SUBMISSION FOR PARTIAL FULILMENT OF 9TH SEMESTER

PROJECT TO BE SUBMITTED FOR INTERNAL ASSESSMENT

JUVENILE JUSTICE IN INDIA

Concerned Subject: Administration of Criminal Justice II

Submitted to: Dr. Gazal Gupta

Submitted by: Neha Saifi
15GSOL103085
(BBA LLB SEC.B)
 INTRODUCTION
The fate of humanity is in the hands of the child –by Abraham Lincoln

The Juvenile Justice Act, 2000 is the primary law for children in need of care and protection.
The JJ act designed for the care, protection, development and rehabilitation of neglected and
delinquent juveniles, as well as for the adjudication of and disposal of certain matters related
to them.

The Juvenile Justice Act, 1986 has been replaced by a new Act called ‘The Juvenile Justice
(Care and Protection of Children) Act, 2000’. This new law is more child-friendly and provides
for proper care and protection as also for ultimate rehabilitation of children in need of care and
protection. A clear distinction has been made in the new law between the juvenile offender and
the neglected child. The other salient features of this enactment are: (i) it prescribes a uniform
age of 18 years below which both boys and girls are to be treated as children (ii) the Act directs
that the cases related to juveniles should be completed within a period of four months (iii) it
has been made compulsory to set up a Juvenile Justice Board (previously known as Juvenile
Court) and Child Welfare Committee (previously known as Juvenile Welfare Board) either for
a District or a group of Districts. (iv) special emphasis has been given for rehabilitation and
social re-integration of the children and the alternatives provided for this are adoption, foster
care, sponsorship and after-care. The new Act allows for adoption of a child within the purview
of this Act by any community. The Juvenile Justice Board has been empowered to give such
children in adoption even to a single parent and to parents to adopt a child of same sex
irrespective of number of biological sons or daughters.

The Juvenile Justice Rules, 2002 under the 2000 Act have already been framed by the
Government. 28 J.J board and 30 Child Welfare committees in respect of all the 30 districts
has been constituted. In order to facilitate effective functioning of the CW Committees,
DSWOs have been directed to provide secretarial assistance and contingency funds @Rs. 1.02
lacs per district have been provided to support the child protection mechanism in the district.

The programme for Juvenile Justice endeavours to provide for full coverage of services
envisaged under the Juvenile Justice Act so as to ensure that no child under any circumstances
is lodged in prison; to bring about qualitative improvement in the juvenile justice services and
to promote voluntary action for the prevention of juvenile social maladjustment and
rehabilitation of socially maladjusted juveniles.

Under the Programme for Juvenile Justice, the GOI provides assistance to the State
Government for establishment and maintenance of Observation Homes, Juvenile Homes,
Special Homes and after-care institutions for children in conflict with law and children in need
of care and protection.

There are 15 Observation Homes in the State including 3 run by Government – one in Rourkela
and two in Berhampur, the Special Home for neglected juvenile girls being one of them. The
cost of maintenance of the inmates of the Observation Homes is borne by the State Government
and Central Government on a 50:50 sharing basis under a Centrally Sponsored Plan Scheme.
The maintenance grant per inmate has been raised to Rs.500/- from the previous level of
Rs.300/- from 2004-05. The number of inmates in these Observation/Special Homes during the
year has been varying between 110-120.

During 2006-2007 an amount of Rs.8.00 lakhs as State’s share has been provided under the
Scheme with a matching share available from Government of India.

The Objective of the Act:

 To Lay Down A Legal Structure For The Juvenile Justice System In The Country
 To Provide A Special Approach To The Protection And Treatment Of Juveniles
 To outline the machinery and infrastructure required for the care, protection, treatment,
development and rehabilitation of juveniles
 To establish norms and standards for administration of juvenile justice
 To establish linkages and co-ordination between the formal system of juvenile justice
and voluntary efforts in the welfare of juveniles
 To constitute special offences in relation to juveniles and provide punishment.

