Legal Provisions To Deal With Children In Need Of Care And Protection Under The Juvenile Justice Act By - Raj Singh & Akshita Kesharwani
Legal Provisions To Deal With
Children In Need Of Care And Protection Under The Juvenile Justice Act
Authored By - Raj Singh & Akshita
Kesharwani
4th-year BALLB (Hons.)
Alliance School of Law
Alliance University, Bangalore
TABLE OF CONTENT
1. INTRODUCTION
__________________________________________________
2. LAWS RELATING TO JUVENILE JUSTICE __________________________
2.1 LEGAL PROVISIONS BEFORE 1986______________________________
2.2 JUVENILE JUSTICE ACT 1986___________________________________
2.3 THE JUVENILE JUSTICE ACT, 2000______________________________
2.4 THE JUVENILE JUSTICE ACT, 2015______________________________
3. INSTITUTIONS UNDER JUVENILE JUSTICE
ACT 2015______________ __
4. PROCEDURE IN RELATION TO CHILDREN IN
NEED OF CARE AND PROTECTION_____________________________________________________
5. JUDICIAL PRONOUNCEMENTS____________________________________
6. CURRENT SCENARIO_____________________________________________
7. SUGGESTIONS____________________________________________________
8. CONCLUSION_____________________________________________________
ABSTRACT
With
everything progressing at an extremely rapid pace in this constantly expanding
world, concerns over personal security have grown significantly. Those who can
look after and protect themselves make up one side of society, while those who
require support or help in doing so make up the other. Children, especially
those who have been abandoned, orphaned, or who lack any ability to defend
themselves, are among the most vulnerable of all. The Juvenile Justice system
in our country has been modified and revised giving preference to the two
categories of juveniles i.e., Child in conflict with law and Child in need of
care and protection. This article focuses on the parts of the act that deal
with the laws pertaining to children who need care and protection. Also, the
role of judiciary can be seen through various judicial pronouncements dealing
with various needs of the children. The article also highlights the recent
amendment to the Act and various issues with the same.
Keywords:
Child in need of care and protection, provisions, 2021 Amendment, issues.
1.
INTRODUCTION
The term "juvenile" is
derived from the Latin word "juvenis," which meaning "young.[1]"
A "juvenile" or child is defined as a person under the age of
eighteen. The nation's greatest resource is its children. They symbolize the
nation and the future of the nation. More concerning, however, is the fact that
the proportion of crimes committed by minors relative to the total number of
crimes reported in India has increased over the past few years. The word
juvenile crime, often known as juvenile delinquency, refers to a minor's
participation in an illegal act. And Juvenile Justice is the legal system that
seeks to protect all children, including both "children in conflict with
the law" and "children in need of protection" In a developing
country such as India, the majority of delinquency-causing causes are
prevalent. India has taken measures that are in line with international norms
because it is a member of the United Nations. Hence, the fundamental purpose is
the safety and welfare of children. Alone children are a cause for concern
because they require a safe, familiar atmosphere during their
developmental years. Because every child has the right to develop in a healthy
and safe environment, the right to a family, and the right to education, what
happens to the many children whose parents have given up on them, the many
children who have run away from their homes, the many children who are
trafficked, the many children who are labourers, the many children who are
neglected, the many children who are street children, the many children who are
in dispute with the law, and so on? Who will take care of these children,
considering that every child The Juvenile Justice Act of 2015 categorises these
minors into two groups.
1. Children in need of care and
protection
2. Children in conflict with law,
In addition, the government has
enacted legislation to ensure the safety and well-being of children in need of
care and protection, such as the establishment of Juvenile Courts, Justice
Boards for children in conflict with the law, and Child Welfare Committees.
