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Juvenile Justice Act

By /

Context

  • The Supreme Court has attempted to plug significant gaps in the Juvenile Justice (Care and Protection of Children) Act ( JJA), 2015.

Background

  • The SC was dealing with an appeal in a criminal case involving charges of rape and wrongful confinement under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO).
  • The case in question revolved around an appeal against the Children’s Court’s decision to treat the appellant as an adult rather than a “child in conflict with law” — a term used when a minor is accused of an offense.
  • A Session Court deals with ordinary criminal offenses, while a Children’s Court is a specialized court that deals with heinous offenses involving minors.

Juvenile Justice Act, 2015

  • It was introduced and passed in Parliament in 2015 to replace the Juvenile Delinquency Law and the Juvenile Justice (Care and Protection of Children Act) 2000.
  • The Act seeks to achieve the objectives of the United Nations Convention on the Rights of Children as ratified by India on December 11, 1992.
  • It allows the trial of juveniles in conflict with the law in the age group of 16-18 years as adults, in cases where the crimes were to be determined.

Procedures for handling legal violations by minors

  • The JJA outlines procedures for handling legal violations by minors, managed by the Juvenile Justice Board ( JJB), which also fulfills various socio-legal roles.
  • According to the JJA, a minor who encounters the criminal justice system due to an alleged offense is identified as a “child in conflict with law”.
  • In such cases, the case is presented before the JJB.
  • The JJB is endowed with the authority to adjudicate matters concerning minors, ensure they have access to legal representation, and oversee the conditions of juvenile residential establishments.
  • Should the board conclude that the minor should face trial as an adult, it will issue an order to that effect, which is subsequently forwarded to the Children’s Court for a final decision.

Supreme Court Judgement

  • The Supreme Court ruled that an appeal against the JJB order should be filed within 30 days and also made it mandatory for the board to mention details, such as reasons for adjourning the hearing in a case in its orders.
  • The court also addressed the interchangeable use of “Children’s Court” and “Court of Sessions” within the Act, noting the frequent absence of a clear appellate process.
  • If the Children’s Court is available, even if the appeal is said to be maintainable before the Sessions Court, it has to be considered by the Children’s Court. Page No.:- 19 Current Affairs –June, 2024
  • Whereas, where no Children’s Court is available, the power is to be exercised by the Sessions Court.
  • This ensures that minors have the opportunity to appeal decisions in situations where the alternate court was not previously specified.