SALIENT FEATURES OF JUVENILE JUSTICE (CARE AND

PROTECTION OF CHILDREN) ACT, 2000
 The age for boys and girls has been uniformly raised to 18 years in accordance with the
UNCRC.
 It deals separately, two categories of children i.e. ‘child in need of care and protection’
and ‘juvenile in conflict with law’. A ‘child in need of care and protection’ is a child
who due to various reasons is found in difficult circumstances and is in danger of
survival and growth. The ‘juvenile in conflict with law’ are those juveniles who are
alleged to have committed an offence. The Act provides separate treatment in the matter
of institutional care, legal adjudication and disposition of cases.
 The Competent Authority in relation to ‘child in need of care and protection’ is Child
Welfare Committee and in relation to ‘juvenile in conflict with law’ is Juvenile Justice
Board.
 The members of the Committee in the Board have been given magisterial power.
 The social workers and the representative of the NGOs having prescribed qualifications
under the Act can now become member of the Competent Authority.
 For the ‘juvenile is conflict with law’, the Act envisages to establish Observation
Homes and Special Homes. For the ‘child in need of care and protection’, provision has
been made to establish Comprehensive Children’s Homes. While the Shelter Home and
the After-Care Organizations may be established for juveniles or children. The Shelter
Home shall be exclusively established and run by the voluntary sector with the
assistance from the government. All others Homes can either be established or run by
the government in association with the voluntary organizations.
  The representatives of voluntary organizations and social workers can become
members of Advisory Committee.
 New modes of dispositional alternatives like counseling and community services have
been incorporated for the juveniles in accordance with Beijing Rule.
 A new chapter on rehabilitation and social re-integration comprising of adoption, foster
care and sponsorship has been added.
 The police has been assigned specialized role in accordance with Beijing Rules. A
Special Juvenile Police Unit (SJPU) shall be set-up in every police station. A police
officer of the rank not below an Assistant Sub-Inspector (ASI) shall be designated as
Child Welfare Officer. He shall be assisted by two local voluntary social workers.
 A new concept of Social Audit has been introduced in accordance with Beijing Rules.
 Besides police, the social worker and the voluntary organization have role in production
of children before the Child Welfare Committee.
 A child himself/herself can appear before the Competent Authority and demand his/her
rights.
 The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review the
pendency of cases of the Board at every six months, and shall direct the Board to
increase the frequency of its sittings or may cause the constitution of additional Boards.

JUVENILE DELINQUENCY
“If every saint has a past then every criminal has a future”...Mahatma Gandhi

So in the case of a child offender, special care should be given to his future for it is yet in a
budding state and is not beyond repair.

Juvenile delinquency refers to the antisocial or criminal activity of the child (below 16 years
of age for boys and 18 years for girls) which violates the law. In true context, that same activity
would have been a crime if it was committed by the adult.

Juvenile delinquency is gateways to adult crime, since a large percentage of criminal careers
have their roots in childhood causing serious problems all over the world. Today, it has become
a topic of great concern and needs to be discussed at a serious note. The complexity grows as
we go into the statistical data of developed countries when compared to the still developing
ones. A total of 44284 crimes were committed by the juvenile offenders during 1978 which
showed an increase of 0.6% over 1977. It has been noted that theft and robbery add to a major
percentage of these crimes. Murder, rape, dacoity, burglary, kidnapping are a few more that
add to the rest of it. On the basis of the available statistics, an inference can be drawn that these
crimes are on the increasing path.
The term ‘juvenile’ has been defined in clause (h) of Section 2 of the Juvenile Justice Act,
1986. The term ‘delinquency’ has been defined in clause (e) of section 2 of the Juvenile Justice
Act, 1986.

CAUSES OF DELINQUENCY:-

The causes for juvenile crime are usually found at each level of the social structure, including
society as a whole, social institutions, social groups and organizations, and interpersonal
relations. Juvenile’s choice of delinquency is fostered by a wide range of factors, the most
important of which are described below.

Theoretical Causes:

 Rational Choice:

As per the behavioural study done on delinquent children by the psychologists, it suggests that
the child does any delinquent act because his mind tells him to do it. In other words he does
this because he wants to do it. These kinds of acts provide immense satisfaction to the offenders
and so they see nothing wrong in it.