Although there is concern for public safety and holding juvenile offenders
accountable for their acts, the juvenile justice system places a higher
emphasis on rehabilitation than on punishment. "Rehabilitation" means
that therapy and education are used to get someone back to a useful life. For
example, a juvenile who commits an offence may be required to participate in
counselling or a programme to help him make better decisions in the future. But
in light of the current situation, does "rehabilitation" actually
result in the child's reformation? Even though there are laws in place to
protect children and provide for their welfare, the overall number of juvenile
offenders in the country is on the rise. The purpose of sending juveniles to
rehabilitation centres is to improve their futures. In order to provide these
children with extra care and safety, rehabilitation institutes are established
with the hope that they will return as reformed. The question then arises as to
whether or not rehabilitation institutes are performing their duties
effectively.
2. LAWS RELATING TO JUVENILE JUSTICE
2.1 LEGAL PROVISIONS BEFORE 1986
In 1899, the term "Juvenile
Justice" was used for the first time in the state of Illinois, US[2].
The history of India's Juvenile Justice System dates back to the colonial era.
The Apprentice Act of 1850 was the first law in India to establish the juvenile
justice system. With the enactment of the Indian Penal Code (IPC) in 1860
and the Reformatory Schools Act in 1876, which was amended in 1897, the concept
of Juvenile Justice gained momentum. The Reformatory Schools Act is regarded as
a landmark piece of legislation in the field of Juvenile Justice. According to
this Act, a court may order a child to remain in an institution for two to
seven years up until the age of eighteen.[3] In
addition, ideas for dealing with minors were made by the Indian Jails Committee
during 1919 and 1920. It stated that “largely due to lack of suitable Training
and to bad upbringing. It should be administered in a specially designed and
equipped institution. we considered that the imprisonment of children
(below 14) and juveniles (14-16) is plainly against the public interest, and we
urge that the provisions of English law on this issue, which have already been
included into the Madras Children Act, be applied across India. The report of
the Indian Jail Committee further suggested that
i.
The
juvenile offender should be treated in a different way than an adult,
ii.
Detention
of juvenile offenders should be prohibited and
iii.
Provision
of reformatory schools and constitution of juvenile courts[4]
In 1920, the Madras Children Act was
later enacted. The Bengal Children Act of 1922 and the Bombay Children Act of
1924 were subsequently enacted. Prior to this moment, the primary concern was
the child's wellbeing, regardless of whether the child was delinquent or
neglected. It was observed that the number of neglected and delinquent children
increased rapidly after independence. Industrialization and rapid urbanisation
have also brought children a variety of problems[5].
In 1960, a new law for children was enacted and became known as the Children
Act of 1960. This Act was applicable to all Union Territories and its
ratification by the states was discretionary. This law established provisions
for the care, protection, welfare, education, and rehabilitation of neglected
and delinquent children. This Legislation firmly barred the imprisonment of
children. During this time, the juvenile justice system in the country was not
standard, and each state had its own juvenile law, norms, and practices[6].
2.2 JUVENILE JUSTICE ACT, 1986
In 1986, the first Juvenile Justice
Act was enacted in India against the backdrop of this global context. The
Juvenile Justice Act replaced the welfare approach with the justice approach.
The Act provided for the care, protection, treatment, development, and
rehabilitation of neglected or delinquent children. The age of the children was
not consistent. Females under the age of 18 were considered children, while
boys had to be at least 16 years old. This resulted in much ambiguity and
confusion[7].
In addition, India accepted the UNCRC (United Nations Convention on the Rights
of the Child) in 1992, which obligated it to:
•
Protect children from all forms discrimination
irrespective of sex, Colour, nationality and ethnic background (Article. 2)
•
Ensure the best interest of the children as
the primary consideration in All decision-making process (Article 3)
•
Ensure right of the child to life, survival
and development to the Maximum extent of the available resources (Article 4
& 6)
•
Ensure right of children to freely express
views and to be heard (Article 12)[8]
2.3 THE JUVENILE JUSTICE (CARE AND
PROTECTION OF CHILDREN) ACT, 2000
The Juvenile Justice (Care &
Protection of Children) Act, 2000 was in Coherence with UNCRC (United Nations
Convention on the Rights of the Child) and did away with the age difference in
boys and girls. This Act considered all children below the age of 18 years
under its ambit. The two categories of children considered under this Act were
juveniles in Conflict with law and children in need of care and protection. In
section 2(d) the definition of child in need of care and protection is given.
