Laws and Procedures: Juvenile Justice
All cases related to children in India are governed by the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereafter referred to as JJA), which is based on the principles of the United Nations Convention on the Rights of the Child (CRC), 1989. According to the CRC and the JJA, a child/juvenile is any person below 18 years of age. The CRC is the first legally binding international instrument to incorporate the full range of human rights — civil, cultural, economic, political and social rights.
The JJA, as it was notified in 2000, is available here. The salient features of the Act are:
- All children – i.e. any people under the age of 18 – come under in this act, whether ‘children in need of care and protection‘, or ‘children in conflict with law‘.
- Child Welfare Committees (CWC) are empowered to handle cases related to children in need of care and protection, for instance: children who may be abandoned, orphaned, destitute, on the streets, abused and exploited in any manner (whether for sexual purposes, labour or any other). They consist of five members, at least one of whom must be a woman and an another, an expert on matters relating to children. In Karnataka, all 27 districts have a CWC.
- Juvenile Justice Boards (JJB) are empowered to handle cases related to children in conflict with law. They consist of a Metropolitan Magistrate or a Judicial Magistrate (First Class) and two social workers of whom at least one should be a woman. In Karnataka, 8 JJBs have been set up to cover the state; in districts where the JJB does not exist, the CWC handles the case and passes it on to the jurisdictional JJB for further action.
Some relevant sections of the JJA
Section 23: neglect, assault or any kind of physical or mental suffering to a child is punishable.
Section 24: using a child for beggary is punishable.
Section 25: giving a child intoxicating liquor, a narcotic drug or psychotropic substance is punishable (unless on the order of a qualified medical practitioner).
Section 26: procuring a child for hazardous employment, keeping him/her in bondage and witholding/using those earnings is punishable.
Sections of the Indian Penal Code that protect a child
Section 90: ‘consent’ to sexual intercourse given under fear, coercion, fraud, misrepresentation or misconception is not consent.
Section 294: deals with obscene acts and songs in a public place to the annoyance of others.
Section 354: deals with assault or use of criminal force with the intention of outraging the modesty of a woman (which includes a girl child).
Section 361: deals with abduction.
Section 366 (a) and (b): deal with procuring a minor girl (under the age of 18 years) with the intention of forcing or seducing her into illicit intercourse with another person.
Section 367: deals with kidnapping or abducting in order to subject a person (including a child) to grievous hurt, slavery etc
Section 372: deals with selling a minor for the purpose of prostitution.
Section 373: prohibits the purchase of minor girls for prostitution.
Section 375: covers child sexual abuse and assault. Having sexual intercourse, with or without consent, with a girl below 16 years, amounts to statutory rape.
Section 376: deals with rape. Punishment for rape of a girl under 12 years, gang rape, rape by staff of an observation home or children’s institution is more severe; rigorous punishment for not less than 10 years and fine.
Section 377: covers the sexual abuse of a male child.
A National Commission for the Protection of Child Rights was also set up on February 23, 2007. Magsaysay awardee Shanta Sinha has been appointed the Chairperson of the Commission, which will ensure proper enforcement of child rights and effective implementation of laws and programmes relating to children, according to an official release. The Commission can enquire into complaints and take suo motu cognisance of matters relating to deprivation of child rights, non-implementation of laws providing for protection and development of children and non-compliance of policy decisions, guidelines or instructions aimed at their welfare. It can announce interim relief for children and can issue directives for remedial measures to the state governments.Besides a Chairperson, the Commission will also have six members. The Commission will examine and review the legal safeguards provided for protection of children and recommend measures for their effective implementation.
Other Acts that are used in the protection of children and young people are:
The Child Labour (Prohibition and Regulation) Act, 1986
This Act bans the employment of children (those who have not completed their 14th year) in hazardous occupations. This includes (from October 10, 2006) working as domestic help or in the hospitality sector.
The Bonded Labour (Abolition) Act, 1948
The Minimum Wages Act, 1948
The Child Marriage Restraint Act, 1929
The Immoral Traffic (Prevention) Act, 1956
