The Juvenile Justice (Care and Protection of Children) Amendment Act 2006 and Rules, 2007

1. The Juvenile Justice (Care and Protection of Children) Amendment Act 2006 and Rules, 2007 Prepared by CPRC2012

2. The Juvenile Justice (Care and Protection of Children) Act, 2006 • Act was again amended in 2006 and referred to as the Principle Act • The Ministry of Women and Child Development on 26th October, 2007 notified the Model Rules under the JJ Act 2000 and Amended Act 2006.

3. Salient Features • Primary law for children in India • It defines a juvenile/child as a person below the age of 18 years • Rehabilitation and social reintegration are the primary aims of the Act.

4. Salient Features • It deals specifically with Juvenile-in-conflict-with-law and Children- in-need-of-care-and-protection. • Juvenile in conflict with law is a child who is alleged to have committed an offence • Children in need of care and protection are children

5. Salient Features • Juvenile Justice Board has replaced Juvenile Courts • Child Welfare Committee has replaced the existing Juvenile Welfare Boards • Special provision for placing a juvenile in conflict with law under the charge of special juvenile police unit (SJPU)

6. Salient Features • To create a separate system of justice –dispensation • Distinct from criminal justice system for adults • Effective involvement of informal social arrangements – family, community and Vos • Child friendly juvenile justice system

7. THE TOUCH STONE • 1.SERVING TO THE BEST INTEREST OF THE CHILD • 2. IN THE MOST CHILD FRIENDLY MANNER

8. Juvenile in conflict with law is a child who is alleged to have committed an offence and should be produced before Juvenile Justice Board (JJB)Children in need of care and protection are children who are:NeglectedOrphanedAbusedAbandonedVictims of any arm conflict or natural calamityand should be produced before Child Welfare Committee (CWC)

9. PRODUCTION BEFORE CWC : A Child in need of care and protection may be produced before the Child Welfare Committee by Any Police officer Any Public servant CHILDLINE Any voluntary organisation or agency recognized by state Government Any social worker or public spirited citizen authorized by state Government The child himself. . Any individual

10. CATEGORIES OF CHILDREN • a) Child in need of care and protection means a child • who is- • Homeless • Having incapacitate parent • Abandoned, missing or run away • Victim of natural calamities • Victim of armed conflict Victim of civil commotion • Victim of sexual abuse • Mentally or physically challenged • Mentally or physically ill • Suffering with terminal diseases AIDS/HIV affected • Drug abused or trafficked • (b) Juvenile in conflict is a juvenile who is alleged to have committed an offence. This category also includes child victims of crime

11. Children Child in need of care and protection Child in conflict with law To be produced before For temporary reception To be produced before Juvenile Justice Board To enable the child to lead an honest, industrious and useful life. Child Welfare Committee Observation Home Rehabilitation of Juvenile in conflict with law Temporary reception and speedy enquiry Can release on probation Children’s Home REHABILITATION After Care Organization Special Home

12. SJPU JPWO S-10 Children in conflict with law Children in need of care & protection Shelter Home S-37 Observation Home S-8 Special Home S - 9 Children Home S--34 After Care Home S-44 Social Reintegration/Rehabilitation

13. Juvenile Justice Board (Composition) Principal Magistrate Members Social Workers(2) • QUALIFICATION • Judicial magistrate -1st Class • Special knowledge or training • In child psychology & child • welfare • QUALIFICATION • Atleast one to be a woman. • Post graduate degree in social work, • Health education, psychology, child • development or any other social science • discipline • 7 Years experience in health, education • or welfare activities pertaining to children • Not less than 35 Years of age • Not Holding any other occupation • Selected by Selection Committee

14. Child Welfare Committee (Composition) Chairperson Members (4) QUALIFICATION Post graduate degree in Social Work, Psychology, Child Dev., Education, Sociology, law, Criminology • QUALIFICATION • Post graduate degree in social work, • Health education, psychology, child • development or any other • social science discipline • * Not less than 35 Years of age • * 5 yrs experience • Selected by Selection Committee • In case of N.A. a person with at least a • graduate degree in any of • the social science disciplines

15. Age Determination Relevant Date of juvenility Prima facie opinion Conclusive Inquiry Documentary Evidence - School certificate or - Municipal or Panchayat certificate Less than 18 years on date of offence Physical appearance or documents, if any Medical Evidence In the absence of above documents (benefit on lower side within margin of 1 year) Determination in 30 days

16. INSTITUTIONS Homes Juvenile in conflict with law Child in need of care & protection Observation Home Children Home Special Home Shelter Home Aftercare Homes

17. Thank You……………