The Act was Amended twice in 2006 and 2011 to bring in more clarity.
2.4 JUVENILE JUSTICE (CARE AND
PROTECTION OF CHILDREN) ACT, 2015
The Juvenile Justice (Care &
Protection of Children) Act, 2015 is the broader legislation governing child
protection. This Act prohibits the use of the term juvenile to describe any
category of children. It addresses two types of children: those in need of care
and protection and those in conflict with the law. Various new terminology,
including "orphaned," "abandoned," "surrendered,"
"petty offence," "serious offence," and "heinous
crime," are defined[9].
Section 3 of this act talks about principles which must be followed few of them
are as Principle of presumption of innocence, Principle of participation, Principle
of best interest, Principle of non-stigmatising semantics, Principle of
equality and non-discrimination, and Principle of fresh start.
·
The
Act mandates setting up Juvenile Justice Boards and Child Welfare Committees in
every district. Both must have at least one woman member each.
·
In
order to streamline adoption procedures for orphaned, abandoned, and
surrendered children, the current Central Adoption Resource Authority (CARA) is
elevated to the status of a statutory authority so that it can carry out its
duties more effectively. Processes have been streamlined with timelines for
both in-country and inter-country adoption including declaring a child legally
free for adoption. A single or divorced individual may also adopt, but a single
male cannot adopt a female.
·
Additional
crimes against children, such as Sale and Procurement of Children for Any
Purpose, Including Illegal Adoption, Corporal Punishment in Childcare
Institutions, Use of Children by Militant Groups, Crimes Against Disabled
Children, and Kidnapping and Abduction of Children, were added to this act.
·
State
governments establish these district committees in accordance with the terms of
the act. The Committees have the authority to adjudicate matters involving the
care, protection, treatment, development, and rehabilitation of children in
need of care and protection, in addition to providing for their basic needs and
protection. In the case of heinous offences, children between the ages of 16
to 18 would be treated as adults, according to an essential provision of
the amended act. The Act makes a distinction between children in conflict with
the law and those who require care and protection. Under the previous law, the
maximum sentence for any minor, regardless of the offence committed, was three
years. Under no circumstances may the child be tried by an adult court,
imprisoned as an adult, or given a sentence greater than three years.
·
A
child in need of care and protection must be presented within 24 hours to the
Child Welfare Committee. The Act mandates the reporting of any child found
separated from his or her parents. The failure to report has been made a penal
offence. Within fifteen days, the Child Welfare Committee must direct a Social
Worker, Case Worker, or Child Welfare Officer to perform a social
investigation. The Child Welfare Committees shall meet at least twenty days a
month, and the District Magistrate shall conduct a quarterly assessment of the
Child Welfare Committee's activities. A child in need of care and protection will
be placed in a Children's Home. The Child Welfare Committee may designate a
facility as a Fit Facility in order to temporarily take responsibility for a
child. The Specialized Adoption Agency is responsible for the rehabilitation of
abandoned, orphaned, and surrendered children.
3.
INSTITUTIONS UNDER THE JJ ACT 2015
Open Shelter (Section 43)
The State Government may establish
and maintain, by itself or through Voluntary or non-governmental organisations,
as many open shelters as may be required, And such open shelters shall be
registered as such, in the manner as may be prescribed. The open shelters
referred to in sub-section shall function as a community Based facility for
children in need of residential support, on short term basis, with the
Objective of protecting them from abuse or weaning them, or keeping them, away
from a life on the streets.