 Social Disorganization:

As the joint family system is coming to an end a, new trend has evolved where in both the
parents are working and as a result children are left neglected and such isolation leads the
child’s involvement in wrongful acts.

 Bad Company:

One of the major reasons as to why children are entering into the worlds of crime is because of
their bad company. Children who are in bad company knowingly or unknowingly indulge in
criminal activities. It is this Bad Company which motivates them to commit crime.

 Labelling:

This is the theory of our society. Generally when we see someone or hear someone’s
involvement in a crime, we actually label him as a criminal. For example, calling someone a
failure may push him towards doing wrongful acts. Such terminology becomes identification
marks of these individuals and they thus rarely make an attempt to come out of it.

External Causes

 Atmosphere at home:

An individual may have certain problems within his home which may have led him to the
wrong society. Like treatment from step mothers, poverty, Effect of T.V or Internet or other
media. Such cases are mostly seen with children who do not have anyone to look after them
after they return from school or there is least or excess of discipline exercised on them by the
elders of the family.

 Neighbourhood:

Neighbourhood is that part of the society which may affect the acts of an individual at large. It
marks an individual’s ability to deal with Delinquency. If one finds gamblers, quarrelling
couples, drunkards around him, then this is all that he would fall into and finally end up as a
criminal.

 Guardian’s Behaviour:

Guardian here refers to parents, grandparents, relatives, teachers and any other caretaker that
the child may come across in his daily life. The behaviour of all of the above towards the child
should be ideal, at the same time they should understand the needs and problems of the child
to prevent him from indulging into crimes.

Problems in Administration of Justice

There are several problems which encountered in the effective administration of justice
regarding juvenile delinquency. First, Most of the States are yet to constitute juvenile courts to
cover all the districts as required under the Juvenile Justice Act, 2000. As a result, the powers
of such courts are being exercised by other authorities who may not have special knowledge of
child psychology and child welfare. Though this provision may be legally tenable, yet it may
run contrary to the spirit of law. The mandatory requirement of honorary social workers on the
panel of juvenile courts and efforts may be made that magistrates appointed on juvenile court
must have special knowledge of child psychology and child welfare as laid down under the
Act. Second problem area is the the approach of the agencies involved in the system are penal
not social and reformatory which is aganist the best interest of child theory.

Preventing juvenile Delinquency

It is widely believed that early-phase intervention represents the best approach to preventing
juvenile delinquency. Prevention requires individual, group and organizational efforts aimed
at keeping adolescents from breaking the law. Some focus on punitive prevention intended to
frighten potential offenders by making sure they understand the possibility of severe
punishment and also explaining them the negative aspects of an offence to a delinquent and
attempting to reconcile offenders and their victims. Through the economic sector, development
programmes with income generation opportunities, professional training and vocational
education are the areas which can help and prevent youth involvement in delinquent activities.
Involvement if NGOs and local community can also help in prevents juvenile gang
delinquency.

Suggestions
 Control of delinquency needs effective implementation of Juvenile Justice Act, with
full public awareness and proper orientation and training to professionals and law
enforcement agencies.
  Application of UN Rules for Juveniles Deprived of their Liberty (1990)
 Advocacy for various legal provisions provided for juveniles.
 A proper mechanism should be created to assess the needs and requirements of the
juveniles and it should be reviewed regularly.
 The approach of the agencies like police involved in the system may be more of
reformative character rather than pure penal. The objective may be to reform the
delinquents, rather than just to punish them.
 Government should put more emphasis of useful and attractive beneficial long-term
schemes for Juveniles so that they feel motivated to join main stream of the society and
regain their self-confidence, which is generally lost because of the callous attitude of
the society.
 State Governments and Union Territories administrations should encourage and
provide support to voluntary organization to start or modernize juvenile services
including community services.

JUVENILE JUSTICE (CARE AND PROTECTION OF

CHILDREN) ACT, 2000
The Act seeks to consolidate and modify the law relating to juveniles in conflict with the law
and children in need of care and protection, by providing for proper care, protection and
treatment by catering to their development needs, and by adopting a child-friendly approach in
the adjudication and disposition of matters in the best interest of children.

