Introduction

The Juvenile Justice (Care and Protection of Children) Act, 2000, aims to provide a legal framework
for the care, protection, treatment, and rehabilitation of children in conflict with the law and those in
need of care and protection. It emphasizes child-friendly procedures and a rehabilitative approach.

Section 2(K) Juvenile: A juvenile is typically defined as a person who has not yet reached
the age at which they can be held legally responsible for criminal actions as an adult. In India,
the Juvenile Justice (Care and Protection of Children) Act, 2000, defines a juvenile as a
person below the age of 18 years.

Section 2(I) Neglected Juvenile: A neglected juvenile is a child who is not receiving
adequate care, supervision, or guardianship. This can include children who are abandoned,
orphaned, or whose parents or guardians are unable or unwilling to provide proper care,
leading to neglect in terms of education, health, or welfare.

Provisions Regarding Neglected Juvenile

The Juvenile Justice (Care and Protection of Children) Act, 2000, provides several provisions
for the care, protection, treatment, and rehabilitation of neglected juveniles:

1. Child Welfare Committees (CWCs):

o CWCs are established in every district to deal with cases of neglected
juveniles. They are responsible for conducting inquiries and deciding on the
best course of action for the child, whether that be returning the child to their
family, placing them in a children's home, or arranging for adoption or foster
care.
2. Children's Homes:
o The Act mandates the establishment of children’s homes for the care and
rehabilitation of neglected and abandoned children. These homes provide
shelter, education, medical care, and counseling.
3. Shelter Homes:
o Temporary shelter homes provide immediate assistance and protection for
children in crisis situations.
4. Sponsorship and Foster Care:
o The Act encourages sponsorship and foster care programs as alternatives to
institutional care. These programs aim to provide children with a family-like
environment.
5. Adoption:
o Legal provisions are made for the adoption of neglected children, ensuring that
they are placed in a stable and caring environment.
6. Rehabilitation and Social Reintegration:
o Comprehensive measures are outlined for the social reintegration of children,
including vocational training, education, and other skill development programs
to help them lead a normal life.
Salient Features of the Juvenile Justice (Care and
Protection of Children) Act, 2000
Salient Features of the Juvenile Justice Act, 2015-

 Definition of ‘child in need of care and protection’ expanded–

Under the new law, the definition now also includes a child caught
working in violation of labour law, with imminent risk of marriage
before reaching the legal age for the same resides with a person
who has threatened or threatened to hurt, exploit, abuse or neglect
the child or to violate any other law, or whose parents or guardians
are unable to care from him.
 Child Welfare Committee is no longer the final authority in
cases of children in need of care and protection– Anyone
related to the child may apply to the district judge, who will review
and make appropriate orders as a district judge. the authority of the
Child Protection Committee.
 Procedure for inquiry– Unlike children for whom production
reports have been received, the Child Protection Committee must
now investigate any child produced before it. Orphaned and
delivered children are also included in the procedure.
 An extensive definition of ‘adoption’ provided– The rights of
the child have been recognized and a detailed definition of adoption
has now been provided.

Main Causes of Juvenile Delinquency

1. Family Environment:
o Parental Neglect or Abuse: Lack of proper supervision, emotional support,
or physical abuse by parents can lead to delinquent behavior.
o Family Breakdown: Divorce, separation, or death of parents can create
emotional instability and behavioral issues in children.
o Domestic Violence: Exposure to violence at home can normalize aggressive
behavior and lead to delinquency.
2. Socio-Economic Factors:
o Poverty: Economic hardship can force juveniles into criminal activities to
support themselves or their families.
o Lack of Education: Poor educational opportunities or school dropouts often
result in a lack of proper guidance and employment, leading to delinquency.
3. Peer Influence:
o Peer Pressure: Association with delinquent peers can influence a juvenile to
engage in criminal activities.
o Gang Involvement: Joining gangs can provide a sense of belonging and
identity, often at the cost of engaging in criminal behavior.
4. Substance Abuse:
 o Drug and Alcohol Use: Substance abuse impairs judgment and increases the
likelihood of engaging in criminal activities.
5. Mental Health Issues:
o Behavioral Disorders: Mental health issues such as conduct disorder, ADHD,
and depression can contribute to delinquent behavior.
o Trauma: Experiences of trauma or abuse can result in psychological issues
that lead to delinquency.

6. Environmental Factors:
o Community Violence: Living in high-crime areas can normalize criminal
behavior and increase the chances of juveniles engaging in such activities.
o Lack of Recreational Facilities: Absence of positive recreational and
extracurricular activities can lead to juveniles seeking out unlawful activities.