Foster care (Section 44)
The children in need of care and
protection may be placed in foster care, including group foster care for their
care and protection through orders of the Committee, after following the
procedure as may be prescribed in this regard, in a family which does not
include the child’s biological or adoptive parents or in an unrelated family
recognised as suitable for the purpose by the State Government, for a short or
extended period of time
Observation Home (Section 47)
The State Government shall establish
and maintain in every district or a group of districts, either by itself, or
through voluntary organisations or NGOs, Observation Homes, which shall be
registered under Section 41 of this Act, for temporary reception, care and
rehabilitation of any child alleged to be in conflict with law, during the
pendency of any inquiry under this Act. Every child alleged to be in conflict
with law sent to an Observation Home Shall be segregated according to the
child’s age and gender, after giving due Consideration to physical and mental
status of the child and degree of the offence Committed.
Special Home (Section 48)
The State Government may establish
and maintain either by itself or through Voluntary organisations or NGOs,
Special Homes, which shall be registered As such, in the manner as may be
prescribed, in every district or a group of Districts, as may be required for
rehabilitation of those Child in Conflict with Law who are found to Have
committed an offence and who are placed there by an order of the Juvenile
Justice Board (JJB) made under Section 18
Place of Safety (Section 49)
In every district or for a group of
districts the State government shall either by itself or Through voluntary
organisations or NGOs establish and maintain “Place of Safety” in Accordance
with the provisions of Section 49 to ensure the care, treatment, protection And
developmental process of CCL who are above the age of 18 years or those who
Have committed heinous crimes and are above the age of 16 years at the time of
Commission of crime.
Children’s Home (Section 50)
The State Government may establish
and maintain, in every district or group of districts, either by itself or
through voluntary or non-governmental organisations, Children’s Homes, which
shall be registered as such, for the placement of children in need of care and
protection for their care, treatment, education, training, development and
rehabilitation.
Fit facility (Section 51)
The Board or the Committee shall
recognise a facility being run by a Governmental organisation or a voluntary or
non-governmental organisation registered under any law for the time being in
force to be fit to temporarily take the responsibility of a child for a
specific purpose after due inquiry regarding the suitability of the facility
and the organisation to take care of the child in such manner as may be
prescribed.
Fit person (Section 52)
The Board or the Committee shall,
after due verification of credentials, recognise any person fit to temporarily
receive a child for care, protection and treatment of such child for a
specified period and in the manner as may be prescribed.
4.
PROCEDURE IN RELATION TO CHILDREN IN
NEED OF CARE AND PROTECTION
The Juvenile Justice (Care and Protection of Children) Act,
2015, lays down provisions and procedures required for the issues related to
children who need care and protection.
v Section 31 of the Juvenile Justice (Care and
Protection of Children) Act, 2015, lays down rules regarding who can produce
the child before a committee :
v it can be any public servant,
v it can be a child welfare officer or a probation
officer,
v any police officer or special juvenile police unit
or a designated Child Welfare Police Officer or any officer of District Child
Protection Unit or an inspector appointed under any labour law for the time
being in force,
v any social worker or any public-spirited citizen,
v
Even the child
himself has the capacity under the law to produce himself in front of a
committee.
No matter
who presents the child to a committee, they must do so within 24 hours,
excluding travel time.
v Section 32 (1) discusses mandatory reporting of the Juvenile,
which states that anyone, whether an officer, an individual, someone with an
active association of an organisation, or someone from a nursing home or a
hospital, who finds or takes charge of a child who claims to be an orphan and
claims that she or he is without family support, must report the information to
an authority who can take charge of it. Reports can be made to the Child
Welfare Committee, local police, or the district child protection unit.
v If information regarding a child as
required under section 32 is not given within the period specified in the said
section, then, such act shall be regarded as an offence.
v Any person who has committed an
offence under section 33 shall be liable to imprisonment up to six months or
fine of ten thousand rupees or both.
v A parent or guardian, who for
physical, emotional and social factors beyond their control, wishes to
surrender a child, shall produce the child before the Committee. The parents or
guardian who surrendered the child, shall be given two months’ time to
reconsider their decision and in the intervening period the Committee shall
either allow, after due inquiry, the child to be with the parents or guardian
under supervision, or place the child in a Specialised Adoption Agency, if he
or she is below six years of age, or a children’s home if he is above six
years.
v It requires that all
the children who have surrendered or have appeared before the committee and
that they are under six years of age, should all be placed in a specialized
adoption agency. The time granted for social investigation is fifteen days and
when the investigation gets completed within that time, it gives the committee
ample amount of time to pass the final order within four months of the child
being brought before the committee. Based on the reports of the inquiry, if the
committee is convinced that the child is an orphan and has no family or
support, and is in need of care and protection, the committee may send the
child to a Specialised Adoption Agency or a foster family till other suitable
options are discovered for the child. The child then remains at the sent place
till the time prescribed or till she or he turns eighteen years of age. [10]
5.
