The Juvenile Justice Act came into force on January 15, 2016 replacing The Juvenile Justice (Care and Protection of Children) Act, 2000. The Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the Act) was enacted to consolidate and amend the law pertaining to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration.

By adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established under this act. In accordance with established principles enshrined in The Convention on the Rights of the Child, adopted by the General Assembly of United Nations, to which the Government of India acceded back in 1992.

Background and Evolution of the act.
The first law to be enacted in India for juveniles dates back to 1850 namely, The Apprentice Act which allowed the courts to treat children, guilty of petty crimes as apprentice instead of prisoners.

Recommendations were made with regard to children in conflict with law for the very first time by the Indian Jails Committee in 1919-20. Six decades later, first central law on juvenile justice, namely the Juvenile Justice Act,1986 came into force, providing for a uniform law considered in many ways a landmark in signifying changes in the thought process of lawmakers.

It was later repealed by the Juvenile Justice (care and protection)Act,2000. Further as per Section 27 of CrPC, any offence committed by a person who is below the age of 16 whose punishment does not include death or imprisonment will be dealt with the law which provides treatment, training, imparting good social values and rehabilitation of convicted minors. This is to be read along with Section 82 of IPC, "Nothing is an offence which is done by a child under seven years of age." And, Section 83 of IPC clearly states that "Nothing is an offence which is done by a child who is above seven years of age and under the age of 12 who has not attained sufficient maturity to understand the consequences of their actions.

The current act came into force by amending and consolidating the existing law dealing with children in conflict with law due to procedural delays in adoption and implement issues. In the wake of the infamous Nirbhaya Rape Case 2012 wherein one of the accused was a juvenile who despite being guilty of a heinous rape and murder, was sentenced to three years in a reformation home as per the provisions of the now repealed act, the same being upheld by the apex court.

This led to widespread protests and was seen as a failure of the judicial mechanism. Moreover, it is noteworthy that there was no distinction between "children in conflict with the law" and "children in need of care and protection" in the 2000 act.

Further in light of the report and the figures cited by the government from the National Crime Records Bureau that showed a hike in the number of juveniles committing crime. Also relying upon recommendations of the Justice Verma committee report, 2013. The previous act did not even have provisions for the reporting of lost children or the abandon ones to the appropriate authorities to ensure their care and protection.

Salient features of the Act:

• To address the problems of existing laws, delays in adoption processes, the high number of pending cases, and accountability of institutions.
• Establishes specialized institutions and mechanisms for the care, protection, treatment, and rehabilitation of children in need of care and protection or who come in conflict with the law by establishing the Child Welfare Committees.
• It provides for the development and rehabilitation of children in need of care and protection.
• Prevent juveniles from becoming habitual offenders by facilitating their rehabilitation and social reintegration.
• The legislation strives to achieve a balance between child rights and justice by not sentencing juveniles to the death sentence and life imprisonment but provides to treat juveniles 16-18 years of age as adults if guilty of heinous crimes, providing elaborate definitions for petty, serious, and heinous crimes by children.
• Enables social acceptance and overcomes the social stigma; it changed the nomenclature of 'juvenile' to 'child' and 'child in conflict with the law'.
• The Child Protection Committee now investigates any child produced before it, whether orphan or delivered according to the procedures of the act.
• It increases the scope and applicability by defining and including surrendered, orphaned, and abandoned children. The act shall apply to all issues concerning a child's needs including confinement, anxiety, arraignment, and social reintegration.
• It has a child-cordial approach in the mediation of issues thereby enabling the progressive growth of the child and their restoration through this act.

