The Juvenile Justice Bill, 2015

What is the bill on?

• The Bill replaces the Juvenile Justice (Care and Protection of Children) Act, 2000. 
• It addresses children in conflict with the law.
• It also has provisions for children in need of care and protection.

What are the key provisions?

• Trial - The three types of offences defined by the Bill are:
  1. heinous offence - that attracts a minimum penalty of 7 years imprisonment under any existing law
  2. serious offence - that gets imprisonment between 3 to 7 years
  3. petty offence - penalized with up to 3 years imprisonment
• Juveniles between the ages of 16-18 years will be tried as adults for heinous offences.
• Any 16-18 year old, who commits a lesser, i.e., serious offence, may be tried as an adult.
• But this is only if he/she is detained after the age of 21 years.
• Juvenile Justice Boards (JJB) and Child Welfare Committees (CWC) will be constituted in each district.
• JJB - The JJB will assess the child’s mental and physical capacity, ability to understand consequences of the offence, etc.
• This is to determine whether a juvenile offender is to be sent for rehabilitation or be tried as an adult.
• Based on this assessment, a Children’s Court will decide further.
• CWC - The Bill addresses children in need of care and protection.  
• If an orphaned, abandoned or surrendered child is found, he/she is brought before a Child Welfare Committee within 24 hours. 
• A social investigation report is conducted for the child.
• The Committee will decide to either send the child to a children’s home or any other facility it deems fit.
• Adoption - CWC can also declare the child to be free for adoption or foster care. 
• The Bill outlines the eligibility criteria for prospective parents.
•  It also details procedures for adoption, and introduces a provision for inter-country adoption.
• Besides, penalties for the following have been prescribed:

1. cruelty against a child
2. offering a narcotic substance to a child
3. abduction or selling a child

What are the concerns?

• Deterrence - There are differing views on whether juveniles should be tried as adults. 
• It may not act as a deterrent for juveniles committing heinous crimes.  
• On the other hand, a reformative approach will reduce the likelihood of repeating offences.
• Constitution - The provision of trying a juvenile as an adult based on date of apprehension could violate Article 14, Article 21.
• It also counters the spirit of Article 20(1) by according a higher penalty for the same offence, if the person is apprehended after 21 years of age.
• UN provisions -Under the UN Convention on the Rights of the Child every child under the age of 18 years should be treated as equal.
• The provision of trying a juvenile as an adult thus contravenes the UN Convention.
• Discrepancy - Some penalties provided in the Bill are not in proportion to the gravity of the offence. 
• E.g. the penalty for selling a child is lower than that for offering intoxicating or psychotropic substances to a child.
• Standing Committee - The Standing Committee examining the Bill observed that it was based on misleading NCRB data.
• This is because the data was based on FIRs and not actual convictions, regarding juvenile crimes.
• It said that the approach towards juvenile offenders should be reformative and rehabilitative.
• It also observed that the Bill violates some constitutional provisions.
• These have been addressed by deletion of the relevant clause, at the time of passing the Bill in Lok Sabha.

What are the shortfalls with the earlier Act?

• The existing Juvenile Justice Act, 2000 was facing implementation issues and procedural delays with regard to adoption, etc. 
• The National Crime Records Bureau (NCRB) data suggests an increase in crimes committed by juveniles.
• This is particularly in reference with those in the 16-18 years age group.
• The percentage of juvenile crimes (in proportion to total crimes) has increased from 1% in 2003 to 1.2% in 2013. 
• Notably, the 16-18 year olds accused of crimes as a percentage of all juveniles accused of crimes increased from 54% to 66%. 
• Under the 2000 Act, any child in conflict with law may spend a maximum of 3 years in institutional care (special home, etc.).
• The child cannot be given any penalty higher than 3 years, nor be tried as an adult and be sent to an adult jail. 
• This is regardless of the type of offence committed.

Quick Fact

Juvenile

• In the Indian context, a juvenile or child is any person who is below the age of 18 years.
• However, the Indian Penal Code specifies that a child cannot be charged for any crime until he/she has attained 7 years of age.