Ce diaporama a bien été signalé.
Le téléchargement de votre SlideShare est en cours. ×

The juvenile justice (care and protection of children) act, 2015

Publicité
Publicité
Publicité
Publicité
Publicité
Publicité
Publicité
Publicité
Publicité
Publicité
Publicité
Publicité
Prochain SlideShare
Pocso rules 2012
Pocso rules 2012
Chargement dans…3
×

Consultez-les par la suite

1 sur 12 Publicité

The juvenile justice (care and protection of children) act, 2015

Télécharger pour lire hors ligne

The updated Indian legislation regarding Juvenile Protection and Procedure for protection of their identity and betterment of their future. This PPt gives an overall idea of the Act in a precise manner

The updated Indian legislation regarding Juvenile Protection and Procedure for protection of their identity and betterment of their future. This PPt gives an overall idea of the Act in a precise manner

Publicité
Publicité

Plus De Contenu Connexe

Diaporamas pour vous (20)

Similaire à The juvenile justice (care and protection of children) act, 2015 (20)

Publicité

Plus récents (20)

The juvenile justice (care and protection of children) act, 2015

  1. 1. Mainak Chandra BBA LL.B.(H) Amity University Kolkata THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
  2. 2. Definitions under Section 2 of the Act Definitions pertaining to Adoption Other Important Definitions  Sec. 2 (1): “abandoned child” Child deserted by his biological or adoptive parents or guardians, who has been declared as abandoned by the Committee after due inquiry.  Sec. 2 (2): “adoption” 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.  Sec. 2 (16): “child legally free for adoption” A child declared as such by the Committee after making due Sec. 2 (16) inquiry under Sec. 38.  Sec. 2(31) “guardian” in relation to a child, means his natural guardian or any other person having actual charge of the child, recognised and opined by the Committee or the Board .  Sec. 2(42) “orphan” means a child who is without biological or adoptive parents or legal guardian or whose legal guardian is not willing or capable of taking care of the child;  Sec. 2(46) “place of safety” means any place or institution, not being a police lockup or jail, established separately or attached to an observation home or a special home, as the case may be, the person in-charge of which is willing to receive and take care of the children alleged or found to be in conflict with law, by an order of the Board or the Children’s Court, both during inquiry and ongoing rehabilitation after having been found guilty for a period and purpose as specified in the order;
  3. 3. Difference between Child & Juvenile as defined in the Act Child Juvenile  Defined u/s 2(12)  A person under the age of full legal obligation and responsibility is a child or a person who is below the legal age of eighteen years is child  Defined u/s 2(35)  juvenile indicates either immature person or young offenders i.e. a young person accused of crime In general sense, both the term has same meaning but however difference lies in context of implications in the eyes of law.
  4. 4. Classification of Offences as defined under the Act Sectio n Kind of Offence Punishment period 2(33) heinous offences minimum punishment is seven years 2(45) petty offences maximum punishment is up to three years 2(54) serious offences imprisonment between three to seven years
  5. 5. Homes & Shelters defined under the Act Home & Shelter Defined under Established & Maintained by Purpose Children’s Home Sec. 2(19) by the State Government, either by itself, or through a voluntary or non-govt. organisation As specified in Sec. 50 of the Act Observation Home Sec. 2(40) by the State Government, either by itself, or through a voluntary or non-govt. organisation As specified in sub-Sec. (1) of Sec. 47 of the Act Open Shelter Sec. 2(41) by the State Government, either by itself, or through a voluntary or non-govt. organisation As specified in sub-Sec. (1) of Sec. 43 of the Act Special Home Sec. 2(56) by the State Government, either by itself, or through a voluntary or non-govt. organisation for housing and providing rehabilitative services to children in conflict with law found guilty by the Juvenile Justice Board.
  6. 6. Important Principles under Chapter III of the Act  Principle of presumption of innocence: Any child shall be presumed to be an innocent of criminal intent up to the age of 18 years  Principle of best interest: All decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child.  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 equality and non-discrimination: There shall be no discrimination against a child on any grounds including sex, caste, ethnicity, place of birth, disability.  Principle of right to privacy and confidentiality: Every child shall have a right to protection of his privacy and confidentiality, by all means and throughout the judicial process.  Principle of fresh start: All past records of any child under the Juvenile Justice system should be erased except in special circumstances.  Principles of natural justice
