Juvenile Justice (Care and Protection of
Children) Act, 2015 has been passed by
Parliament of India amidst intense controversy,
debate and protest on many of its provisions by
Child Rights fraternity. It replaced the
Indian juvenile delinquency law.
Juvenile Justice allows for juveniles in
conflict with Law in the age group of 16–18,
involved in Heinous Offences, to be tried as
The Ministry of Women and Child
Development began contemplating several
desired amendments in 2011 and a process of
consultation with various stake holders was
The Delhi gang rape case in December 2012
had tremendous impact on public perception of
the Act. One of the accused in the 2012 Delhi
gang rape was a few months younger than 18
years of age and under the Act was tried in a
juvenile court. Eight writ petitions alleging the
Act and its several provisions to be
unconstitutional were heard by the Supreme
Court of India, prompting the juvenile court to
delay its verdict.
The existing law for juvenile justice in
India is the Juvenile Justice (Care and
Protection of Children) Act, 2015. It was
enacted to adopt a child-friendly approach in
the adjudication and disposition of matters in
the best interest of children and for their
ultimate rehabilitation through various
institutions established under this law.
Terminology In this Act
“abandoned child” means a child deserted by his biological or
adoptive parents or guardians, who has been declared as
abandoned by the Committee after due inquiry
“adoption” means the process through which the adopted child
is permanently separated from his biological parents and
becomes the lawful child of his adoptive parents with all the
rights, privileges and responsibilities that are attached to a
“Adoption regulations” means the regulations framed by the
Authority and notified by the Central Government in respect of
“Administrator” means any district official not below the rank
of Deputy Secretary to the State, on whom magisterial powers
have been conferred.
Aftercare” means making provision of support, financial or
otherwise, to persons, who have completed the age of eighteen
years but have not completed the age of twenty-one years, and
have left any institutional care to join the mainstream of the
“authorised foreign adoption agency” means a foreign social
or child welfare agency that is authorised by the Central
Adoption Resource Authority on the recommendation of their
Central Authority or Government department of that country
for sponsoring the application of non-resident Indian or
overseas citizen of India or persons of Indian origin or foreign
prospective adoptive parents for adoption of a child from
“Authority” the Central Adoption Resource Authority
constituted under section 68.
Definition of child
The act defines a child as a person
who has not completed eighteen years
of age. The Act classifies the term
“child” into two categories, namely
‘child in conflict with law’, and ‘child
in need of care and protection’
Classification of offences
The Act has also made a clear distinction of
the kinds of offences, categorising them as
petty, serious and heinous.
It stated that in case of a heinous offences
alleged to have been committed by a child
who has completed or is above the age of
sixteen years, a preliminary assessment with
regard to his mental and physical capacity to
commit such offence will be conducted, and
that the child may be tried as an adult.
Who is a juvenile as recognized
In the Indian context, a juvenile or child
is any person who is below the age of 18
years. However, the Indian Penal Code
specifies that a child cannot be charged
for any crime until he has attained seven
years of age.
Delinquency is a kind of abnormality when an
individual deviates from the course of normal social
Act of delinquency may include:
1. Running away from home
2. Habitual behavior beyond the control of parents.
3. Spending time idly beyond limits
4. Use of vulgar languages
5. Wandering about rail roads, streets market places
6. Visiting gambling centers
7. Committing sexual offences
• Loneliness Tensions Depression POVERTY
Money Fever Divorces
• Cozy lifestyle
• Low intelligence and academic failure
• Hyperactivity and impulsivity
• Engagement in Social networking sites
• Lack of Direction
• Quantity but not quality education
• Communication gap
• Unhealthy competition
• Family conflict
need for a new Bill
The government introduced the Juvenile Justice Bill
in August 2014 in Lok Sabha and gave various reasons
to justify the need for a new law. .
Additionally, the government cited National Crime
Records Bureau (NCRB) data to say that there has been
an increase in crimes committed by juveniles,
especially by those in the 16-18 years age group.