Adoption
Adoption means the process through which the adopted child is permanently separated from
his biological parents and become the legitimate child of adoptive parent with all right,
privileges and responsibility. Government has also constituted various agencies for adoption
and these agencies are duty bound to keep check on children who have been adopted. To
safeguard malpractices and deviations from prescribed guidelines for adoption notified by
Government of India, Supreme Court of India has appointed an independent Non
Governmental Organisations with experience in child adoption- ‘The Indian council of social
welfare’ with head quarters in Mumbai and branches in all States as scrutiny agencies.

Central Adoption Resource Authority CARA is another authority which has been setup to keep
check on the adoption policies. It is the National level body under Ministry of Women and
Child Development for all matters relating to adoption. Under section 41(5) of Juvenile Justice
(Care and Protection) Act 2000 another authority has been instituted for adoption of Juvenile
child. Under this section- “No child shall be offered for adoption –

 Until two members of committee declares the child legally free for placement in case
of abandoned child.
  Until two months period for reconsideration by the parents is over in case of
surrendered children.
 Without his consent in case of child who can understand and express his consent.
After fulfilling all these conditions only the child can be given for adoption.

Who Can Adopt A Child?

As per Hindu adoption and maintenance Act (HAMA) any Hindu male of sound mind may
adopt the child and if he is married his wife’s consent is necessary, likewise a Hindu female of
sound mind may also adopt a child if she is unmarried, divorced, widowed, or her husband
suffers from certain disabilities i.e. he has-
 Ceased to be a Hindu.
 Has renounced the world.
 Has been declared to be of unsound mind by a court.

Under Juvenile Justice (Care and Protection) Act 2000 a Board was constituted under section
41(6) of the Act for adoption of Juvenile child. According to which the board may allow a child
to be given in adoption –

 To a Single parent.
 To parents to adopt a child of same sex irrespective of the number of living biological
sons or daughters.

While the guardian and wards Act is for the Muslims, Christians, Parsis and Jews. As non
Hindus do not have an enabling law to adopt a child legally, the people belonging to these
religions who are desirous of adopting a child can only take the child in guardianship under
provision of GAWA 1890. Under this law, when a child turns 21 years of age they no longer
remain wards and assume individuals identity.

POLICE

The Act contemplates constitution of a special unit of the police force called 'Special Juvenile
Police Unit' (SJPU) to deal with juvenile in conflict with law. In every police station at least
one officer, specially instructed and trained, is required to be designated as 'Juvenile or Child
Welfare Officer' (JCWO) to deal with juvenile. Police is the first person with whom a juvenile
comes into contact in the juvenile justice system; thus he is required to have a child friendly
approach. Special care is to be taken not to treat the juvenile as a criminal.

RELEVANT STATUTORY PROVISIONS under Juvenile Justice (Care and Protection

of Children) Act, 2000

Section Content
2(w) - 'Special Juvenile Police Unit' (SJPU) defined.
10 - Steps to be taken on apprehension of juvenile by police.
13 - Information of arrest/apprehension of juvenile by police to parent,
guardian and Probation Officer.
22 - Provision in respect of escaped juvenile.
63 - Constitution of 'Special Juvenile Police Unit' to deal with juvenile.

Section 2(w) of the act defined Special Juvenile Police Unit as

"special juvenile police unit" means a unit of the police force of a State designated for
handling of juveniles or children under section 63;

ORGANISATION

1. An officer of the rank of not less than Inspector General of Police (IGP) to act as Nodal
Officer to coordinate and upgrade role of Police in issues pertaining to Juvenile. [Rule
84 (10)]
2. In every district and city there should be a 'Special Juvenile Police Unit' (SJPU) to
handle juvenile to be constituted within 4 months of the notification of the Rules i.e. by
26.2.2008. [Section 63(3) r/w Rule 84(1)]
3. Superintendent of Police of district to head SJPU and oversee its functioning. [Rule 84
(9)]
4. SJPU shall consist of Juvenile or Child Welfare Officer (JCWO) of the rank of Police
Inspector and two paid social workers one of whom shall be a woman. [Rule 84 (1)]
5. In every police station at least one officer, specially instructed and trained, to be
designated as the JCWO to deal with juvenile. [Section 63(2)(3) r/w Rule 84 (3)]
6. List of designated JCWO and members of SJPU with contact details to be prominently
displayed in every police station. [Rule 11 (4)]
7. SJPU to seek assistance from NGOs, Panchayat & Gram sabhas and Residents Welfare
Associations. [Rule 84 (7) (8)]
8. Central and State Government to monitor establishment and functioning of SJPU. [Rule
64(1)]

