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Juvanile justice act ppt

  1. 1. Juvenile Justice Act
  2. 2. Introduction 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.
  3. 3. Cont….. Juvenile Justice allows for juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults. The Ministry of Women and Child Development began contemplating several desired amendments in 2011 and a process of consultation with various stake holders was initiated.
  4. 4. Example 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.
  5. 5. 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.
  6. 6. 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 biological child.  “Adoption regulations” means the regulations framed by the Authority and notified by the Central Government in respect of adoption.  “Administrator” means any district official not below the rank of Deputy Secretary to the State, on whom magisterial powers have been conferred.
  7. 7.  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 society.  “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 India.  “Authority” the Central Adoption Resource Authority constituted under section 68.
  8. 8. 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’
  9. 9. 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.
  10. 10. Who is a juvenile as recognized by law? 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.
  11. 11. Delinquency is a kind of abnormality when an individual deviates from the course of normal social life. 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 8. Shop-lifting 9. Stealing
  12. 12. Causes • 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
  13. 13. 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%.
  14. 14. 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 Bill are: – 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 years imprisonment.
  15. 15. GENERAL PRINCIPLES OF CARE AND PROTECTION OF CHILDREN  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 needs.
  16. 16.  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.
  17. 17. Odisha State Child Protection Society (OSCPS) 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 sub-district level.
  18. 18. Objective  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.
  19. 19. • 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 Governments. • Create mechanisms for a Child Protection Data Management System including MIS,
  20. 20. 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 activities. • 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,
  21. 21. • Child Marriage Prohibition Act 2006, • Immoral Traffic Prevention Act 1986, Pre- Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994, • Commissions for Protection of Child Rights Act 2005, Protection of Children from Sexual Offence Act 2012, etc.
  22. 22. Thank you

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