Juvenile Justice (Care and Protection of Children Act, 2000) (Practitioner's Series)

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Description
This book provides a clear overview of the Juvenile Justice system in India. It explains simply and concisely all the critical facets of this most important part of justice administration in the country:
•     The relevance of the Constitutional mandate;
•     The provisions of the Juvenile Justice (Care and Protection of Children)
       Act, 2000 as amended with salient features lucidly set out;
•     Comprehensive case law arranged section-wist1 with pertinent topical headings;
•     Relevant international covenants and the role of the United Nations in the
       development of JJ regime;
•     The history of the law in India and the reasons for the radical changes in it;
•     The significance of adoption for successful rehabilitation and reintegration
       into society of juveniles in need of care;
•     Supreme Court guidelines highlighted and examined.
This handy volume will prove indispensable to legal practitioners, trial judges, NGOs working on schemes for juveniles, child rights, activists. It will also be of interest to a wider readership including journalists and social scientists.
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Contents
Offences under the Juvenile Justice (Care and
Protection of Children) Act, 2000—At a Glance
Comparative Chart—2000 Act and 1986 Act       
Table of Cases
Introduction
Constitutional Commands for Child Welfare
International initiatives: Conventions and Instruments
History of Juvenile Justice Regime in India
   Call for Uniform Law
   Enactment of the 1986 Act and its Objects and
   Reasons
Enactment of the Act of 2000
   Act of 2000—A Benevolent Legislation
   Scheme of the Act of 2000
   Salient Features
Criminal Liability of Children under the Penal Code
Some of the Relevant Child Related Statutes
   1.  The Commissions for Protection of Child Rights Act, 2005
   2.  The Right of Children to Free and Compulsory Education Act, 2009
   3.  The Child Labour (Prohibition and Regulation) Act, 1986
   4.  The Prohibition of Child Marriage Act, 2006
   5.  The Protection of Children from Sexual Offences Act, 2012
The Juvenile Justice (Care And Protection Of Children) Act, 2000
Chapter I Preliminary
1.  Short title, extent, commencement and application
     Retrospective Operation
          Prior to the 2006 Amendment
          Consequence of the 2006 Amendment
2.   Definitions
      Secular Law of Adoption
      Significance of Poor Financial Condition of the Parents Per se not Relevant
      First Information Report Mandatory in Child Missing Cases
      Relevancy of Date of Commission of Offence in Determining Whether Offender is Juvenile
      Plea to Lower the Age Limit of the Juvenile
3.   Continuation of inquiry in respect of juvenile who has ceased to be a juvenile
Chapter II Juvenile In Conflict With Law
4.   Juvenile Justice Board
      Proceedings in Juvenile Justice Board Not to be Conducted in Legalistic Manner as in Trial
5.   Procedure, etc., in relation to Board
6.   Powers of Juvenile Justice Board
      Overriding Effect of the Act
      Court of Session is Competent to Exercise Powers of the Board
      Mere Opinion regarding Age without Inquiry is not 'Finding'
      Custody of Minor Girl who refuses to go with Parents
7.   Procedure to be followed by a Magistrate not empowered under the Act
      Magistrate to Forward Juveniles to the Competent Authority
      Child Victim Refusing to go with Parents is "Child in Need of Care and Protection"
      Claim of Juvenility to be ascertained before Trial
7A. Procedure to be followed when claim of juvenility is raised before any court
      Age Determination Inquiry
      Such Rules to Apply When State Government Frames Rules Concerning
      any Subject Matter under Section 68
      Prior to framing of Juvenile Justice Central Rules 2007
           Post the Framing of Juvenile Justice Central Rules 2007
           Rule 12 of the 2007 Central Rules—Complete Code for Age Determination Inquiry
           (1) Procedure of age determination 'inquiry' is different from 'trial'
           (2) Specific Procedure in Section? A and Rule 12 to be followed for Age Determination
           (3) Hierarchy of documents under Rule 12 and admission of medical evidence for Inquiry
           (4)  Court may give benefit of margin of one year
           (5)  'Finding' on following the prescribed procedure in Rule 12 is conclusive
           (6) Roving enquiry by Court not necessary
           (7) Duty of Court to obtain prescribed evidence
           Court's Duty to take into account Relevant Evidence
      When two Views are Possible Court should Lean toward Accepting Claim of Juvenility