  7. 7. CHILD IN CONFLICT WITH LAW (CICL)  Defined u/s 2(13) of the Act.  It refers to a child who is alleged or found to have committed an offence and who has not completed 18 years of age on the date of commission of such offence;  Procedure regarding CICL mentioned in Chapter IV of the Act. Key Rights of CICL:  Right to Bail  No need of handcuff, arrest or kept in Jail or Police Lockup  Registration of FIR only required for heinous crimes; Protection of Identity  Right of parents to be informed  Right to reunite with Family  After Care Key Facts relating CICL:  Children in the age group of 16 - 18 years may be tried as adults in cases of heinous offences after preliminary assessment by the Juvenile Justice Board.  A child in conflict with law will be sent to an Observation Home temporarily during pendency of inquiry.  A child who is found to have committed an offence by the Juvenile Justice Board will be placed in a Special Home.
  8. 8. PROCEDURE, NATURE OF INQUIRY & DISPOSITION OF ORDERS CONCERNING CHILD IN CONFLICT WITH LAW (CICL)
  9. 9. CHILD IN NEED OF CARE & PROTECTION  Defined u/s 2(14) of the Act.  Procedure in relating to such child is stated under Chapter VI of the Act.  A child in need of care and protection will be placed in a Children‘s Home for care, treatment, education, training, development and rehabilitation.  A child in need of care and protection is to be produced before the Child Welfare Committee within 24 hours by police officer /Child Welfare Officer/public servant/public spirited person/Designated Child Welfare Police Officer or by the child himself.  Non-reporting of such child is punishable with 6 months imprisonment or fine or both u/s 34 of the Act.  The Act provides for mandatory reporting of a child found separated from his/her guardian. Non reporting has been treated as a punishable offence.  The Act provides for Open Shelters for Children in need of community support on short term basis for protecting them from abuse or keeping them away from a life on the streets.  The Child Welfare Committees shall meet at least 20 days in a month and the District Magistrate shall conduct a quarterly review of the functioning of the Child Welfare Committee.
  10. 10. ADOPTION  Referred in Chapter VIII of the Act from Sections 56 – 73.  Central Adoption Resource Authority (CARA) CARA is the Central Authority of India, which is mandated to promote & facilitate domestic adoptions, regulate inter-country adoption and frame Adoption Regulations as per Section 68 of JJ Act(C&PC), 2015.  Specialized Adoption Agency (SAA) SAA helps to facilitate the process of adoption for the children in its institution, along with children in the Child Care Institutions links to the SAA. It also has the responsibility to provide care and protection to every child in its institution. Who Can Be Adopted?  Children up to the age of 18 years can be adopted. (Section 2(12) of Juvenile Justice (Care and Protection) Act, 2015).  According to Section 56(1), a couple or a single parent can adopt an orphan/ abandoned/surrendered child.  Also, children of relatives can also be adopted by In-country parents (Section 56(2)) and by Inter- country parents as well. (Section 60)
  11. 11. Eligibility of Prospective Adoptive Parents (PAP) According to Section 57 of the Act : a) Must be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him. b) Couple must have at least two years of stable marital relationship. c) Eligibility of prospective adoptive parents to apply for children of different age groups shall be based on the following age criteria:  The minimum age difference between the child and either of the prospective adoptive parents shall not be less than twenty-five yea₹  The age criteria for prospective adoptive parents shall not be applicable in case of relative adoptions and adoption by step-parent.  Couples with three or more children shall not be considered for adoption except in case of special need children, hard to place children and in case of relative adoption and adoption by step-parent. Age of Child Maximum composite age of couple (PAPs) Minimum age of single PAP Up to 4yrs 90yrs 45yrs Above 4 yrs & below 8 yrs 100yrs 50yrs Above 8 yrs up to 18 yrs 110yrs 55yrs
  12. 12. OFFENCES AGAINST CHILDREN (Chapter IX) Sectio n Description Punishment 75 Punishment for cruelty against a child Imprisonment up to 5 year and/or fine of up to ₹ 5 lakhs 76 Employment of child for begging Not less then 7 years and/or fine up to ₹ 5 Lakh 77 Selling intoxicating liquor or drugs to a child Imprisonment of up to 7 years and fine of ₹ 1 lakh. 79 Exploitation of a child by the employee Rigorous imprisonment up to years or fine up to 1 lakh 81 Sale or procurement of child Imprisonment up to 5 years or fine up to lakh 83 Use of child for militant groups or by adults Imprisonment up to 7 years and fine of ₹ 5 lakh 85 Offences against a disabled child Double the punishment if committed against a non-disabled child 87 Abetment Treated as the offender.

×