Q1. When did the JJ Act, 2015 come into force?
Q2. What are the categories of Children covered under JJ Act, 2015?
- A2. ‘Children in Conflict with Law’ and ' Children in need of Care and Protection’
Q3. Who is a ‘ child in conflict with law’ ?
- A3. Section 2(13) of the JJ Act, 2015 explains ‘Child in conflict with law' as ‘a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence.”
Q4. What is meant by "child in need of care and protection"
- Section 2(14) of the JJ Act, 2015, lists 12 situations in which a child can come within the ambit of a "child in need of care and protection.”
The list is as follows-
(i) who is found without any home or settled place of abode and without any ostensible means of subsistence; or
(ii) who is found working in contravention of ¹[the provisions of this Act or labour laws for the time being in force or is found begging, or living on the street; or
(iii) who resides with a person (whether a guardian of the child or not) and such person-
(a) has injured, exploited, abused or neglected the child or has violated any other law for the time being in force meant for the protection of child; or
(b) has threatened to kill, injure, exploit or abuse the child and there is a reasonable likelihood of the threat being carried out; or
(c) has killed, abused, neglected or exploited some other child or children and there is a reasonable likelihood of the child in question being killed, abused, exploited or neglected by that person; or
(iv) who is mentally ill or mentally or physically challenged or suffering from terminal or incurable disease, having no one to support or look after or having parents or guardians unfit to take care, if found so by the Board or the Committee; or
(v) who has a parent or guardian and such parent or guardian is found to be unfit or incapacitated, by the Committee or the Board, to care for and protect the safety and well-being of the child; or
(vi) who does not have parents and no one is willing to take care of and protect or who is abandoned or surrendered;
(vii) who is missing or run away child, or whose parents cannot be found after making reasonable inquiry in such manner as may be prescribed; or
(viii) who has been or is being or is likely to be abused, tortured or exploited for the purpose of sexual abuse or illegal acts; or
(ix) who is found vulnerable and [has been or is being or is likely to be] inducted into drug abuse or trafficking; or
(x) who is being or is likely to be abused for unconscionable gains; or
(xi) who is victim of or affected by any armed conflict, civil unrest or natural calamity; or
(xii) who is at imminent risk of marriage before attaining the age of marriage and whose parents, family members, guardian and any other persons are likely to be responsible for solemnisation of such marriage;
Q5. Who is a ‘Child’ under JJ Act, 2015?
- A5. A ‘Child’ has been defined as ‘a person who has not completed 18 years of age’.
Q6. What are the institutional services for Children in Need of Care and Protection?
- A6. Children Home , Special Adoption Agency (below 6 yrs of age), Fit facility, Fit Person, Foster Family
Q7. What are the institutional services for Children in Conflict with law ?
- A7. Observation Home, Place of Safety, Special Home
Q8. What are the Pendency Review System for JJBs and CWCs?
- The JJ Act provides for termination of proceedings in cases of petty offences, if the inquiry remains inconclusive even after the extended period i.e. six months (Section 14(4)).
- It provides for quarterly review of the pendency of cases in JJBs by the Chief Judicial Magistrate (CJM) or the Chief Metropolitan Magistrate (CMM) and in every six months, review by the High Level Committee comprising the Executive Chairperson of the State Legal Services Authority, (SLSA), the Home Secretary, the Secretary of the Women and Child Department/ nodal department, and an NGO representative (Section 16(1) and Section 16(2)).
- The Committee shall submit a report on the nature of disposal of cases and pendency of cases to the District Magistrate in a manner as may be prescribed for review of pendency of cases. Therefore, the District Magistrate is responsible for reviewing the pendency of cases before the CWC and directing the CWC to take remedial measures to address pendency. if the pendency remains unaddressed by the CWC after three months of receiving the directions from the District Magistrate, the State Government should terminate the CWC and constitute a new CWC (Section 36(4) and Section 36(5).
Q9. What is the mechanism for Review of Functioning of JJBs and CWCs under the JJ Act and Model Rules?
- The District Judge should inspect the JJB once every quarter and appraise the performance of the members, on the basis of their participation in the proceedings of the JJB and submit a report to the Selection Committee (Rule 12 (3)).
- The Committee shall submit a quarterly report in Form 16 for review of pendency of cases .The District Magistrate should conduct quarterly reviews of the functioning of the CWCs including by inspection, once every quarter and also appraise the performance of the Committee on the basis of their participation in the proceedings of the Committee (Rule 20 (2) and (3)).
- The District Magistrate shall be the grievance redressal authority to entertain any grievance arising out of the functioning of the CWC and the affected child or anyone connected with the child (Section 27 (10).
Q10. What are the General Principles of Care and Protection of Children under the Act?
A10. Section 3 mentions that the Central Government, the State Governments, the Board, and other agencies, as the case may be, while implementing the provisions of this Act shall be guided by the following fundamental principles, namely:––
- (i) Principle of presumption of innocence: Any child shall be presumed to be an innocent of any malafide or criminal intent up to the age of eighteen years.
- (ii) Principle of dignity and worth: All human beings shall be treated with equal dignity and rights.
- (iii) Principle of participation: Every child shall have a right to be heard and to participate in all processes and decisions affecting his interest and the child’s views shall be taken into consideration with due regard to the age and maturity of the child.
- (iv) Principle of best interest: All decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child and to help the child to develop full potential.
- (v) Principle of family responsibility: The primary responsibility of care, nurture and protection of the child shall be that of the biological family or adoptive or foster parents, as the case may be.
- (vi) Principle of safety: All measures shall be taken to ensure that the child is safe and is not subjected to any harm, abuse or maltreatment while in contact with the care and protection system, and thereafter.
- (vii) Positive measures: All resources are to be mobilised including those of family and community, for promoting the well-being, facilitating development of identity and providing an inclusive and enabling environment, to reduce vulnerabilities of children and the need for intervention under this Act.
- (viii) Principle of non-stigmatising semantics: Adversarial or accusatory words are not to be used in the processes pertaining to a child.
- (ix) Principle of non-waiver of rights: No waiver of any of the right of the child is permissible or valid, whether sought by the child or person acting on behalf of the child, or a Board or a Committee and any non-exercise of a fundamental right shall not amount to waiver.
- (x) Principle of equality and non-discrimination: There shall be no discrimination against a child on any grounds including sex, caste, ethnicity, place of birth, disability and equality of access, opportunity and treatment shall be provided to every child.
- (xi) Principle of right to privacy and confidentiality: Every child shall have a right to protection of his privacy and confidentiality, by all means and throughout the judicial process.
- (xii) Principle of institutionalisation as a measure of last resort: A child shall be placed in institutional care as a step of last resort after making a reasonable inquiry.
- (xiii) Principle of repatriation and restoration: Every child in the juvenile justice system shall have the right to be re-united with his family at the earliest and to be restored to the same socio-economic and cultural status that he was in, before coming under the purview of this Act, unless such restoration and repatriation is not in his best interest.
- (xiv) Principle of fresh start: All past records of any child under the Juvenile Justice system should be erased except in special circumstances.
- (xv) Principle of fresh start: All past records of any child under the Juvenile Justice system should be erased except in special circumstances.
- (xvi) Principles of natural justice: Basic procedural standards of fairness shall be adhered to, including the right to a fair hearing, rule against bias and the right to review, by all persons or bodies, acting in a judicial capacity under this Act.