Notable changes in the new Act:

1. No child shall be subjected to disqualification or elimination in jobs or education for being guilty of crime.
2. The time for evaluation assessment period of convicted child has now been increased from one month to a quarter of year that is three months.
3. In case of juveniles aged 16 to 18 years, guilty of brutal crimes shall have the trial and legal proceedings same as that of an adult.
4. The guilty records shall be discarded after the completion of appeal, except in case of heinous crimes.
5. In case of inter-state adoption, priority shall be given to disabled children.
6. The rethink period in matters of adoption has now been increased from one month to three months.
7. Children found in inevitable situations are not to be considered as wilfully given up by the biological parents.
8. Provides for training of special juvenile units in the police force.
9. Experienced psychologists and medical experts must be consulted when orders are passed against the child.
10. The observation period for left-alone children under observation in childcare facilities has been increased from 30 days to 60 days.
11. The implementation, exposure, and investigation in matters pertaining to this act shall be done by the National Commission for Protection of Child Rights and SCPCR.

Important Definitions:

1. Abandoned child means a child deserted by his biological or adoptive parents or guardians, who has been declared as abandoned by the Committee after due inquiry.
2. Adoption means the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child.
3. Aftercare means making provision of support, financial or otherwise, to persons, who have completed the age of eighteen years but have not completed the age of twenty-one years, and have left any institutional care to join the mainstream of the society.
4. Best interest of child means the basis for any decision taken regarding the child, to ensure fulfilment of his basic rights and needs, identity, social well-being and physical, emotional and intellectual development.
5. Children's Court means a court established under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006) or a Special Court under the Protection of Children from Sexual Offences Act, 2012 (32 of 2012), wherever existing and where such courts have not been designated, the Court of Sessions having jurisdiction to try offences under the Act.
6. Foster care means placement of a child, by the Committee for the purpose of alternate care in the domestic environment of a family, other than the child's biological family, that has been selected, qualified, approved and supervised for providing such care.
7. Foster family means a family found suitable by the District Child Protection Unit to keep children in foster care under section 44.
8. Guardian in relation to a child, means his natural guardian or any other person having, in the opinion of the Committee or, as the case may be, the Board, the actual charge of the child, and recognised by the Committee or, as the case may be, the Board as a guardian in the course of proceedings.

Orphan means a child:

1. who is without biological or adoptive parents or legal guardian; or
2. whose legal guardian is not willing to take, or capable of taking care of the child;

Surrendered Child: means a child, who is relinquished by the parent or guardian to the Committee, on account of physical, emotional and social factors beyond their control, and declared as such by the Committee;

Child in conflict with law

Section 2(12) defines "child in conflict with law" as a child alleged or found to have committed an offence who has not completed 18 years of age at the time of such offence( classified as small/serious/ obnoxious.) In the case of heinous crimes, children between the ages of 16 and 18 can be tried as adults after a preliminary assessment by the juvenile justice commission.

The act also provides for observation homes, and security sites for children, aged over 18 years or 16 to 18 years of age, convicted of barbaric crimes and a regular inspection be carried out. Before referring the case to the JJ board, a three month assessment of the individual shall be done also providing an individual plan. for the rehabilitation of the child.

Procedure to be followed is that the juvenile court has to ensure the safety of the child until 21 years of age. Section 10 of the act strictly bars the locking up of juveniles or lodging them in jail, they are to be produced before the board within 24hours of arrest. As provided by Section 11 of the act, such children shall be released on bail without any surety, likely in the care of a fit person or probation officer but may be deprived of their right to bail for reasons to be recorded, however they shall only be held in an observation home or place of safety.

Conditions placed on the bail of the juvenile if not met by him within seven days, shall be modified accordingly. Section 14 provides for inquiry or a preliminary assessment in case of heinous offences. The board shall also ensure the child was not subject to any ill treatment by the police, create a child friendly atmosphere during the proceedings, provide opportunity of being heard. Next the Section 24 of the act empowers the board to direct the police to destroy records of conviction in a reasonable period as may be prescribed except in cases of heinous crimes that are to be retained.

The privacy and anonymity of the child is ensured by barring the disclosure of the particulars of the child at the hands of media or police unless it is in the best interest of the child under Section 74 of the act which also provides for a punishment in case of violation.( The same has been provided under Section 24(5) of the Protection of Children from Sexual Offences Act,2012.