JUDICIAL
PRONOUNCEMENTS
The
courts have responded towards the needs of the children through public
interests’ litigation significantly in areas of institutions, prisons, illegal
confinements, child labour, child marriage, adoption, juvenile justice,
trafficking of young girls and the welfare of children of the prostitutes.
In
the landmark judgement of Sheela Barse
v. Union of India[11],
where Ms. Sheela Barse, a dedicated social worker took up the case of helpless
children below age of 16 illegally detained in jails. She petitioned for
the release of these young children from detention facilities, the production
of information about juvenile courts, homes, and schools, as well as a
directive that district judges should visit detention facilities or
sub-detention facilities under their jurisdiction to ensure children are
properly cared for while in detention. The Court stated that juvenile offenders
have a right to special treatment. Children should be given special
consideration since they are a national treasure. The Court suggested the
establishment of remand and juvenile homes for children in jails.
In
Sheela Barse v Secretary Children Aid
Society[12],
Sheela Barse, a freelance journalist and member of the Maharashtra State
Legal Aid and Advice Committee, complained about the improper operation of the
New Observation Home in Mankhurd, which is maintained and run by the Children's
Aid Society, Bombay, in a writ suit to the Bombay High Court. She claims that
the Children's Aid Society is recognized as a public trust under the Bombay Public
Trusts Act of 1950 and is registered under the Societies Registration Act of
1860. The High Court accepted some of the claims while finding others to be
without merit. As a result, the High Court dismissed the writ petition with
specific instructions. She then chose to appeal the Bombay
High Court's ruling to the Supreme Court via special leave. The Apex Court
expressed concern for our nation's future. The Supreme Court ruled that the
officers at all levels must carry out the statutory obligations placed on them
by the Statute. The Court further ruled that the Society should have been given
the same treatment as a State under Article 12 of the Indian Constitution. The
respondents must therefore conduct themselves in a way that complies with both
the Directive Principles of The State Policy and the obligations of Articles 21
and 24 of the Constitution. Also, the Court stated that employment of children
in observation home without remuneration is not illegal.
The
rights of a child are now accepted worldwide. These rights are widely enshrined
in the United Nations Convention on the Rights of the Child, 1989. In the case
of Lakshmikant Pandey v. Union of India[13],
a writ petition was initiated on the basis of letter[14]
addressed by the advocate Laxmi Kant Pandey where the allegations were on the
social organisations and voluntary agencies for placing Indian children for
adoption to foreign parents. The honourable Supreme Court held that any
violation or non-compliance of the procedure of adoption would amount to be
invalid.[15]
In Bachpan
Bachao Andolan v Union of India[16],
in response to major abuse and violations of children who are frequently forced
to work in circuses without any contact with their families and in the most
inhumane conditions, a petition in the public interest (PIL) has been launched
under Article 32 of the Constitution. The Central Government must immediately
make appropriate notifications outlawing the employment of children in circuses
in order to carry out the fundamental right of children under Article 21A of
the Indian Constitution. The respondents are instructed to perform simultaneous
raids in all circuses in order to free the youngsters and stop the infringement
of their fundamental rights. Children will remain in the Care and Protection
Homes until they turn 18 years old.