DUTIES & FUNCTIONS

A. APPREHENSION/ARREST
1. In case of petty offences (punishable with fine upto Rs.1000/- only), the police
may dispose off the case at the police station itself. [Rule 13(2) (d)]
2. In case of non serious offences (punishable with imprisonment upto 7 years)
juvenile can be apprehended only if it is "necessary in the interest of the
juvenile". [Rule 11(7)(9)]
3. In case of serious offence (punishable with imprisonment for more than 7 years)
juvenile can be apprehended. [Rule 11 (7)]

B. DUTIES UPON APPREHENSION

1. Upon apprehension of a juvenile, the police shall not:
i. Hand-cuff, chain or otherwise fetter the juvenile; [Rule 76]
ii. Send the juvenile to police lock up or jail; [Section 10(1) proviso r/w
Rule 11 (3)]
 Courts have even awarded monetary compensation where juvenile has
been kept in jail or police lock up.1
2. Upon apprehension of Juvenile the police shall:
i. Inform the designated JCWO of the nearest police station to take charge
of the juvenile and matter; [Section 10 (1) r/w Rule 11(1)(a)]
ii. Inform the parents/guardian about apprehension of the juvenile, address
of the Board and date and time of production; [Section 13 (a) r/w Rule
11 (1)(b)]
iii. Explain to the parents/guardian about the possible need of personal
bond/surety; [Section 50 (2) Cr.P.C.]
iv. Give copy of police report to the parents/guardian free of cost; [Section
50 (1) r/w section 50A (1) & 207 Cr.P.C]
v. Ask the parents/guardian to bring documents regarding age of juvenile;
vi. Inform the Probation Officer; [Section 13 (b) r/w Rule 11 (1)(c)]
vii. Record social background of the juvenile and circumstances of
apprehension in the case diary and forward to the Board; [Rule 11 (6)]
viii. Be responsible for the safety, food and basic amenities during the period
of apprehension; [Rule 11 (13)]
ix. Produce before the Board within 24 hours of apprehension; [Section 10
r/w Rule 11 (2)] and in case the Board is not sitting, the juvenile shall
be produced before a single member of the Board, who is empowered to
pass all orders except final disposal; [Sec. 5(2) r/w Rule 11 (10)]
x. Where juvenile is not released on bail, he shall be sent to Observation
Home; [Section 12(2)]

3. In case of apprehension apparently in the interest of juvenile, the police shall

make a report to the Board for transferring the child to the Child Welfare
Committee. [Rule 11 (8) r/w Rule 13 (1)(b)]
4. In case of non–serious offence, no FIR or charge–sheet is required. Police may
record the information regarding the alleged incident in General Diary. A social
background report, circumstances of apprehension and offence shall be
submitted to the Board before the first hearing. [Rule 11 (11)]

C. OTHER IMPORTANT ASPECTS

1. The police shall complete the investigation at the earliest having regard to the
requirement of the Act to complete the inquiry by the Board within 4 months.
[proviso to section 14 (1)]
2. The police shall attend the Board proceedings in plain clothes and shall not wear
police uniform except at the time of arrest. [Rule 75]
3. Every juvenile is entitled to be released on bail, except:
i. Release is likely to bring him into association with any known criminal,
or
ii. Expose him to moral, physical or psychological danger, or
iii. Release would defeat the ends of justice. [Section 12 (1)]

1
Master Salim Ikramuddin Ansari Vs. Officer-in-charge 2005 CriLJ 799, 2004 (4) MhLJ 725
MANU/MH/0517/2004 (Bombay); Master Rajeev Shankarlal Vs. Officer-in-charge 2003 CriLJ 4522
MANU/MH/0471/2003 (Bombay)
 4. In case of escape, police may trace the juvenile and send him back. No
proceeding for such escape can be initiated against the juvenile. [Section 22,
Rule 18(2)(a)]
5. SJPU to act as watch-dog against cruelty, abuse and exploitation of juvenile.
[Rule 84(5)]
6. Police to accompany the juvenile for restoring him back to the family. [Rule
65(4)]
7. Police Officer if found guilty of torturing a child, is liable to be removed from
service besides being prosecuted under section 23 of the Act. [Rule 84(11)].

