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The Juvenile Justice (Care and Protection of Children) Amendment Act 2006 and Rules, 2007 Prepared by CPRC 2012
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 26 th 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. üJuvenile in conflict with law is a child who is alleged to have committed an offence üChildren 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
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 isq Homeless q Having incapacitate parent q Abandoned, missing or run away q Victim of natural calamities q Victim of armed conflict Victim of civil commotion q Victim of sexual abuse q Mentally or physically challenged q Mentally or physically ill q Suffering with terminal diseases AIDS/HIV affected q Drug abused or trafficked (b) Juvenile in conflict is a juvenile who is alleged to have committed an offence. This category also includes child victims of crime
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 JPW O 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 -1 st 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 Less than 18 years on date of offence Physical appearance or documents, if any Conclusive Inquiry 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