      Penalty and Costs for Producing Forged Certificate
      Relevant Documents for Age Determination and Order of Preference
      Register of Births
      Kutumb Register or Parivar Register
      Date of Birth Entries in Voters list or Electoral roll—Not Conclusive Evidence
      Medical Evidence
      Medico-Legal Opinion not Incontrovertible— Margin of Error
      Discretion of Court under Rule 12(3)(b) to Grant or Refuse Benefit of Margin of Error
      Physical Appearance
      Application of Section 3 of the Indian Majority Act 1875 in Computation of Age
      Date of Reckoning Juvenility in Continuing Offences
      Difference in Criteria—Determination of Age of Person Claiming to be Juvenile and that of Prosecutrix
      Delay in Making the Claim of Juvenility
      Claim of Juvenility for the First Time before the Supreme Court
      Supreme Court Guidelines on Delayed Claim of Juvenility
      Determination of Juvenility A Jurisdictional Question—Burden of Proof Not on Accused
      Re-agitation of the Claim of Juvenility— Whether Permissible
      Supreme Court's Decision on Plea of Juvenility Cannot be interfered by Courts Below
      Allowing Claim of Juvenility after Conviction and Release from Prison
8.   Observation homes
9.   Special homes
10.  Apprehension of juvenile in conflict with law Compensation for Lodging the Juvenile in Jail
11.  Control of custodian over juvenile
12.  Bail of juvenile
      Criteria for Bail of a Juvenile
      Case Law—Bail Granted
      Case Law—Bail Denied
      Cases under Narcotic Drugs and Psychotropic Substances Act
           (1)  Cases under NDPS Act where bail is granted
           (2)  Cases under NDPS Act where Bail is Denied
           Anticipatory bail under Section 438 of the Code of Criminal Procedure and the Juvenile
13.   Information to parent, guardian or probation officer
14.   Inquiry by Board regarding juvenile
       Proceedings Against Juveniles—"Inquiry" and not "Trial"
15.   Order that may be passed regarding juvenile
        Reformatory aspects of Juvenile Justice System
            Community Service for Avoiding Jail Sentence Proportionality of Sentence
            Not Known to the Act
            Benefit of Set Off of Period of Detention Suffered Pending Inquiry
            Delay in Disposing Appeal—No Sentence Imposed
            Overriding Effect of the Act
16.   Order that may not be passed against juvenile Orders that may be passed against a juvenile
17.   Proceeding under Chapter VIII of the Code of Criminal Procedure not competent against juvenile
        Immunity from proceedings under Chapter VIII of the Code of Criminal Procedure
        juvenile shall be charged with or tried for any offence together with a person who is not a juvenile.
        Protection of Juvenile from trappings of the Adversarial Judicial System
19.   Removal of disqualification attaching to conviction
       Protection from Disqualification
20.   Special provision in respect of pending cases Special Provision with respect to pending cases
21.   Prohibition of publication of name, etc., of juvenile in conflict with law or child in
        need of care and protection involved in any proceeding under the Act
        Bar in Publishing Name and Other Particulars of Juvenile
22.    Provision in respect of escaped juvenile
23.    Punishment for cruelty to juvenile or child
24.    Employment of juvenile or child for begging
25.    Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to juvenile or child
        Constitutional and Statutory Prohibition of Child Labour
        Supreme Court on Rehabilitation of Children Employed in Circuses
        Employing Juvenile in Bakery per se is Not Offence
27.   Special offences
28.   Alternative punishment
Chapter III Child in Need of Care and Protection
29.   Child Welfare Committee
        Issue of Warrant by Committee
30.   Procedure, etc., in relation to Committee
31.   Powers of Committee
       Competent Authority to Deal with 'Children in Need of Care and Protection'
       Guidelines for Rehabilitation of Rescued Child Victims of Trafficking
32.   Production before committee
       Requirements of Report Submitted before Child Welfare Committee
       CHILDLINE India Foundation (GIF) and CHILDLIKE 1098 Service
33.  Inquiry
      Two Stages of Enquiry—Preliminary and Detailed
34.  Children's homes
       Registration of Children's Home
35.  Inspection
36.  Social auditing
37.  Shelter homes
38.  Transfer
39.  Restoration
       Restoration of Child to Parents—Duty of the Children's Institution and Child Welfare Committee
Chapter IV Rehabilitation and Social Reintegration
40.   Process of rehabilitation and social reintegration
41.   Adoption
       No Restriction when Adoptive Parents have Biological Child of Same Sex.