In
Vishal Jeet v. Union of India[17], The Supreme Court of India addresses several fundamental issues with the
sexual exploitation of children in Vishal Jeet v. Union of India. Here, it has
been noted that it is shocking and heart-breaking to see how many impoverished
children and girls are dragged into the "flesh market" and coerced
into the "flesh trade," which is carried out in flagrant violation of
all norms of morality, decency, and human dignity.In the case
of Gaurav Jain v. Union of India[18], According to
the Supreme Court, children of prostitutes have a right to equality of
opportunity, dignity, care, protection, and rehabilitation so that they can
integrate into society without facing prejudice. The Court ordered the
formation of a committee to develop a plan for the rehabilitation of these kids
and child prostitutes, as well as for its implementation and filing of a
periodic report from its Registry.
In
Re Exploitation of children in
orphanages in State of Tamil Nadu vs Union of India[19],
the Supreme Court of India took Suo moto cognizance of the matter in this case
after the learned amicus curiae brought the court's attention to two incidents
and certain claims regarding the detention and mistreatment of minors in police
custody in Delhi and Uttar Pradesh. The Supreme Court decided that the child should be
placed in a safe environment instead of a jail or police cell in this
particular situation. The Child Justice (Child Care and Protection) Act of
2015's Section 12[20]
mandates juvenile bail, which the court emphasised is crucial to upholding.
The
Supreme Court also ruled that any child detained by the police who is suspected
of being a criminal must be placed in a special police unit or a child
identified by a social worker, in accordance with Section 10[21]
of the Juvenile Justice Board Act. The clause further stipulates that within 24
hours of receiving a child, such authorities must present the child to the
Juvenile Justice Board.
In re contagion of covid 19 virus in
children protection home[22],
the bench of L. Nageswara Rao and Deepak Gupta, JJ.
issued extensive instructions to various authorities after taking sup motu
cognizance of the issue involving protecting children who fall under the
purview of the Juvenile Justice (Care and Protection of Children) Act, 2015
from the spread of the coronavirus that is sweeping the world.
Although
the Supreme Court made commendable recommendations and directions in numerous
cases to defend the fundamental rights of underprivileged children, sadly,
these recommendations and directions are not adequately followed and
implemented by the government apparatus. In this light, the Indian Judiciary's
performance stands out as an especially significant contribution to the
realisation of child rights generally.
6.
CURRENT
SCENARIO
In
order to guarantee quick trials, effective adoption procedures, and a wide
range of magistrate powers, the Juvenile Justice (Care and Protection of
Children) Amendment Bill, 2021 has been introduced. But the Act has been
criticised by the experts as it has made it difficult to report abuse at child
care institutions.
Highlights:
Adoption: In accordance with the Act, an adoption
agency must file an application in a civil court to acquire an adoption order
as soon as potential adoptive parents accept a child. According to the Bill,
the district magistrate will carry out these responsibilities and issue any
relevant orders rather than the court.
Appeals:
According to the proposed legislation, anyone who is dissatisfied with an
adoption order issued by a district magistrate may appeal the decision before
the Divisional Commissioner within 30 days of the order. Such appeals must be
resolved within four weeks of the appeal's filing date.
Serious
offences: According to the Act, the Juvenile Justice Board must investigate
every child who is charged with a serious offence. Severe offences are those
that carry a sentence of three to seven years in imprisonment. According to the
Bill, major offences will also include those for which the maximum sentence is
more than seven years in prison and the minimum sentence is either not
specified or is less than seven years.
Designated
Court: According to the Act, cases involving crimes against children that carry
a sentence of more than seven years in prison will be heard in the Children's
Court (equivalent to a Sessions Court). A judicial magistrate will preside over
trials for other offences that carry sentences of less than seven years in
jail. The Bill modifies this to state that the Children's Court shall
adjudicate all cases involving all offences.
Offences
against children: as per the Act an offence under the Act, where the offence is
punishable with imprisonment between three to seven years will be considered as
cognizable and non-bailable. On the other
hand the Bill provides that such offences will be non-cognizable and
non-bailable.