Child in need of care and protection

Whereas , according to section 2(13) of the act, "a child in need of care and protection " means an includes those who are found without any home or settled place of abode and without any ostensible means of subsistence:

1. Who is found working in contravention of labour laws for the time being in force or is found begging or living on the street;
2. An orphaned, abandoned or surrendered child;
3. Who resides with a person (whether a guardian of the child or not) and such person—
   1. Has injured, exploited, abused or neglected the child or has violated any other law for or has threatened to kill, injure, exploit or abuse the child and there is a reasonable likelihood of the threat being carried out;
4. A child living with a guardian who:
   1. Has killed, abused, neglected or exploited some other child or children and there is a reasonable likelihood of the same;
5. Who is mentally ill or mentally or physically challenged, suffering from terminal or incurable diseases, having no one to support or look after or unfit guardian;
6. Found vulnerable and is likely to be indulged into drug abuse or trafficking;
    
7. A missing or runaway child:
   1. Whose parents cannot be found or
   2. Who is a victim of armed conflict, civil unrest or natural calamity;
       
8. Who is at imminent risk of:
   1. Severe torture,
   2. Sexual abuse,
   3. Being married before attaining the age;
9. Children, who are victims of civil or natural disasters.

The procedure to be followed with respect to such children is provided under Section 31 of the act that says, such child shall be produced before the committee either by the police officer or any public servant or any voluntary or non-government organisation or a child welfare officer, social worker, public spirited citizen by a nurse or doctor or even the child himself. They shall then be entrusted to a children's home or fit facility or a fit person during the period of enquiry.

Juvenile Justice Board

There shall be a board in every district or group of districts. The board shall consist of a Metropolitan magistrate or Judicial Magistrate First Class and two social workers one of whom shall be a woman. The other two members must have been actively involved in health. education or welfare activities. pertaining to children for not less than seven years or a practising professional with a degree in child psychology, psychiatry, sociology or law.

But shall not be a person having any past record of violation of human or child rights or a convict of offence involving moral turpitude or has been removed or dismissed from government service or indulged in child abuse or employment of child labour.

Child Welfare Committee

Under Section 28 of this act, the state government shall constitute for every district one or more such committee for exercising the powers and to discharge duties conferred on the committee in relation to children in need of care and protection also to ensure that induction training and sensitisation of all members is provided within two months.

It shall be a five member committee, one of them being a chairperson and at least a woman and another a child expert Having a degree in child psychology or psychiatry or law or social work or sociology or human health or education or special education for differently abled children or involve in welfare activities pertaining to children for seven years or more. The committee shall be provided with secretarial support for effective functioning.

By the 2022 amendment, it now provides for the district magistrate to be the grievance redressal authority to entertain any grievance arising out of the functioning of the committee and the affected child or anyone connected to the child may file a complaint before the district magistrate who shall recognise after giving both the parties opportunities of being heard And may pass an appropriate order. The district judge shall also conduct a quarterly review of the functioning of the committee.

Powers and Functions of the Committee:

1. The committee shall have the authority to dispose of cases for care, protection, treatment, development, and rehabilitation of children as well as to provide for their basic needs and protection.
2. The power to deal exclusively with all proceedings under this act relating to children in need of care and protection.
3. Taking cognizance and directing enquiries and investigations, receiving the children produced before it.
4. Directing the CWC officers or non-governmental organisations to conduct social investigation and submit a report.
5. Selecting registered institutions for the placement of each child requiring institutional support according to the child's age, gender, needs, and available capacity of institutions.
6. Ensuring all efforts are made for restoration of abandoned or lost children to their families or declaring orphaned, abandoned, and surrendered children as legally free for adoption post enquiry.
7. In case of a complaint of abuse of a child in any childcare institution, the Committee shall conduct an inquiry and give directions to the police, the District Child Protection Unit, the labour department, or childline services, as the case may be.
8. Providing necessary legal services to the children and promoting awareness.

Provisions for Rehabilitation and Social Integration

The process provided is based on specific needs of every child by ensuring family based care by restoration. It prevents them from transforming into a criminal by providing necessary schooling, further ensuring that any child leaving a child care institution at the age of 18 is provided with financial assistance to promote their reintegration into society as provided under Section 46 of the act.