       Jurisdiction to Give Child in Adoption Vested with Court and not Board—2006 Amendment
       Secular Adoption
       Court Referred in Section is District Court and not Family Court
       Whether Right to Adopt and be Adopted Flows from Art. 21 of Constitution
       Adoption among Christians in India—Baptism not Synonymous to Adoption
       Supreme Court Guidelines for Inter-Country Adoption
       Central Adoption Resource Authority (CARA) and Guidelines for adoption
       In-Country Adoption and Indian Parents preferred over Foreign Nationals
42.  Foster care
43.  Sponsorship
44.  After-care organisation
45.  Linkages and co-ordination
Chapter V Miscellaneous
46.  Attendance of parent or guardian of juvenile or child
47.  Dispensing with attendance of juvenile or child
48.  Committal to approved place of juvenile or child suffering from dangerous
       diseases and his future disposal
       Death of Juvenile in Observation Home without Treatment—Compensation against Government
49.   Presumption and determination of age Determination of Age
       No Bar on Power of Higher Courts to Examine Correctness of Findings
       Recorded by Competent Authority
50.  Sending a juvenile or child outside jurisdiction
51.  Reports to be treated as confidential
52.  Appeals
      No Appeal against Order of Acquittal
      No Indefeasible Right to File Appeal on the Proportionality or Inadequacy of 'Sentence'
53.  Revision
       Complainant has Right of Hearing in Revision before Accused is Declared Juvenile
54.  Procedure in inquiries, appeals and revision proceedings
      Enquiry under section 33 does not Contemplate Procedure under CrPC
55.  Power to amend orders
56.  Power of competent authority to discharge and transfer juvenile or child
57.  Transfer between children's homes, under the Act, and juvenile homes, of like
      nature in different parts of India
58.  Transfer of juvenile or child as are mentally ill or addicted to alcohol or other drugs
59.  Release and absence of juvenile or child on placement
60.  Contribution by parents
61.  Fund
62.  Central, State, district and city advisory boards
62A. Constitution of Child Protection Unit responsible for
        implementation of the Act
63.  Special juvenile police unit
      Supreme Court Directives on Special Juvenile Police Unit
64.  Juvenile in conflict with law undergoing sentence at commencement of this Act
65.  Procedure in respect of bonds
66.  Delegation of powers
67.  Protection of action taken in good faith
68.  Power to make rules
      Application of Central Model Rules
      Primary Rule Making Authority under the Act— State Government
69.  Repeal and savings
70.  Power to remove difficulties
Appendices
1.  The Juvenile Justice (Care and Protection of Children) Rules, 2007
2.  Guidelines Governing the Adoption of Children, 2011
3.  The Right of Children to Free and Compulsory Education Act, 2009
4.  The Commissions for Protection of Child Rights Act, 2005
5.  The Protection of Children from Sexual Offences Act, 2012
6.  The Prohibition of Child Marriage Act, 2006
7.  The Child Labour (Prohibition and Regulation) Act, 1986
8.  National Charter for Children, 2003
9.  The National Policy for Children, 2013 Index
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Author Details
Nizam Azeez Sait is advocate, High Court of Kerala. He was formerly munsif magistrate, Kerala judicial service.
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