JUVENILE JUSTICE BOARD

Juvenile Justice Board conducts the inquiry against juvenile who is alleged to have acted in
conflict with law. The procedure for dealing with juvenile is required to be child friendly and
rehabilitation oriented and not adversarial. The Board comprises of a judicial magistrate and
two social workers, whose powers are co-extensive with the magistrate. The inquiry is required
to be completed within 4 to 6 months and delay beyond this period leads to termination of
proceedings in non-serious offences.

I. RELEVANT STATUTORY PROVISIONS

A. Juvenile Justice (Care and Protection of Children) Act, 2000

Section Content
2(c) - 'Board' defined as Juvenile Justice Board (JJB).
4 - Constitution of Board in every District.
5 - Procedure regarding hearing by Board.
6 - Powers of Board
7 - Procedure to be followed by a Magistrate not empowered under the
Act.
7A - Procedure to be followed when claim of juvenility is raised before any
court.
10 - Production of juvenile before Board within 24 hours.
12 - Bail of Juvenile.
14 - Inquiry by Board to be completed in 4 months.
15 - Final order that may be passed by the Board.
16 - Order that may not be passed against juvenile
17 - Proceeding under Chapter VIII Cr. P.C. (Security for peace and good
behaviour) shall not be instituted against juvenile.
18 - No joint proceeding of juvenile with adult.
20 - Pending cases to be decided as per Act, even if the juvenile ceases to
be so on or before commencement of the Act.
46 - Board may require any parent or guardian to be present in the
proceeding.
47 - Board may dispense with attendance of juvenile.
48 - Transfer of Juvenile suffering from serious disease like leprosy,
hepatitis–B, tuberculosis etc. to approved places for treatment
etc.
49 - Presumption and determination of the Age.
50 - Sending a juvenile out side jurisdiction.
52 - Appeal to Court of Sessions
53 - Revision by High Court.
54 - Procedure for trial of summons case laid down in Cr.P.C. to apply
in inquiries, appeals and revisions.
55 - Power to amend orders as to the institution or fit person where juvenile
is to be kept and to correct clerical mistakes.
56 - Discharge or transfer of a juvenile from one Special Home to another.
58 - Transfer of juvenile of unsound mind or suffering from leprosy or
addicted to drugs to appropriate place for treatment.
59 - Release and absence of juvenile from Institution.
60 - Contribution by and payment to parents.
64 - Procedure in respect of juvenile undergoing sentence at
commencement of the Act
65 - Provisions of Chapter XXXIII Cr.P.C. regarding bonds to apply.

A. CONSTITUTION

2006 amendment to the Act mandates constitution of a Juvenile Justice Board in every District
latest by 22.8.2007. [Section 4]
A. Composition
Board to comprise of three members
 Principal Magistrate,
 Social worker, and
 Woman social worker. (Section 4(2) r/w Rule 5)

B. QUALIFICATION
1. Principal Magistrate Principal Magistrate must be a Metropolitan Magistrate or a
Judicial Magistrate of the first class having special knowledge or training in child
psychology and child welfare.[section 4(3) r/w Rule 5(3)]
2. Social worker
A Social worker
i. who has been actively involved in health, education, or welfare activities
pertaining to children for at least seven years;
ii. not less than 35 years of age;
iii. who has a post-graduate degree in social work, health, education, psychology,
child development or any other social science discipline;
iv. should not:
a. have been convicted under any law;
b. have indulged in child abuse or employment of child labour or any other
human rights violations or immoral act;
c. be holding such other occupation that does not allow him to give
necessary time and attention to the work of the Board;
v. selected by a Selection Committee headed by a retired High Court Judge.
[Section 4(3) r/w Rule 5(4), 7 and 91]

