Q. 1) Describe the main features of Juvenile Justice (Care and Protection) Act, 2000. 2) Discuss the causes of Juvenile Delinquency. 3) Who is a child in need of care and protection? 4) State the procedure followed by Juvenile Justice Court. 5) State the orders that can be passed for delinquent children under this act. 6) What protections are given by the legislature and the judiciary to juvenile delinquents?
1) Describe the main features of Juvenile Justice (Care and Protection) Act, 2000
This Act may be called the Juvenile Justice (Care and Protection of Children) Act, 2000. it extends to the Whole of India except the State of Jammu and Kashmir
"juvenile" or "child" means a one who has not completed eighteenth year of age ; "juvenile in conflict with law" means a juvenile who is alleged to have committed an offence; "local authority" means Panchayats at the village and Zila Parishad at the district level and shall also include a Municipal Committee or Corporation or a Cantonment Board or such other body legally entitled to function as local authority by the Government;
It is the primary legal framework for juvenile justice in India. This Act has been further amended in year 2006 and 2010.
It outlines two target groups: Children in need of care and protection and Juveniles in conflict with law. This act protects not only the rights of children, but a person's rights when he/she was a child. Meaning that if a crime or an incident took place while the person was a child, and then during the proceeding the juvenile ceased to be of age the case would continue as if the juvenile has not turned eighteen yet.
2) Causes of Juvenile Delinquency (
3) Who is “Child in need of care and protection”
As per Section 2(d), "child in need of care and protection" means a child -
1. No home, no support: who is found without any home or settled place or abode and without any way of support, 2. Lives with Bad person, threatens to kill: who lives with a person (whether a guardian or not) and such person has threatened to kill or injure the child and it is likely that the threat will be carried out, or that person has killed, abused or neglected some other child or children and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person, ( 3. Mentally or physically ill or incurable diseases: who is mentally or physically challenged or ill children or children suffering from terminal diseases or incurable diseases having no one to support or look after, 4. Unfit parent to control: who has a parent or guardian and such parent or guardian is unfit or incapacitated to exercise control over the child, 5. No parent no caretaker: who does not have parent and no one is willing to take care of or whose parents have abandoned him or who is missing and run away child and whose parents cannot be found after reasonable inquiry, 6. Abuse, tortured, exploited: who is being or is likely to be grossly abused, tortured or exploited for the purpose of sexual abuse or illegal acts, 7. Drugs abuse or trafficking: who is found vulnerable and is likely to be inducted into drug abuse or trafficking, 8. who is being or is likely to be abused for unconscionable gains, Victim of civil/armed conflict or natural disaster: of who is victim of any armed conflict, civil commotion or natural calamity; 4) State the procedure followed by Juvenile Justice Court. Composition and Procedure followed by Juvenile Justice Court. Section 2(k) - "juvenile" or "child" means a person who has not completed eighteenth year of age; Section 2(l) - "juvenile in conflict with law" means a juvenile who is alleged to have committed an offence;
Composition As per Section 4
(1) The State Government may constitute for a district or a group of districts specified in the notification, one or more Juvenile Justice Boards for exercising the powers and discharging the duties...
Please join StudyMode to read the full document