NCRB data shows that the percentage of juvenile
crimes,has increased from 1% in 2003 to 1.2% in
2013. During the same period, 16-18 year olds accused
of crimes as a percentage of all juveniles accused of
crimes increased from 54% to 66%.
The Bill provides for children between 16-18 to
replace the existing 2000 Act and lays down the
procedures to deal with both categories of
children The three types of offences defined by the
– a heinous offence is an offence that attracts a
minimum penalty of seven years imprisonment
under any existing law,
– a serious offence is one that gets imprisonment
between three to seven years and,
– a petty offence is penalized with up to three
GENERAL PRINCIPLES OF CARE AND PROTECTION OF
Principle of presumption of innocence any child shall be presumed
to be an innocent of any mala fined or criminal intent up to the age
of eighteen years.
Principle of dignity and worth All human beings shall be treated
with equal dignity and rights respect the personal identity of child.
Principle of participation Every child shall have a right to be heard
and to participate in all processes and decisions as per the maturity.
Principle of best interest All decisions regarding the child shall be
based on Children differ from adults in their physical and
psychological development and their emotional and educational
Principle of family responsibility In a family, a child is
introduced to emotions like love and security. the primary
responsibility of care, nurture and protection of the child shall
be that of the biological family or adoptive or foster parents,
functions of family like education, health, recreation etc.
Principle of safety All measures shall be taken to ensure that
the child is safe and is not subjected to any harm, abuse or
maltreatment while in contact with the care and protection
system, and thereafter.
Principle of non-waiver of rights No waiver of any of the
right of the child.
Principle of equality and non-discrimination There shall be
no discrimination against a child on any grounds including
sex, caste, ethnicity, place of birth, disability, health, status,
race, religion, cultural practices, work, activity or behavior.
Odisha State Child Protection
Odisha State Child Protection
Society (OSCPS) is the technical, fundamental
and functional unit of Women & Child
Development Department, Government of
Odisha, for implementation of Integrated Child
Protection Scheme (ICPS).
OSCPS has been registered in the year 2009
under Society Registration Act.
District Child Protection Units (DCPUs) as the
extended bodies of OSCPS, have been constituted
to carry out the activities of ICPS at district and
To facilitate and operate in an additional and technical capacity to
the W & CD Deptt., Govt. of Odisha for the implementation of
Integrated Child Protection Scheme(ICPS) in the State.
To set up DCPUs in all the districts.
To establish and strengthen a continuum of services for
Emergency Outreach, Institutional Care, Family and Community
based Care, Counseling and Support services.
To strengthen necessary structures and mechanisms for effective
implementation of the scheme at the state and district level.
Define and set standards of all services including the functioning
of statutory bodies.
• Build capacities of all functionaries including,
administrators and service providers.
• Ensure that members of allied systems
including, local bodies, police, judiciary and
other concerned departments of State
• Create mechanisms for a Child Protection Data
Management System including MIS,
OSCPS follows national and state priorities, rules and guidelines
• Implementation, supervision and monitoring of ICPS and all other
child protection scheme/programs and agencies/institutions at State
level and district level.
• Setting up and monitoring District Child Protection Unit (DCPU).
Providing financial support to DCPU for carrying out district level
• Ensuring effective implementation of the Juvenile Justice and its
subsequent amendments and Odisha Juvenile Justice Rules.
• Ensuring of effective implementation of other legislations and
policies for child protection in the State viz. Hindu Adoption and
Maintenance Act (HAMA) 1956,
• Child Labour (Prohibition and Regulation) Act 1986,
• Child Marriage Prohibition Act 2006,
• Immoral Traffic Prevention Act 1986, Pre-
Conception and Pre-Natal Diagnostic
Techniques (Prohibition of Sex Selection) Act
• Commissions for Protection of Child Rights
Act 2005, Protection of Children from Sexual
Offence Act 2012, etc.
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