The Juvenile Justice in India | |
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Parliament of India | |
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Citation | Act No. 56 of 2000 |
Territorial extent | Whole of India |
Enacted by | Parliament of India |
Assented to | 30 December 2000 |
Commenced | 1 April 2001 |
Amended by | |
Juvenile Justice (Care and Protection of Children) Act, 2015 | |
Status: Repealed |
The Juvenile Justice (Care and Protection of Children) Act, 2000 is the primary legal framework for juvenile justice in India. The act provides for a special approach towards the prevention and treatment of juvenile delinquency and provides a framework for the protection, treatment and rehabilitation of children in the purview of the juvenile justice system. This law, brought in compliance of the 1989 UN Convention on the Rights of the Child (UNCRC), repealed the earlier Juvenile Justice Act of 1986 after India signed and ratified the UNCRC in 1992. In the wake of Delhi gang rape (16 Dec 2012), the law suffered a nationwide criticism owing to its helplessness against crimes where juveniles get involved in heinous crimes like rape and murder. In 2015, responding to the public sentiment, both the houses of parliament in India further amended the bill that proposed adult-like treatment for juveniles aged 16–18 above accused of heinous crimes. The lower house, i.e. Lok Sabha passed the bill on 7 May 2015 and the upper house, i.e. Rajya Sabha on 22 December 2015. The bill was approved by President Pranab Mukherjee's assent on 31 December 2015.
The Act is considered to be extremely progressive legislation and the Model Rules 2007 have further added to the effectiveness of this welfare legislation. However, the implementation is a very serious concern even in 2013 and the Supreme Court of India is constantly looking into the implementation of this law in Sampurna Behrua Versus Union of India and Bachpan Bachao Andolan Versus Union of India. In addition to the Supreme Court, the Bombay and Allahabad High Courts are also monitoring implementation of the Act in judicial proceedings. In order to upgrade the Juvenile Justice Administration System, the Government of India launched the Integrated Child Protection Scheme (ICPS) in 2009-10 whereby financial allocations have been increased and various existing schemes have been merged under one scheme.
A separate petition titled Deepika Thusso Versus State of Jammu and Kashmir is also pending consideration before the Supreme Court on implementation of the Juvenile Justice Act, 1997 which is applicable in the State of Jammu and Kashmir.
Based on a resolution passed in 2006 and reiterated in 2009 in the Conference of Chief Justices of India, several High Courts have constituted "Juvenile Justice Committees" headed by sitting judges of High Courts. These committees supervise and monitor implementation of the Act in their jurisdiction.