Transcript Juvenile Justice (Care and Protection of Children) Act 2000

The Juvenile Justice (Care and Protection of
Children) Amendment Act 2006 and Rules, 2007
Prepared by CPRC2012
The Juvenile Justice (Care and
Protection of Children) Act, 2006
Act was again amended in 2006 and referred to
as the Principle Act
The Ministry of Women and Child Development
on 26th October, 2007 notified the Model Rules
under the JJ Act 2000 and Amended Act 2006.
Salient Features
• 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.
Salient Features
It deals specifically with Juvenile-in-conflict-with-law and
Children- in-need-of-care-and-protection.
Juvenile in conflict with law is a child who is alleged
to have committed an offence
Children in need of care and protection are children
Salient Features
Juvenile Justice Board has replaced Juvenile Courts
Child Welfare Committee has replaced the existing Juvenile
Welfare Boards
Special provision for placing a juvenile in conflict with law under
the charge of special juvenile police unit
(SJPU)
Salient Features
To create a separate system of justice –dispensation
Distinct from criminal justice system for adults
Effective involvement of informal social arrangements – family,
community and Vos
Child friendly juvenile justice system
THE TOUCH STONE
1.SERVING TO THE BEST INTEREST OF THE
CHILD
2. IN THE MOST CHILD FRIENDLY MANNER
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:
Neglected
Orphaned
Abused
Abandoned
Victims of any arm conflict or natural calamity
and should be produced before
Child Welfare Committee (CWC)
PRODUCTION BEFORE CWC :
A Child in need of care and protection may be produced before
the Child Welfare Committee by
•Any Police officer
•Any Public servant
•CHILDLINE
• Any voluntary organisation or agency recognized by state
Government
•Any social worker or public spirited citizen authorized by
state Government
•The child himself.
. Any individual
CATEGORIES OF CHILDREN
–a) Child in need of care and protection means a child
– who is Homeless
 Having incapacitate parent
 Abandoned, missing or run away
 Victim of natural calamities
 Victim of armed conflict Victim of civil commotion
 Victim of sexual abuse
 Mentally or physically challenged
 Mentally or physically ill
 Suffering with terminal diseases AIDS/HIV affected
 Drug abused or trafficked
(b)
Juvenile in conflict is a juvenile who is alleged to have
offence. This category also includes child victims of crime
committed
an
Children
Child in need of care and
protection
To be produced before
Child in conflict with law
To be produced before
Juvenile Justice Board
Child Welfare Committee
For temporary reception
Temporary reception and
speedy enquiry
Children’s Home
REHABILITATION
Observation Home
Can release on
probation
After Care Organization
Rehabilitation of
Juvenile in conflict
with law
Special Home
To enable the child to lead an honest, industrious and useful life.
Children in conflict with
law
SJPU
JPWO
S-10
Children in need of care &
protection
Shelter Home
S-37
Observation Home
S-8
Special Home
S- 9
Children Home
S--34
After Care Home
S-44
Social
Reintegration/Rehabilitati
on
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
•Atleast 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
Child Welfare Committee
(Composition)
Chairperson
QUALIFICATION
Post graduate degree in
Social Work,
Psychology, Child Dev.,
Education, Sociology, law,
Criminology
Members
(4)
QUALIFICATION
• Post graduate degree in social work,
Health education, psychology, child
development or any other
social science discipline
* Not less than 35 Years of age
* 5 yrs experience
• Selected by Selection Committee
In case of N.A. a person with at least a
graduate degree in any of
the social science disciplines
Age Determination
Relevant Date
of juvenility
Prima facie opinion
Conclusive Inquiry
Less than 18 years
on date of offence
Physical appearance
or documents, if any
Documentary Evidence
- School certificate or
- Municipal or Panchayat
certificate
Medical Evidence
In the absence of above
documents
(benefit on lower side within
margin of 1 year)
Determination in 30 days
INSTITUTIONS
Homes
Juvenile in
conflict with law
Child in need of
care & protection
Observation Home
Children Home
Special Home
Shelter Home
Aftercare Homes
Thank You……………