India's Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act)
envisions a reformed legal and policing approach to children, with Special
Juvenile Police Units (SJPUs) as a cornerstone. Designed to bring
child-sensitive policing to every district and city, Section 107 of the JJ Act
details the mandate, structure, and operation of these units, reflecting a
commitment to prioritizing the well-being of children within the justice system.
The law promotes equitable juvenile justice across all regions by requiring
Specialized Juvenile Protection Units (SJPUs) in both urban and rural areas,
thereby reducing geographical imbalances in case management. Regardless of
location, be it a city or a village, the legal system aims for a consistent and
specialized approach focused on the child's welfare. This local-level
organization facilitates prompt action, community-specific knowledge, and easier
access to vital resources.
Special Juvenile Police Units (SJPUs) represent a fundamental change in policing
for children, moving away from punishment and towards rehabilitation. They
emphasize that children, regardless of their involvement with the law, are
primarily in need of care, protection, and guidance rather than criminalization.
When effectively implemented, SJPUs offer the potential to revolutionize how the
criminal justice system interacts with children throughout India.
Legal Framework
- India's Juvenile Justice (Care and Protection of Children) Act of 2015 is rooted in the UN Convention on the Rights of the Child (UNCRC).
- Special Juvenile Police Units (SJPUs) correspond with key UNCRC principles:
- Prioritizing the best interests of the child
- Ensuring protection from abuse and neglect
- Guaranteeing dignified and respectful treatment within the justice system
- SJPUs are essential for compliance with both domestic and international child-friendly justice standards.
State Government's Role - Embedding Child-Sensitive Policing
- Section 107(2) of the JJ Act, 2015 mandates SJPUs in every district and city.
- The objective is to:
- Decentralize child protection within law enforcement
- Ensure presence in urban and rural areas
- Provide consistent, specialized response to juvenile cases
- Enable timely intervention and accessibility to support services
Leadership and Structure - Competent Command
- Each SJPU must be led by a senior officer of Dy. SP rank or higher, ensuring:
- Priority for juvenile justice cases
- Accountability and decision-making strength
- Coordination with CWCs, JJBs, and NGOs
- Includes all Child Welfare Police Officers (CWPOs) under Section 107(1).
- CWPOs are initial contacts; SJPUs provide oversight and advanced intervention.
- Railway police dealing with children are also included in the SJPU framework.
Integrating Social Work - A Multidisciplinary Approach
- Each SJPU must include two experienced social workers, one being a woman.
- This inclusion ensures:
- Psychosocial assessments are integrated
- Empathetic handling of children
- Linkage to welfare programs, institutions, and counselling
- Gender-sensitive and trauma-informed responses
Operational Functions - Coordinated, Compassionate Action
- SJPUs are responsible for:
- Preventing juvenile delinquency through education and engagement
- Ensuring child-friendly investigations
- Collaborating with CWCs, JJBs, NGOs, and care institutions
- Providing training for police in child-friendly practices
- They serve as a bridge between criminal justice and child welfare systems.
Challenges and Future Directions
- Implementation issues across states include:
- Understaffing or unqualified officer appointments
- Delays in recruiting social workers
- Resource and funding limitations
- Lack of awareness among police staff
- Recommendations:
- State Commissions should audit SJPU functionality
- Mandatory training workshops for officers and social workers
- Dedicated budget allocations under police modernization plans
- Digital tracking for monitoring child-related cases
Recommendations:
While Special Juvenile Police Units (SJPUs) offer a necessary framework, their
success hinges on equipping officers and social workers with specialized skills
through consistent training in areas such as child psychology, trauma-informed
care, and legal procedures. Essential training components should encompass the
procedures outlined in the Protection of Children from Sexual Offences (POCSO)
Act, non-coercive interview methods, gender-sensitive practices, and techniques
for carefully managing interactions with child witnesses; institutions like the
National Institute of Public Cooperation and Child Development (NIPCCD) and the
Bureau of Police Research and Development (BPR&D) are well-positioned to
standardize and implement these training programs nationwide.
States can enhance the efficiency and modernization of Special Juvenile Police
Units (SJPUs) by implementing several technological solutions: online case
tracking systems for juvenile cases, real-time dashboards to monitor SJPU
performance based on metrics such as case volume, rehabilitation success, and
case pendency, mobile applications enabling immediate reporting of child-related
incidents and streamlined coordination with Child Welfare Committees (CWCs) or
District Child Protection Units (DCPUs), and digital ID mapping to aid in family
tracing for rescued children, especially in cases of trafficking or missing
persons.
SJPUs can only operate effectively with the support of the community, achieved
through various means such as running awareness campaigns in schools, slums, and
childcare homes to educate children about their rights and available protection
mechanisms; collaborating with local entities like panchayats, ward members, and
resident welfare associations to facilitate the reporting of suspicious
activities related to child labour, trafficking, or abuse; and implementing
programs like 'Police Mitra' or child safety volunteer initiatives to strengthen
the connection between the police and the public.
