Juvenile Justice (Care and Protection of Children) Act, 2015

Juvenile Justice in India
Parliament of India
  • An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto.
CitationNo 2 of 2016
Territorial extentIndia
Enacted byParliament of India
Enacted7 May 2015 (Lok Sabha)
22 December 2015 (Rajya Sabha
Assented to31 December 2015
Commenced= 15 January 2016
Legislative history
Bill titleThe Juvenile Justice (Care and Protection of Children) Bill, 2015
Bill citationBill No 99-C of 2014
Introduced byManeka Gandhi, Minister of Women and Child Development
Introduced12 August 2014
First readingRh
Second readingDh
Third readingFh
Committee reportStanding Committee Report
Repeals
Juvenile Justice (Care and Protection of Children) Act, 2000
Amended by
Juvenile Justice (Care and Protection of Children) Amendment Act, 2021
Status: In force (amended)

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.[1] It replaced the Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000, and allows for juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults.[2] The Act also sought to create a universally accessible adoption law for India, overtaking the Hindu Adoptions and Maintenance Act (1956) (applicable to Hindus, Buddhists, Jains, and Sikhs) and the Guardians and Wards Act (1890) (applicable to Muslims), though not replacing them. The Act came into force from 15 January 2016.[3]

It was passed on 7 May 2015 by the Lok Sabha amid intense protest by several Members of Parliament. It was passed on 22 December 2015 by the Rajya Sabha.[2][4]

To streamline adoption procedures for orphan, abandoned and surrendered children, the existing Central Adoption Resource Authority (CARA) has been given the status of a statutory body to enable it to perform its function more effectively. A separate chapter on Adoption provides detailed provisions relating to adoption and punishments for non compliance. Processes have been streamlined with timelines for both in-country and inter-country adoption including declaring a child legally free for adoption.

This Act has further been amended by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021 which have come into force from 1 September 2022.

  1. ^ Got the Presidential assent on 31 December 2015. As notified at Learning the Law, Last accessed on 27 July 2016 10:01 AM
  2. ^ a b "16-Year-Olds to be Tried as Adults in Extreme Crimes, Says Lok Sabha". NDTV. 7 May 2015. Retrieved 10 May 2015.
  3. ^ "Commencement notification" (PDF). Retrieved 15 January 2016.
  4. ^ "Rajya Sabha passes Juvenile Justice Bill; Jyoti's parents welcome development". The Indian Express. 22 December 2015. Retrieved 22 December 2015.