Child
Welfare Committees (CWCs): According to the Act, each district shall establish
one or more CWCs to deal with children who need care and protection. It
outlines certain requirements for CWC member nominations. A member should, for
instance, (i) one should have worked for at least seven years in the fields of
children's health, education, or welfare; or (ii) be a working professional
with a degree in child psychology, psychiatry, law, or social work. The Bill
sets additional requirements that must be met before a person can be denied
membership in the CWC. These include (i) having a history of violating
children's or human rights, or (ii) being a member of the administration of a
district-based child care facility.
Issues and analysis:
1.
The revision to Section 86[23]
of the JJ Act, 2015 that is specifically being contested reclassifies offences
under the special law that carry sentences of three to seven years as
non-cognizable.
2.
The majority of these crimes are
reported to the police by either parents or child rights organisations and
Child Welfare Committees, as the victims themselves are unable to directly
report them due to the imbalance in power (CWC). The current mechanism for
reporting crimes committed by CCI staff members already results in prolonged
delays and occasionally no FIR being filed at all.
The majority
of the parents of these children are day labourers who are either unable or
unwilling to report the crimes to the authorities. They do not want to
participate in the legal procedure because doing so would require them to miss
work and cost them money.
3.
Child Welfare Committee (CWC): Most
of the time, CWCs prefer to "negotiate and come to a settlement"
instead of reporting the situation to the police. It would be more challenging
to report an offence to the police if these offences, along with a number of
other significant crimes, were made non-cognisable under the special law.
4.
District Child Protection Officer: If
they become aware of such cases—either directly or through NGOs—the children or
their parents meet with the victim in front of the DCPO, and it is the DCPO who
determines whether the situation warrants reporting to the police.
One
of recent instance is The Juvenile Justice (Care and Protection of Children)
Act of 2015 was amended, and some serious offences against children that
carried sentences of up to seven years were made non-cognizable. The Delhi
Commission for Protection of Child Rights has filed a petition the Supreme
Court to overturn these changes.[24]
7.
SUGGESTIONS
1.
Awareness about child protection
system
The Integrated Child Protection System (ICPS) defines child protection
as preventing harm to children from actual or perceived threats to their lives
or childhood, while also acknowledging their vulnerability and working to
lessen it by shielding them from danger. At national level Central Adoption Resource Authority
(CARA), at state level State Child Protection Society (SCPS) and at district
level District Child Protection Unit (DCPU) works for the implementation of
ICPS.
Also, the people must be
made aware of the child tracking system that is Web-enabled Child Protection
Management Information System (MIS) and Website for missing children (wherein
MWCD has launched the "Khoya-Paya Portal" for missing children). The
ChildLine number 1098 to be used during the emergency and long-term care and
rehabilitation services.
2. Training of Officials
The 2021 Amendment
asserts in its statement of objects and reasons that it is necessary in order
to "fulfil India's commitment as a signatory to the United Nations Convention
on the rights of the child, the United Nations Standard Millennium Rules for
the Administration of Juvenile Justice, 1985 (the Beijing Rules), the Hague
Convention on Protection of Children and Co-operation in Respect of
Inter-country Adoption (1993), and other related international
instruments." A detailed examination of these conventions, however,
reveals that the law falls far short of living up to these promises. According
to Article 11 of the Hague Convention, the recognised entity must employ individuals
who have high moral standards and adoption-related expertise.
The competent authority
must "meet the requirements of honesty, professional competence,
experience and responsibility of that State," according to Article 22 of
the Convention. Article 22 of the Beijing Rules further emphasizes the need of
staff training, professional development, and refresher courses. In-service
instruction in these crucial areas has been made possible by the Rules. The
central authority of the DM in the current bill does not appear to possess any
of these skills, and neither has the Act required that these employees complete
any kind of orientation or training. Additionally, there is no proof that the
current staff has received the necessary training in these areas. The mere
distribution of monies does not prove that the training has taken place.
8.