C. TENURE
 Three years
 Members of the Board can be appointed for a maximum of two consecutive
terms. [Rule 6]

D. TERMINATION
  Principal Magistrate being a judicial officer, service conditions are governed by
relevant State Judicial Service Rules
 Member of the Board – by the State Government, after holding inquiry, if—
1) He has been found guilty of misuse of power vested under this Act or
2) He has been convicted of an offence involving moral turpitude, and such
conviction has not been reversed or he has not been granted full pardon
in respect of such offence or
3) He fails to attend the proceedings of the Board for consecutive three
months without any valid reason or he fails to attend less than three-
fourth of the sittings in a year. [Section 4 (5)]

E. ALLOWANCES
 Principal Magistrate being a judicial officer, pay and allowances are governed
by relevant State Judicial Service Rules
 The social worker members of the Board shall be paid a minimum of Rs. 500/-
per sitting. [Rule 8]
F. SITTING
1. Premises
 Proceedings to be held in the premises of an Observation Home or in its
proximity.
 Not to be held within any court premises.
 The premises shall be child-friendly and shall not look like a court room.
 Board shall not sit on a raised platform.
 There shall be no witness box [Rule 9 (1) & (2)]

2. Meetings
 Board shall meet on all working days of a week, unless the case
pendency is less in a particular district and concerned authority issues
an order in this regard.
 A minimum of three-fourth attendance of the Chairperson and Members
of the Board is necessary in a year.
 Every member of the Board shall attend a minimum of five hours per
sitting. [Rule 9 (3) (4) & (5)]

G. INFRASTRUCTURE
Following infrastructure to be provided with constitution of Board
1. A Board Room,
2. Waiting room for children,
3. A room for Principal Magistrate and Members,
4. A record room,
5. Room for Probation Officers,
6. Waiting room for parents and visitors,
7. Safe drinking water facility and toilets,
8. Steno-typist or computer operator,
9. Peon,
10. Safai karamchari. [Rule 83]

OTHER SECTIONS
Sections 9 to 12 of the Juvenile Justice Act facilitate the Government to establish Juvenile
Homes, Special Homes, Observation Homes and After Care Organisations respectively for the
Juveniles.

For the betterment of the children the Juvenile Justice Act, 2000 has introduced Special Trial
Process.

Section 3: If an inquiry has been initiated against a juvenile and if during the course of which
he ceases to be a juvenile then the inquiry may be continued as if he had been a juvenile.

Section 4: The state Government can constitute one or more juvenile welfare boards for
discharging the duties conferred upon them in relation to the neglected juveniles under this
Act.

Section 5: the state Govt. to constitute one or more Juvenile courts for exercising the power
conferred upon such court in relation to delinquent juveniles under this Act.

Section 6: This section provides that a person appointed as a member of the Board or as a
Magistrate shall possess special knowledge of child psychology and child welfare.

Section 7: This section asks the Board or the Juvenile Court to hold its proceedings in a room
which is different from the ordinary setting if a civil or criminal court.

Section 29 : This section allows a guardian or parents who have a certain extend of control over
the child to be present at the court thus providing the child with the mental support that he
needs and destroying the feeling of loneliness that may engulf the child.

REHABILITATION/SOCIAL REINTEGRATION
The rehabilitation and social reintegration of a child shall begin during the stay of the child in
Special Home and it shall be carried out alternatively by (i) adoption, (ii) foster care, (iii)
sponsorship or (iv) sending the child to an After-Care Organisation. [Section 40 r/w Rule
32]

a. Adoption
1. The primary responsibility for providing care and protection to children shall be
that of his family and adoption shall be resorted to for the rehabilitation of the
children who are orphan, abandoned or surrendered. [Section 41 (1) & (2) r/w
Rule 33 (1)]
2. The State Government or Central Adoption Resource Agency (CARA) is
required to issue guidelines for adoption. [Section 41 (3) r/w Rule 33 (3)]
3. For the placement of children who are orphan, abandoned or surrendered the
State Government shall recognise one or more of its institutions or voluntary
organisations in each District as specialised adoption agencies. [Section 41 (4)]