Childcare Institutions

Section 39 provide for children in need of treatment and security to be placed in a licensed institution with suitable child care facilities who do not reside with their families for any reason. Further Section 40 gives the discretion to competent authority under the act of restoration, security and returning the child to the parents, guardians, or any fit person after assessing their ability to take care of the child.

It not only provides but also keeps a check on the same as the state government shall appoint inspection committees which shall undertake compulsory visits to all housing facilities for children at least once in every three months. The report of the same shall be sent to district child protection units. The district child protection unit then has to ensure appropriate measures and the compliance report to be submitted to the state government as specified under section 54 of the act.

Open Shelters and Foster Care

Open shelter and foster carry units shall be created or maintained by the state government either by itself, NGOs or foster families for children in need of support and security for a short term for children in need of residential assistance for protecting them from street life; that can be extended as prescribed by the authorities depending upon their past experiences of childcare under section 44. All efforts shall be made to keep siblings under the same roof and parents may be allowed to visit the child if the same is not detrimental to their wellbeing.

These authorities shall be provided monthly financial support by district child protection unit, thereby ascertaining n well-being, safety, schooling and nutrition of the children. The foster families shall be under inspection of the committee and where it fails to take care of a child. The child shall be removed from such family and transferred to another, though a child cannot be given for into foster care for long.

Observation and Special Homes.
Section 47 specifies that they shall be observation homes created and maintained by the state government for temporary rehabilitation of children in conflict with law, wherein children are kept for a few weeks and a story is prepared about them. On the basis of the observation of the probation officer. They are given food clothing, accommodation and even psychiatric services.

The special homes keep minors for longer duration to rehabilitate them by ensuring every possible effort be it counseling medical assistance ,education, or vocational training. It is noteworthy that it also provides for shelter homes, providing management and monitoring of these homes. Depending upon the age, gender, severity of the offence committed by the child and the physical and mental health of the child alleged to be in conflict with law, they shall be provided different types of care as needed for their rehabilitation.

Place of Safety and fit facilities
Each state shall have at least one place of protection in a state Created by the state government for children aged 17 to 18 years alleged to have committed a heinous crime. Such a facility should be licensed under the statute and we capable of assuming the responsibility of a child after a careful enquiry into the suitability of the matter, as provided by section 41. Such institutions shall have a committee to track the progress of each child. Also, encouraging children to engage in such activities as our necessary for their health and well-being.

Inspection and implementation
The act not only provides but also keeps a check on these institutions as the state government shall appoint inspection committees which shall undertake compulsory visits to all housing facilities for children at least once in every three months. The report of the same shall be sent to district child protection units. The district child protection unit then has to ensure appropriate measures and the compliance report to be submitted to the state government as specified under section 54 of the act.

Section 41 of the act read along with section 53 provides the child care institutions, regardless of whether it receives grants from the central or state government. These institutions should have valid registration under the Juvenile Justice Act. The State Government has to assess and record the institution's ability and function at the time of registration and register the institution as a Children's Home, Open Shelter, Specialized Adoption Agency, observation home, special home, or as a place of protection else shall be punished with imprisonment for a period of one year or a fine amounting to 1,00,00 rupees, or both where it fails to comply with the act and renew its registration.

Despite the enactment unforced meant of this act, the children still stand neglected in our society. The government should ensure the institutions carry out their functions with enthusiasm and effectiveness rather than a means to earn. The act itself is exhaustive but needs a diligent enforcement for addressing the juvenile issues. There must also be adequate allocation of funds to correctional institutions to meet the modern demands and adequate training, the counselling staff, employee salary and functionality of such institutions, improving the facilities provided to children in correction homes.

To transform delinquents into responsible citizens of the society, they need counselling, imbibing moral and ethical values and a good schooling. The focus in case of children in their formative years of age should be on their adoption rather than mere short term foster care, protecting the child from all sorts of exploitation, malnutrition, thereby, ensuring moral well-being of the child in a healthy, affectionate family environment.