CONCLUSION
All parties
involved in child-related activities should act in accordance with the
standards. Because of inadequate resources and lack of organization, social
legislation in India invariably fails. For some reason, the required home
environments all seem to lack a sense of familiarity and warmth. The
fundamental principles of the Juvenile Justice System are cantered on the
child's right to social welfare. The primary goals of the juvenile justice
system are rehabilitative and reformative. The goal is to provide the children
a chance to grow as an individual. After all, we want to move forward to
establish a genuinely fair society. Children are the nation's future resources.
Their negative traits must be replaced with more cheerful qualities. The gap
between theory and application is huge, but by learning from the past, we may
close it. As part of this effort, we must establish a strong foundation for the
Juvenile Justice Administration. These new laws represent our hopes and
aspirations, and it is our responsibility to ensure that they become a reality.
Juvenile offenders require society's compassion and understanding, not
vengeance from the law.
REFERENCES
Balaji, “Child Protection Act in India 1960
- Major Needs, Laws & Acts” (BYJU'S Exam prep February 17, 2023)
Bhargava A, “Juvenile Justice in India” (The
Law Brigade Publishers (India)March 16, 2019)
“Convention on the Rights of the Child”
(OHCHR)
Deitch M, “Desktop Guide to Quality Practice
for Working with Youth in Confinement, ACC #028418” (Ch.1 Historical
Perspective | Desktop Guide)
“Desktop Guide to Quality Practice for
Working with Youth in Confinement, ACC #028418” (Ch.1 Historical Perspective |
Desktop Guide)
“India Code”
“Module 1: Evolution of Juvenile Justice
System in ... - Inflibnet Centre”
Pradhan R, “Critical Analysis: Juvenile
Justice (Care and Protection of Children) Act 2015” (lexforti September 16,
2020)
Singh P, “Juvenile Justice Act: A
Socio-Legal Study” (academic November 13, 2015)
SINGHANIA BRINDA, “AN ANALYSIS ON THE CAUSES
OF JUVENILE DELINQUENCY” (An analysis on the causes of juvenile delinquency)
[1] Singhania Brinda, “an analysis on the
causes of juvenile delinquency” (an analysis on the causes of juvenile
delinquency)
[2] Deitch M, “Desktop Guide to Quality
Practice for Working with Youth in Confinement, ACC #028418” (Ch.1 Historical
Perspective | Desktop Guide)
[3] “India Code”
[4] “Module 1: Evolution of Juvenile Justice
System in ... - Inflibnet Centre”
[5] Bharagava A, “Juvenile Justice in India”
(The Law Brigade Publishers (India)March 16, 2019)
[6] Balaji, “Child Protection Act in India
1960 - Major Needs, Laws & Acts” (BYJU'S Exam Prep February 17, 2023)
[7] Pradhan R, “Critical Analysis: Juvenile
Justice (Care and Protection of Children) Act 2015” (LexFortiSeptember 16,
2020)
[8] “Convention on the Rights of the Child”
(OHCHR)
[9] Singh P, “Juvenile Justice Act: A
Socio-Legal Study” (AcademikeNovember 13, 2015)
[10] “Juvenile Justice (Care and
Protection of Children) Act, 2015.” (India Code January 1, 1970)
[12] Sheela Barse v. Secretary, Children Aid Society & Or’s, (1987
AIR 656)
[13] Lakshmi Kant Pandey v. Union of India,
(1984 AIR 469)
[14] This letter was later referred
to a press report based on "empirical investigation carried out by the
staff of a reputed foreign magazine" called "The Mail".
[15] The Government of India has complied
with a number of the Court’s directives including setting up a Central Adoption
Resource Agency (CARA), which framed guidelines for the adoption of Indian
children.
[16] Bachpan
Bachao Andolan v. Union of India & Others, ([2011] 5 SCC 1)
[19] Writ Petitions Criminal Nos.
102/2007
[20] Bail to a person who is apparently
a child alleged to be in conflict with the law.
[21] Apprehension of a child alleged to
be in conflict with the law.
[22] W.P. No. 5327(W) of 2020 MANU/WB/0489/2020
[23] Classification of offences and
designated court.
[24] Delhi Commission for Protection of Child Rights vs Union of India,
(2022)