You are on page 1of 3

 The act of juvenile justice ( care an d protection ) act 2015

replaced the act of 2000
 The act comes in to force on 15th January

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

After the 2012 Delhi gang rape, it was found that one of the accused was a few
months away from being 18. So, he was tried in a juvenile court. [1] On 31 July
2013, Subramanian Swamy, a BJP politician filed a Public Interest Litigation in
the Supreme Court of Indiaseeking that the boy be tried as an adult in a court.
The Court asked the juvenile court of delay its verdict

In July 2014, Minister of Women and Child Development, Maneka Gandhi said
that they were preparing a new law which will allow 16-year-olds to be tried as

The bill was introduced in the Parliament by Maneka Gandhi on 12 August 2014.
On 22 April 2015, the Cabinet cleared the final version after some changes

The bill will allow a Juvenile Justice Board, which would
include psychologists andsociologists, to decide whether a juvenile criminal in the
age group of 16–18 should tried as an adult or not.

The bill introduces foster care in India

 One of the most criticized step in the new JJ Bill 2015 is introduction of "Judicial
Waiver System" which allows in certain conditions to treat juveniles in adult
criminal justice system and to punish them as adults. This is for the first time in
India's history that such a provision has been prescribed. Given to the severe
criticism, Bill was referred to a Standing Committee of Parliament which also
rejected such provisions. Since recommendations of Parliament's Standing
Committee are not binding, Government has moved ahead and introduced the
Bill in Lok Sabha, where it stands passed.

 The bill now stands Passed in Rajya-Sabha on Tuesday 22 December 2015, after
the Nirbhaya case accused juvenile was released

 During the debate in the Lok Sabha in May 2015, Shashi Tharoor,
an INC Member of the Parliament (MP), argued that the law was in contradiction
with international standards and that most children who break the law come from
poor and illiterate families. He said that they should be educated instead of being

lowering culpable age from 18 years to 16 years  Some other key provisions include new definitions such as orphaned. abandoned and surrendered children. no matter how serious the crime is  The law also says that youthful offenders cannot be sentenced to death or life in prison  The first legislation on juvenile justice in India came in the year 1850 which required that children between the ages of 10-18 years. Retired Judge of Delhi High Court. the maximum sentence for a juvenile who has broken the law is three years in a protective home. "We are a civilised nation and if we become barbaric by twisting our own laws. clarity in powers.  According to the present Act. who are convicted in courts. but on rehabilitation  The bill also seeks to establish Juvenile Justice Boards (JJB) and Child Welfare Committees in each district of the country. the emphasis of juvenile detention is not supposed to be on punishment. then the enemy will succeed in destroying our social structure. We should not allow that but we must condemn this move of sending children to fight their war"  The act . Justice RS Sodhi on 8 August 2015 told Hindustan Times. should be provided vocational training as a part of their rehabilitation process  This Act was further amended in 2006 and 2011 and is now known as the Juvenile Justice (Care and Protection) Act. function and responsibilities of the Juvenile Justice Board and Child Welfare Committee. petty. 2000.  For streamlined and more effective adoption procedures for orphaned. It also demands that JJB will decide whether a juvenile accused will be sent to a rehabilitation home or be tried as an adult  Under the Juvenile Justice (Care and Protection of Children) Act. serious and heinous offences committed by children. 2000 . abandoned and surrendered children. the existing Central Adoption Resource Authority has been given statutory body status.

news-sheet or visual media shall disclose the name. address or school.  Penalties for cruelty against a child. and abduction or selling a child have been prescribed  . The JJB will conduct a preliminary inquiry to determine whether a juvenile offender is to be sent for rehabilitation or be tried as an adult. The CWC will determine institutional care for children in need of care and protection. magazine. or any other particulars calculated to lead to the identification of the juvenile"  Juvenile Justice Boards (JJB) and Child Welfare Committees (CWC) will be constituted in each district.  Eligibility of adoptive parents and the procedure for adoption have been included in the Bill. offering a narcotic substance to a child. "No newspaper. According to the Act.