JJ Act Project

JUVENILE JUSTICE ACT 2015
REHABILITATION OF CHILDREN IN CONFLICT WITH

THE LAW
POSSIBILITIES AND OPPORTUNITIES
INDEX
SR. NO. DATE SUBJECT PAGE NO. SIGN
JUVENILE JUSTICE (CARE AND
PROTECTION OF CHILDREN) ACT, 2015
INTRODUCTION
It has been recognized that children and young adults are a major human resource
for development and key agents for collective social change. But it is only possible when
they are involved to participate in the meaningful dialogues on issues that concern them
the most. There is a need to strengthen family, school, and community- their structures
and the value systems as these provide an inclusive attitude and become role models for
children. There is also a need to initiate collective action to address their problem and
empower them, motivate them thereby provide them a road map for self development so
that none fall off the social security net.
India has a strong legal framework cannot be denied and the JJ rules 2016 notified
by the Ministry provide a robust mechanism for implementing the provisions of the Act,
including - “idea of Individual care plan and follow up is more emphatic in these Rules as
well as at almost every place. As Shri Anath Asthana says “If required infrastructure, as
expected in the Act and Rules is available, functionaries will be able to devise appropriate
measures based on Act and Rules.
And this I am speaking from my own experiences. Once oriented and
interested Judicial Officers and professional social workers are in place in
JJBs, our probation services is robust and well equipped with human as well as
other required resources , we will be able to progress a great deal in our
mission of securing rehabilitation of children in conflict with law”.
However, while addressing the issue or problems faced by children in our
country, a category of children that are almost always overlooked are the
‘Children in Conflict with the Law’. Many believe that ‘these children get what
they deserve’ and want to do little about the treatment meted out to them. It
must be realized that a child, given his/her relative immaturity, does not quite
often understand the consequences of his/her actions and is extremely
susceptible to his/her surroundings. Even to such children we cannot allow
deficit of hope and loss of dignity to destroy their childhood.
The minimum age of criminal responsibility is the age at which children may be
prosecuted in the criminal justice system. The average minimum age of criminal
responsibility worldwide is 12 years. However it is 10 years in England and Wales, 18 years
in Brazil, 7 years in India, 16 years in Kazakhstan. Moreover, it shifts abruptly down to 14
years for crimes classified as serious, such as terrorism, murder, rape and kidnapping. In
other countries, the minimum age of criminal responsibility depends upon the relative
maturity of the child within certain defined ages.
“Children in conflict with the law (CCL) are called by many names: criminal, thief,
murderer, rapist. When people look at them, if they look at all, all they see are the faces of
young criminals - fierce, vicious, and rough. When people speak of them, their voices are
often full of contempt, scorn and even condemnation. These children are given names that
speak only of their crimes and not of their intrinsic humanity. Society often wishes to be rid
of such useless, hopeless creatures thinking that these children will always lead a life of
crime throughout their lives.
What many do not know, or do not care to know, is that these wicked faces are,
sadly, often only masks— masks that children have put on themselves to hide their
pain, anger, and fear, or masks that we, in our indifference and even revulsion, have
actually put on them. Because we mistake their masks for their faces, we forget who
these children are. We forget that they are children, who have much to learn, much to
do, and much to hope for. In believing the masks to be real, we undermine children’s
capacity for growth and change.”
In fact, reform and rehabilitation and not punishment are the guiding principle of
the Juvenile Justice (Care and Protection of Children) Act, 2015. The Act provides
that children in conflict with law and children in need of care and protection are to be
catered for their basic needs through proper care, protection, development, treatment,
social reintegration, by adopting a child-friendly approach in the adjudication and
disposal of matters in the best interest of children and for their rehabilitation.
The slowly changing perspectives have led to the emergence of an alternative
justice system for children. However, while drawing an alternative system for
juveniles, both the interests of the child and the interests of the society must be
borne in mind. While children are protected from the baneful effects of prisons, the
victims of their offences have found no solace from juvenile justice system. The
victims feel that children are let off easily even when they commit a serious
offence or repeat offences. So while on one hand an alternative system for
juveniles must champion minimum intervention by law and minimum
institutionalization, on the other it must make sure that the rehabilitation process is
strong enough to prevent them from coming into conflict with law again.
The idea behind rehabilitation is that people are not born criminals, thus
should be given a chance to be restored back into the society. It also prevents them
from becoming recidivists. Rather than punishing them as a criminal, rehabilitation
seeks, by means of education or therapy, to make the juvenile in conflict with law a
healthy citizen of the society.
“THE IMPORTANCE OF FAMILY AND INTER PERSONAL
RELATIONSHIPS HAS TO BE TAUGHT BY THE PARENTS TO
CHILDREN. AT A CERTAIN LEVEL IN OUR CAREER WE FEEL THAT
THERE ARE CERTAIN THINGS THAT ARE NOT LETTING US GROW
SUCH AS FAMILY TIES, CULTURE, FRIENDS ETC. AND ONE WANTS
TO BE FREE FROM THEM. HOWEVER THESE ARE THINGS THAT
HELP US STAY STABLE AT HIGHER HEIGHTS. IF WE TRY TO BREAK
THESE TIES OUR CONDITION IS LIKE A KITE GOING HIGHER BUT
FALLS DOWN THE MOMENT THE STRINGS ARE SEVERED. “
RELATIONSHIPS HELP US STAY STABLE WHILE WE ARE FLYING

HIGH…!!!
RIGHTS OF THE CHILD CONFLICT WITH LAW:
The process of Rehabilitation shall also secure the Rights of the child in
conflict with law:
Every child in conflict with the law shall have the following rights, including
but not limited to:
1. Humane treatment
2. No corporal punishment
3. Separation from adult criminals, if detained
4. Assess to legal assistance
5. Bail and release on recognizance
6. Privacy
7. Diversion, if qualified
8. Proportionate judgement
9. Restrictions on liberty kept to a desirable minimum
10.Automatic suspension of sentence
11.Probation, if qualified
12.Confidentiality of proceeding
13.Right against discrimination
14.Constitutional rights.
7. Diversion, if qualified
8. Proportionate judgement
9. Restrictions on liberty kept to a desirable minimum
10.Automatic suspension of sentence
11.Probation, if qualified
12.Confidentiality of proceeding
13.Right against discrimination
14.Constitutional rights.

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JUVENILE JUSTICE ACT 2015

REHABILITATION OF CHILDREN IN CONFLICT WITH

RELATIONSHIPS HELP US STAY STABLE WHILE WE ARE FLYING

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