attaining the lawful age, or
▪Who resides with such a person who has or had threatened to injure, exploit, abuse or neglect the child or violate any other law, or
▪Whose parents or guardians are unfit to take care of him/her.
Although this act aims to focus and alter the laws related to juveniles, it also tries to hold the juveniles who commit heinous crimes accountable for their actions. It is based on their mental capacity and the understanding of the act. Therefore, this is a far more comprehensive act as it also lays down principles that consider the age and psychological aspects.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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