The Juvenile Justice (Care and Protection of Children) Act, 2000 is the primary legal framework for juvenile justice in India. The act provides for a special approach towards the prevention and treatment of juvenile delinquency and provides a framework for the protection, treatment and rehabilitation of children in the purview of the juvenile justice system. This law, brought in compliance of the 1989 UN Convention on the Rights of the Child (UNCRC), repealed the earlier Juvenile Justice Act of 1986 after India signed and ratified the UNCRC in 1992. This act has been further amended in 2006 and 2010.
Who is a Juvenile?
Section 2 (k) of the Juvenile Justice (Care and Protection of Children) Act,2000 defines "juvenile" or "Child" as a person who has not completed eighteenth year of age.
Who is a Child in need of care and protection(CNCP)?
According to Section 2 (d) of Juvenile Justice Act, a child in needs of care and protection means:
Who is a Juvenile in conflict with law (JCL)?
Section 2 (l) of the Juvenile Justice Act, 2000 has defined "juvenile in conflict with law" as a juvenile who is alleged to have committed an offence and has not completed eighteenth year of age as on the date of commission of such offence.
Juvenile Justice Board (JJB) & Child Welfare Committee (CWC)
A child apprehended by the police directly or on complaint is brought to the legal system. The process of justice for children, facing adverse circumstances, commences with their production before the competent authority, that is, Child Welfare Committee (CWC) or Juvenile Justice Board (JJB). The competent authority is supposed to act 'on behalf' of children under difficult circumstances. It initiates action which is supposed to give a positive turn to the course such children find themselves set on. Here, the dominant ethical consideration needs to be as to what course of action would be in the larger and long-term interest of the children produced before the authorities.
The role of Legal Services in Juvenile Justice
The Juvenile Justice Committee High Court, Calcutta supervises the functioning of the activities relating to the CNCP and the JCL. The Committee has the following members at present :
|HON'BLE JUSTICE NADIRA PATHERYA, JUDGE, HIGH COURT, CALCUTTA||CHAIRPERSON|
|HON'BLE JUSTICE HARISH TANDON, JUDGE, HIGH COURT, CALCUTTA||MEMBER|
|HON'BLE MR. JUSTICE SOUMEN SEN, JUDGE, HIGH COURT, CALCUTTA||MEMBER|