Indian Parliamentary Research Service Legislative Summaries

The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2005 was introduced in the Lok Sabha on August 29, 2005 to amend the Juvenile Justice (Care and Protection of Children) Act, 2000 (Principal Act). The Standing Committee on Social Justice and Empowerment (Chairperson: Smt Sumitra Mahajan) submitted its report on December 12, 2005.

The Principal Act aimed to provide a juvenile justice system for children in conflict with the law and needing care and protection. Certain provisions of the Act were challenged in court which highlighted the need for amendments to the existing Act.

This Bill seeks to modify the Principal Act in order to offer a wider scope of rehabilitation for the child through not only institutional but also non-institutional approach. Therefore, the words “through various institutions established under this enactment” have been removed from the Preamble of the Principal Act.

The Bill clarifies that the Act would be applicable for all cases involving detention or criminal prosecution of juveniles under any other law.

The Bill amends the definition of “juvenile in conflict with law” to make it more explicit that the relevant date for a person to be considered a juvenile would be the date on which the alleged offence was committed. According to the Bill, the person should not have completed 18 years to be considered as a juvenile. The Bill also lays down the procedure to be followed in case a person claims to be a juvenile in a court.

The phrase “local authority” has been removed from the Bill. It excludes them from authorizing the discharge or transfer of a child in need of care and protection or a juvenile from a children’s home or for sending a juvenile in conflict with the law to a special home or a fit institution. The authority to discharge or transfer a child rests solely with the State Government.

The Bill lays down a maximum time period of 24 hours within which a juvenile should be produced before the Juvenile Justice Board, which is empowered to deal exclusively with all proceedings relating to a juvenile in conflict with the law. The 24-hour period excludes the time necessary for the journey from the place where the juvenile was caught. The same provision applies in case of a child to be produced before the Child Welfare Committee, which has the authority to dispose of cases concerning the care, protection and rehabilitation of children.

There is a provision to allow a fit institution to take charge of a juvenile in conflict with the law as an additional alternative to detention in an observation home. A fit institution is defined as a governmental, registered non-governmental or a voluntary organization, which is prepared to own responsibility of a child and is authorised by a competent authority.

The Bill excludes any police officer from the inquiry process. It states that the Child Welfare Committee would conduct an inquiry in the prescribed manner. If the child has no family or other means of support he can remain in a children’s home (established by the state government) till he is rehabilitated or attains the age of 18 years.

Along with single parent and parents with biological children, the Bill seeks to extend the scope of adoption to childless parents. It, however, restricts the adoption of children to Indian citizens only.

The Bill adds a provision stating that a juvenile can be confined in a special home for a maximum period of three years or until he ceases to be a juvenile.

The Bill prohibits any newspaper, magazine or visual media from publishing the name, address and other particulars of a juvenile in conflict with the law as well as a child in need of care and protection. Any person contravening this clause is liable to a penalty extending to Rs 1,000.

The Central Government is empowered to frame model rules in cases where States or Union Territories have not framed their own rules. These rules shall apply to the states/UTs till they frame their own rules.