Salient Features of Juvenile Justice Act, 2006
Juvenile Justice Legislation in India
The first central legislation on Juvenile Justice was passed in 1986, by the Union Parliament, providing a uniform law on juvenile justice for the entire country. Prior to this law each state had its own enactment on juvenile justice with there being differences in the way juveniles were treated by different state legal systems. The Juvenile Justice Act was thus passed to provide care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the settlement of certain matters related to and disposition of delinquent juveniles
There are certain guiding principles which need to be adhered to in the administration of juvenile justice and they form the basis on which the Act and the Rules are formed. The juvenile justice functionaries should abide by the following fundamental principles in order to understand the Act, interpret according to the situation in which the child is taken into custody and most importantly contribute to better and effective implementation of the Act. They are basically drawn from all the national and international standards pertaining to children wherein a strong impetus is given to the fulfillment and protection of the child’s rights. Emphasis is also laid on reintegration of the child into the family system to ensure proper care and protection from all kinds of exploitative situations
Principles to be followed in administration of the rules:
- Principle of presumption of innocence
- Principle of dignity and worth
- Principle of Right to be heard:
- Principle of Best Interest:
- Principle of family responsibility:
- Principle of Safety (no harm, no abuse, no neglect, no exploitation and no maltreatment):
- Positive measures to promote well being of the child, reduce vulnerabilities and aim at development of child’s identity :
- Principle of non-stigmatizing semantics, decisions and actions:
- Principle of non-waiver of rights:
- Principle of equality
The first central legislation on Juvenile Justice was passed in 1986, by the Union Parliament, providing a uniform law on juvenile justice for the entire country. Prior to this law each state had its own enactment on juvenile justice with there being differences in the way juveniles were treated by different state legal systems. The Juvenile Justice Act was thus passed to provide care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the settlement of certain matters related to and disposition of delinquent juveniles
There are certain guiding principles which need to be adhered to in the administration of juvenile justice and they form the basis on which the Act and the Rules are formed. The juvenile justice functionaries should abide by the following fundamental principles in order to understand the Act, interpret according to the situation in which the child is taken into custody and most importantly contribute to better and effective implementation of the Act. They are basically drawn from all the national and international standards pertaining to children wherein a strong impetus is given to the fulfillment and protection of the child’s rights. Emphasis is also laid on reintegration of the child into the family system to ensure proper care and protection from all kinds of exploitative situations
Principles to be followed in administration of the rules:
- Principle of presumption of innocence
- Principle of dignity and worth
- Principle of Right to be heard:
- Principle of Best Interest:
- Principle of family responsibility:
- Principle of Safety (no harm, no abuse, no neglect, no exploitation and no maltreatment):
- Positive measures to promote well being of the child, reduce vulnerabilities and aim at development of child’s identity :
- Principle of non-stigmatizing semantics, decisions and actions:
- Principle of non-waiver of rights:
- Principle of equality