Who is a child

Under the Juvenile Justice Act of 2015, a child is defined as "a person who has not yet completed eighteen years of age". This description conforms to the globally accepted definition of a child provided by the United Nations Convention on the Rights of the Child, which states that a child means "every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier".

Imperative
The rise in underage crime among teenagers in recent years can be attributed to various factors, including difficult childhoods, poor socioeconomic conditions, insufficient education, and lack of parental oversight. It is alarming to observe the involvement of children as young as five or seven in criminal activities, considering their vulnerability. This trend is particularly concerning for India, which will have the world's largest youth population in the future.

In response to various challenges and international norms, India's legal system has undergone significant evolution. Initially instituted by the Juvenile Justice Act of 1986 and subsequently revised by the Juvenile Justice (Care and Protection) Act of 2000, and the Juvenile Justice Act of 2015, these statutes mirror the continuous shifts in society and law. The 2015 Act, prompted by the 2012 Nirbhaya gang rape incident involving an accused just shy of 17, brought about substantial amendments.

Juvenile justice act, 2015
Among other ideals, the Juvenile Justice Act of 2015 supports the presumption of innocence, civility, and non-discrimination. Eliminating the negative connotations associated with the term "juvenile," updating definitions for different offenses, making the roles of the Juvenile Justice Board and Child Welfare Committee more clear , and enacting stricter laws for serious crimes committed by older juvenile offenders are all noteworthy aspects. The Act also outlines adoption procedures and the registration requirements for child care centres. The most notable change is the clause allowing juveniles between the ages of 16 and 18 to be tried as adults for serious crimes.

Key Provisions Of Juvenile Justice Act, 2015
Throughout the Act, the term "juvenile" has been changed with "child" or "child in conflict with law" to remove any adverse connotations.

Defined timeframes for JJB's investigations; clarity on the responsibilities, powers, and authority of the Child Welfare Committee (CWC) and the Juvenile Justice Board (JJB); The Act mandates the creation of Juvenile Justice Boards and Child Welfare Committees in every district. There must be a minimum of one female participant in each.

Special Provisions For Heinous Offences Committed By Children Above The Age Of Sixteen Years Section 15 allows the Juvenile Justice Board to transfer cases of 16-18-year-olds committing heinous crimes to a Children's Court after a preliminary assessment. These children can be placed in a 'place of safety' until age 21, after which the Children's Court will evaluate them for probation or incarceration. This measure aims to deter serious offenses and protect victims' rights.

New Offenses Against Minors Being Included, The Act expands the scope of various previously inadequately covered acts against children, such as kidnapping and abduction, unlawful adoption, physical punishment in child care facilities, the use of children by extremist organizations, and offenses against disabled children.

A Distinct New Chapter On Adoption To Expedite The Adoption Of Children Who Have Been Abandoned, Surrendered, Or Are Orphans, to streamline adoption, the Central Adoption Resource Authority (CARA) is now a statutory body, enhancing its effectiveness. Chapter VIII details adoption procedures and penalties for non-compliance, with set timelines for in-country and inter-country adoptions. Single and divorced individuals can adopt, but single males cannot adopt girls.

Mandatory Registration Of Child Care Institutions, all child care institutions, whether state-run or operated by NGOs, must be registered under the Act within six months of its commencement, regardless of government funding. The law imposes strict penalties for non-compliance. Several rehabilitation and social reintegration measures are provided for children in conflict with the law and those in need of care and protection. Under institutional care, children receive services such as education, health, nutrition, de-addiction, disease treatment, vocational training, skill development, life skills education, and counselling to help them take on a constructive role in society. Non-institutional options include sponsorship, foster care, and group foster care, placing children in approved family environments outside their biological families.

Juvenile Justice Boards (JJBs):
Composition
Section 4(2) of the act defines the constitution of board.

The bench comprises of:

1. The Principal Magistrate in this case is the Metropolitan Magistrate or Judicial Magistrate First Class, [not the Chief Metropolitan Magistrate or Chief Judicial Magistrate].
   Three years of experience are required.
    
2. Two social workers, one of whom is a female-Skills Needed Participation in health, education, or child welfare activities for seven years; or-A working professional holding a degree in sociology, psychology, child psychology, or law

Functions
The Act establishes JJBs in each district to handle cases involving juveniles. Each juvenile case must be evaluated by JJBs to determine the best course of action. The Board may issue an order directing the juvenile to be sent to a special home [Section 15(g)], allow the juvenile to return home after receiving advice and admonition [Section 15(1)(a)], direct the juvenile to engage in group counselling [Section 15(b)], assign the juvenile to perform community service [Section 15(c)], order the parent or the juvenile himself, if he is over 14 and earns money, to pay a fine [Section 15(d)], direct the juvenile to be released on probation of good behaviour and placed under supervision [Section 15(e)], and make an order, directing the juvenile to be placed under care [Section 15(1)].

Issues:
The problem with the Juvenile Justice Board's broad authority to "release" minors is that it conflicts with the statute's objectives of education, training, and rehabilitation. Examples of such alternatives include home release following counselling, community service, fines, probation, or placement in special homes. This lax discretion may result in shorter stays in special homes, depriving kids of the assistance they need to turn their lives around. Furthermore, the change in age for male adolescents from 16 to 18 is problematic because the Indian Penal Code of 1860 considers older children—especially those above 12—to be capable of comprehending the consequences of their acts. This implies that they ought to answer for their actions, particularly when a boy older than 13 has the mental and physical capacity to conduct grave crimes.

Conclusion
The new legislation shifts towards reformative justice, recognizing that children need special care rather than harsh treatment. The Juvenile Justice Act, 2015, aims to integrate children in conflict with the law back into society as productive members. It updates the Juvenile Justice Act, 2000, by strengthening provisions for both children in need of care and those in conflict with the law, improving the Juvenile Justice Board's and Child Welfare Committee's functions, and enhancing processes related to inter-country adoption and aftercare. This legislation must be interpreted to benefit the intended groups.

However, despite these efforts, juvenile crime rates in India remain high, and current laws do not effectively deter such behaviour. The Act's differential treatment may undermine its purpose and contribute to the social stigmatization of vulnerable children, impeding its legislative intent.