2. At the end of the session the participants would understand
◦ The basics of Juvenile Justice Act
◦ Bottlenecks in Juvenile Justice Act 2000
◦ Overview of Juvenile Justice Act 2006
3. The fate of humanity is in the hands of a child
-Abraham Lincoln
4. The Act is a central Act, which came into force on April 1, 2001,
throughout the country. It is based on
(i) Provisions of the Indian Constitution
(ii) United Nations Convention on Rights of the Child, 1989
(iii) United Nations Standard Minimum Rules for the
Administration of Juvenile Justice, 1985 (the Beijing Rules)
(iv) United Nations Rules for the Protection of Juveniles deprived
of their Liberty, 1990.
5. The act fails to express the minimum age, below which the Act would
not be applicable
There is no concept of parental responsibility
Education, training and recreation of children, who are in observation
homes, have not been provided
Fails to provide for procedural guarantees like right to counsel and
right to speedy trial
The Act does not take into account the orders and directions of the
Supreme Court
Fails to identify juvenile in need of care and protection, the reach of
this law becomes restricted
6. Prohibits the disclose the name, address or school or any
other particulars calculated to lead to the identification of the
juvenile or child
Any person who contravenes the provisions of the above
sub-section shall be liable to a penalty which may extend to
twenty-five thousand rupees.
The Act provides constituting five members District level
quasi-judicial body "Child Welfare Committee".
7. “Adoption” means
◦ the process through which the adopted child is
permanently separated from his biological
parents
◦ become the legitimate child of his adoptive
parents
◦ with all the rights, privileges and responsibilities
that are attached to the relationship.
8. The court may allow a child to be given in
adoption—
(a) to a person irrespective of marital status
(b) to parents to adopt a child of same sex irrespective
of the number of living biological sons or daughters
(c) to childless couples
9. Court shall make an inquiry, take evidence as (but not an
affidavit) so as to determine the age of such person, and shall
record a finding whether the person is a juvenile or a child
• If the court finds a person to be a juvenile on the date of
commission of the offence under sub-section (1), it shall
forward the juvenile to the Board for passing appropriate
order, and the sentence if any, passed by a court shall be
deemed to have no effect.’’.
10. The State Government shall review the pendency of cases of the
Committee at every six months, and shall direct the Committee
to increase the frequency of its sittings or may cause the
constitution of additional Committees.
After the completion of the inquiry, if, the Committee is of the
opinion that the said child has no family or ostensible support or
is in continued need of care and protection, it may allow the
child to remain in the children’s home or shelter home till
suitable rehabilitation is found for him or till he attains the age
of eighteen years.”.