Gaps in Implementation and the Need for Compliance:
It is imperative to understand that Special Juvenile Police Units (SJPUs) are
not meant to be exclusive clusters of police personnel. As explicitly mandated
under the Juvenile Justice (Care and Protection of Children) Act, 2015, SJPUs
must comprise not only police officers designated as Child Welfare Police
Officers (CWPOs) but also two experienced social workers, one of whom must be a
woman. This inclusion is essential to ensure a child-sensitive,
multidisciplinary approach in handling cases involving children, whether they
are in conflict with the law or in need of care and protection.
However, ground-level implementation reveals significant deviations from this
statutory mandate. In several districts, due to a lack of awareness or
deliberate administrative neglect, SJPUs have been constituted solely with CWPOs,
excluding the mandated social work representatives altogether. This not only
compromises the child-centric philosophy of the Act but also strips the unit of
the crucial psychosocial expertise needed to respond appropriately to children's
needs. Even more troubling is the practice observed in some districts where
police officers below the rank of Assistant Sub-Inspector - such as constables -
are being designated as CWPOs, in clear violation of the rank requirement laid
out in the law.
Such deviations not only reflect a deficient understanding of the statutory
framework but also amount to non-compliance with the JJ Act, effectively
rendering such SJPUs illegal and operationally inadequate. The law is clear: the
non-inclusion of two qualified social workers, or the nomination of under-ranked
police personnel, invalidates the legal constitution of these units. This
undermines both the letter and spirit of the legislation.
Moreover, the role of SJPUs extends beyond the JJ Act. They play a pivotal role
in the implementation of the Protection of Children from Sexual Offences (POCSO)
Act, where they are entrusted with recording sensitive information related to
child sexual abuse cases and ensuring immediate care and protection to the
victim. This cross-legislative mandate reinforces the necessity for these units
to be properly constituted, adequately resourced, and sensitively trained.
Training Mandate under Section 107(3):
Section 107(3) of the JJ Act, 2015, further emphasizes the need for specialized
training of police officers involved in juvenile policing. It mandates that all
CWPOs must undergo training at the time of their induction into the SJPU. This
provision acknowledges the fact that handling child victims, witnesses, or
offenders requires a distinct set of skills, attitudes, and sensitivities that
go beyond conventional policing.
The training is expected to cover:
- Child rights and juvenile justice principles
- Trauma-informed care and communication
- Provisions under the JJ Act and POCSO
- Gender sensitivity and psychosocial engagement
- Coordination mechanisms with CWCs, JJBs, and NGOs
Despite this clear legislative requirement, training programs remain
inconsistent and sporadic across states. Many CWPOs continue to function without
any formal orientation on child protection laws or techniques for handling
children with care and empathy.
Gaps in Awareness Among Police Personnel:
Despite the Juvenile Justice (Care and Protection of Children) Act, 2015
mandating child-sensitive policing, a concerning lack of awareness persists
among grassroots police officers regarding Child Welfare Police Officers (CWPOs)
and Special Juvenile Police Units (SJPUs). Interactions reveal that even
designated CWPOs often lack knowledge of their roles, responsibilities, and the
JJ Act's provisions, undermining the law's effectiveness and leaving children
vulnerable within the justice system.
A particularly troubling issue is the lack of understanding regarding
gender-sensitive protocols. Many officers are unaware of the prohibition of male
CWPOs handling cases involving female children without a female officer or
social worker present, except in unavoidable circumstances. This ignorance
reflects a critical gap in training and sensitization, violating core principles
of trauma-informed care, child rights, and gender-sensitive policing as outlined
in the JJ Act and the POCSO Act.
These awareness gaps have profound consequences, including secondary
victimization of female children, compromised investigations due to lack of
trust, eroded credibility of the justice system, and potential legal challenges
arising from procedural violations. To address this, urgent action is needed
through widespread orientation programs, mandatory induction training, periodic
refresher courses, integration of child protection modules into police training,
and strict monitoring to ensure compliance. Only through sustained capacity
building, awareness generation, and collaboration can a truly child-friendly and
rights-respecting juvenile justice system be achieved.
Conclusion - Building a Compassionate Justice System for Children:
The establishment of Special Juvenile Police Units is a crucial step towards a
justice system that values the dignity, rights, and developmental needs of
children. The JJ Act recognizes that children require a fundamentally different
approach, one that balances legal rigour with social compassion. By placing
experienced officers in leadership, mandating social worker involvement, and
linking police stations with higher-level units, the Act sets the stage for
systematic and compassionate law enforcement.
Realizing the full potential of SJPUs requires states to actively invest in
their implementation, both in policy and in practice. The success of this
framework depends on ongoing collaboration between law enforcement, social
services, and civil society, united by a common vision: protecting the rights
and the future of every child who encounters the justice system.
Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: imranwahab216@gmail.com, Ph no: 9836576565
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