b. Foster Care
 1. A child may be placed in foster care with a family for a short period so as to
reduce institutionalization of children and enable a nurturing family
environment for the child. [Section 42 r/w Rule 34]
2. The foster parents shall be declared to be “fit persons” within the meaning of
Section 2 (i) of the Act. [Rule 35 (3)]
3. The Board may order for carrying out foster care under the supervision of a
Probation Officer or case worker or social worker. [Rule 34 (1)]

c. Sponsorship
1. State Government shall prepare sponsorship programme for supplementary
support to families and to Special Homes to meet medical, nutritional,
educational and other needs of the children in consultation with the NGOs,
Child Welfare Committees, other Government agencies and Corporate Sector.
[Section 43 (1) r/w Rule 37 (1)]
2. The Board shall make an order in Form XVIII for support to a juvenile through
sponsorship and send a copy to the District or State CPU or the State
Government for appropriate action.[Rule 37 (5)]

d. After Care Programme

1. State Government shall set up an after care programme for rehabilitation and
social reintegration of juveniles after they leave special homes to enable them
to lead an honest, industrious and useful life. The objective is to facilitate their
transition from an institution based life to mainstream society for social re-
integration. [Sections 40 & 44 r/w Rule 38]
2. After care programme is made available to juvenile between 18-21 years of age,
who have no place to go to or are unable to support himself. The programme is
prepared by the District or State CPU in collaboration with voluntary
organizations. [Section 44 proviso r/w Rule 38(2)]
3. The Board may pass an order for placing a juvenile under an aftercare
programme in Form XIX, a copy of which is sent to the District and the State
CPU and the State Government, who are responsible for arranging after care.
[Rule 38(3)]
4. The key components of the aftercare programme include –
 community group housing on a temporary basis;
 encouragement to learn a vocation or gain employment and provide for
payment of stipend;
 encouragement to gradually sustain themselves;
 provision for a peer counsellor;
 payment of stipend during vocational training till the youth gets
employment.
 arrangement of loan to set up entrepreneurial activities; [Rule 38(6) to
(9)]

e. Linkages & Co-ordination

1. State Government, with the help of State or District CPU, shall –
 identify the role and responsibility of each department and inform them
through a notification;
 arrange for appropriate training and sensitization of functionaries of
these departments from time to time in coordination with National
 Institute of Public Cooperation and Child Development (NIPCCD) and
its Regional Centres; and
 develop effective networking and linkages with local nongovernmental
organisations for specialized services and technical assistance like
vocational training, education, health care, nutrition, mental health
intervention, drug de-addition and legal aid services. [Section 45 r/w
Rule 39]

2. State Government shall establish effective linkages between various government, non-
government, corporate and other community agencies for facilitating the rehabilitation
and social reintegration of juveniles. [Rule 39(1)]

CONCLUSION

Before claiming an amendment, we must think of those unfortunate juveniles who may have
committed certain offences in compelling circumstances. Also, though an amendment is
sought, there is no defined parameter to treat an offence as heinous or grave. Those demanding
a change must first seek to define the particular offences for which such amendment is sought.
Therefore, either extreme is not desirable. A delicate balance must be struck as per which most
juveniles, as a general rule, are required to be treated in a more humane manner, but in some
rarest of the rare cases of heinous and grievous offences deliberately committed by a juvenile,
he may be subjected to prosecution and punishment under the normal criminal laws of the
country. The response to juvenile crime has to be fair, age-appropriate and in keeping with
development psychology. Any amendment to existing law requires in-depth understanding of
the jurisprudence, philosophy and impact of the current law. Amending the law as a reaction
to the countywide outrage against one juvenile may not serve the purpose as it might affect
those other hundreds who are rightfully entitled to the juvenile justice system already prevailing
in the country. Thus, what we require is a balanced and thoughtful approach wherein the
juveniles who have the mental capacity to commit grave offences must be punished with
exemplary punishments, while those others committing petty offences and not possessing the
mental capacity to do so must be brought under the veil of juvenile justice system and efforts
must be made to rehabilitate them.