Measures to Prevent Juvenile Delinquency Under

the Juvenile Justice (Care and Protection of
Children) Act, 2000
1. Juvenile Justice Boards (JJBs):
o JJBs are established to handle cases of juveniles in conflict with the law. They
focus on rehabilitating the juvenile rather than punishing them, ensuring a
child-friendly approach.
2. Observation Homes and Special Homes:
o Observation homes provide temporary care for juveniles during the inquiry
process. Special homes are established for the long-term rehabilitation of
juveniles in conflict with the law.
3. Child Welfare Committees (CWCs):
o CWCs handle cases of children in need of care and protection. They ensure
that neglected or abused children receive the necessary support and
rehabilitation services.
4. Children's Homes and Shelter Homes:
o These homes provide care, education, and vocational training to neglected and
delinquent juveniles, ensuring their rehabilitation and reintegration into
society.
5. Counseling and Psychological Support:
o The Act mandates the provision of counseling and psychological support to
juveniles to address underlying emotional and mental health issues.
6. Education and Vocational Training:
o Emphasis is placed on providing education and vocational training to juveniles
to equip them with skills for gainful employment and prevent future
delinquency.
7. Aftercare Programs:
o Aftercare programs are designed to support juveniles transitioning from
special homes to society. These programs provide continued guidance,
education, and vocational training.
8. Rehabilitation and Social Reintegration:
 o The Act promotes comprehensive rehabilitation and social reintegration
strategies, including community-based services, to help juveniles lead
productive lives.
9. Legal Aid and Child-Friendly Procedures:
o Provision of free legal aid ensures that juveniles receive fair treatment in the
justice system. Child-friendly procedures are mandated to ensure that juveniles
are treated with dignity and respect throughout the legal process.
10. Preventive Measures:
o Community awareness programs and sensitization of law enforcement
officials to prevent juvenile delinquency and ensure that children are treated
appropriately.
11. Sponsorship and Foster Care:
o Sponsorship programs and foster care are promoted as alternatives to
institutional care, providing a more family-like environment for the child's
development.
12. Adoption Services:
o Detailed procedures for adoption ensure that children without parental care are
placed in loving and caring families.

Juvenile Justice Board

The Juvenile Justice Board (JJB) is a critical component of the Juvenile Justice (Care and
Protection of Children) Act, 2000, designed to handle cases involving juveniles in conflict
with the law. The JJB ensures that juveniles are treated in a manner appropriate to their age
and developmental needs, emphasizing rehabilitation over punishment. Below is a detailed
overview of the JJB and its procedures under the Act:

Juvenile Justice Board (JJB)

Composition (Section 4)

 Members: The JJB consists of a Metropolitan Magistrate or a Judicial Magistrate of the first
class and two social workers, one of whom must be a woman.
 Qualifications: The social workers should have at least seven years of experience in health,
education, or child welfare activities.

Jurisdiction

 Scope: The JJB has jurisdiction over all cases involving juveniles in conflict with the law within
its assigned area.
 Exclusive Authority: No juvenile in conflict with the law can be tried in a regular criminal
court. All such cases must be handled by the JJB.

Procedures of the Juvenile Justice Board

1. Apprehension and Production (Section 10)

 Apprehension: When a juvenile is apprehended by the police, they must not be placed in a
police lock-up or jail.
 Production Before JJB: The juvenile must be brought before the JJB within 24 hours of
apprehension (excluding travel time).

2. Bail for Juveniles (Section 12)

 Right to Bail: Juveniles are entitled to bail with or without surety unless their release is likely
to bring them into association with known criminals, expose them to moral danger, or defeat
the ends of justice.
 Order on Bail: If not released on bail, the juvenile must be sent to an Observation Home or a
place of safety.

3. Inquiry by the JJB (Section 14)

 Conduct of Inquiry: The JJB conducts an inquiry in a child-friendly manner, focusing on the
best interests of the juvenile.
 Time Frame: The inquiry must be completed within four months from the date of first
production before the JJB. This period can be extended by two additional months if
necessary.

4. Preliminary Assessment for Heinous Offenses (Section 15)

 Assessment Criteria: For juveniles aged 16-18 accused of heinous offenses, the JJB conducts
a preliminary assessment to determine whether the juvenile should be tried as an adult.
 Factors Considered: The assessment includes evaluating the juvenile's mental and physical
capacity to commit the offense, understanding of the consequences, and the circumstances
of the offense.
 Decision: Based on the assessment, the JJB decides whether the case should be transferred
to a Children's Court for trial as an adult.

5. Dispositional Hearing (Section 16)

 Possible Orders: After determining that a juvenile has committed the offense, the JJB can
pass orders such as:
o Counseling or community service
o Release on probation under the supervision of a probation officer
o Placement in a Special Home
o Orders for the juvenile to attend a school or vocational training center
 Rehabilitation Focus: The orders are aimed at rehabilitating the juvenile rather than
punishing them.

6. Observation Homes (Section 8)

 Temporary Care: During the pendency of the inquiry, juveniles are placed in Observation
Homes, which provide temporary care and protection.

7. Special Homes (Section 9)

  Long-Term Care: After the inquiry, juveniles can be placed in Special Homes for long-term
rehabilitation and social reintegration.

8. Review and Follow-Up

 Progress Review: The JJB periodically reviews the progress of juveniles placed under its care.
 Modification of Orders: Based on the juvenile's progress, the JJB can modify its orders to
better suit the juvenile’s rehabilitative needs.

9. Legal Representation (Section 3)

 Right to Legal Aid: Juveniles have the right to free legal aid and representation throughout
the proceedings.

Special Features of the JJB Procedure

 Child-Friendly Environment: All proceedings are conducted in a manner that respects the
dignity and rights of the juvenile, avoiding any form of harsh treatment or stigma.
 Confidentiality: The identity of the juvenile is kept confidential to protect their privacy and
future prospects.
 Non-Penal Measures: Emphasis is placed on non-penal measures such as counseling,
community service, and educational or vocational training.

Appeals (Section 52)

 Appeal Process: Decisions made by the JJB can be appealed to the Children’s Court or
Sessions Court within 30 days of the order.