Juvenile Justice Act 2021 | Juvenile Justice (Care & Protection of Children) Act 2015 (Amend 2021)

The Juvenile Justice (Care & Protection of Children) Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015 was enacted with a view to “consolidate and amend the law relating to children alleged and found in conflict with law and children in need of care and protection by catering to their basic needs through proper, care, protection, development…” The provisions focus on adopting a child-friendly approach in adjudication and disposal of matters. Further, it seeks the rehabilitation and social re-integration of children in their best interests to allow them a fresh chance at life.
Section 3 enlists the various (sixteen) general principles of law which are required to be followed in the administration of the Act. Prominent among these are: the principle of presumption of innocence wherein all children are presumed to be innocent of any criminal intent, the principle of dignity and worth, the principle of best interest, the principle of non-waiver of rights, the principle of repatriation and restoration, the principle of a fresh start and the principle of natural justice.
Background
The Delhi gang-rape in 2012 was an unfortunate incident which shook the heart of the nation and struck a raw nerve. The incident also ignited national discourse on the question of juvenile delinquency as one of the prime accused in the case was a juvenile, just few months from becoming 18yrs. The fact that this accused was tried in a juvenile court, thus escaping a death sentence, triggered a massive outcry on the inadequacy of the juvenile law to treat cases where such heinous crimes had been committed.
The infrastructure of child care institutions currently in place is not enough for carrying out proper implementation and there is a severe dearth of human resources. Instead of acting upon public uproar, the government should have ascertained its responsibility and dealt with the crumbling juvenile frameworks. Juvenile homes must be created in a manner where delinquents have the opportunity to tune themselves with the rest of the society. They must receive the opportunities to reform and be educated, to be ready to make the plunge back into civilised society and live an honourable life.
It is the need of the hour to bring about reforms in the way our juvenile justice system works. The Juvenile Justice (Care and Protection of Children) Act, 2015 however, is not the answer to this puzzle. Enabling the trial of children as adults and penalising them effectively destroys their lives in such a manner that does not even afford them a chance to reform themselves for mistakes they committed as naïve children.

[@mahadevpalled7716]

Thank you very much sir for simplifying the JJ act...easy to remember now.

[@SureshBadaMath]

All the best
Happy to know that it is useful

[@shubharao59]

Excellent Presentation Dr. 🎉

[@SureshBadaMath]

Thank you for sharing your feedback

[@ahmedali-nk1kd]

Nice to hear sir... Fundamental rights of children Article 21 A.. Pl include.... Better...

[@SureshBadaMath]

Thank you very much for your suggestion

[@akhiltharakan529]

Thanks sir
For all these sessions

[@SureshBadaMath]

Welcome

[@shubhajoshi2478]

Thank you so much sir.

[@SureshBadaMath]

Welcome

[@dikshagarg21]

Good morning sir. Thank you so much for the beautiful sessions. Sir your polite teaching make us feel English as our mother tongue...even you don't utter single word in hindi..but we understand whole lecture properly dur to your polite behaviour and great expressions.🙏

[@SureshBadaMath]

Thank you very much for your feedback

[@mrinalbarua]

Sir, could you please comment whether “violation of child rights” as mentioned in the UNCRC would constitute “abuse” of a child under section 75 of the JJ act?

[@SureshBadaMath]

Sec 75 of the JJ Act 2015, is specific to punishment for cruelty towards a child. This section is specific and articulates that whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both.
This is not a broader category but specific clause and require an intent to cause harm to the child.
This law also says that if biological parents neglect a child by default, it will be considered not willful. This clause is not a broader concept but very specific to “cruelty to a child”
However, Sec 13 of Commissions for Protection of Child Rights Act, 2005 articulates about the child rights abuse and suo moto case can be taken by the child rights commission for any rights violation

[@mrinalbarua]

@@SureshBadaMath what is said is true sir. “Abuse” as a term is not defined in any domestic law, including the JJ act. In the Black’s law dictionary the term “abuse” is defined as “n. Everything which is contrary to good order established by usage”. I am working on an article concerning “child abuse by parents in matrimonial disputes” as well a battling a child rights matter in court concerning my son. Considering the established fact that separation of a child from a parent by the other parent would cause the child “unnecessary mental suffering”, would violation of article 9 of UNCRC constitute an offence of abuse and neglect under section 75. The issue here is that “custody” and “visitation” is hardwired into the heads of law enforcement, child protection agencies and judiciary, which too is not a defined term in law. My point is that custody is determined by court later but some parent block access of the other parent to the child much before that which should qualify as a crime under section 75 of the JJ Act. Anyways, the current principle is “best interest of the child”. Need your comments (please go through the preamble of JJ Act and principle under Section 3: non waiver of rights)

[@mrinalbarua]

@@SureshBadaMath Sir, do you think that violation of child rights would constitute "abuse" or "neglect" of a child? I want to know your views on this.

[@mrinalbarua]

@@SureshBadaMath thank you Sir

[@SureshBadaMath]

@@mrinalbarua Abuse is defined as to use something for the wrong purpose in a way that is harmful or morally wrong.
But
Children’s rights means to recognize fundamental guarantees to all human beings:
The right to life, the non-discrimination principle, the right to dignity through the protection of physical and mental integrity (protection against slavery, torture and bad treatments, etc.)
Children’s rights are civil and political rights, such as the right to identity, the right to a nationality, etc.
Children’s rights are economic, social and cultural rights, such as the right to education, the right to a decent standard of living, the right to health, etc.
Children’s rights include individual rights: the right to live with his or her parents, the right to education, the right to benefit from protection, etc.
Children’s rights include collective rights: rights of refugee and disabled children, of minority children or from autochthonous groups.
Child rights are comprehensive and multi-dimension but abuse is negative and unidirectional in nature

[@ambikavittal2266]

Hi... Sir... Make the video in Kannada 🙏

[@SureshBadaMath]

Will try