The Juvenile Justice Bill does not mean that 16-year-old held for a crime goes to jail. According to the bill, if a juvenile commits a heinous crime, he will go to a Juvenile committee which will decide whether the convict committed the crime with an adult mindset or with a childish intention.
The Bill replaces the Juvenile Justice (Care and Protection of Children) Act, 2000. It addresses children in conflict with law and children in need of care and protection.
The Bill permits juveniles between the age of 16-18 years to be tried as adults for heinous offences. Also, any 16-18 year old, who commits a lesser, ie., serious offence, may be tried as an adult only if he is apprehended after the age of 21 years.
The Juvenile Justice Boards (JJB) and Child Welfare Committees (CWC) will be constituted in each district. The JJB will conduct a preliminary inquiry to determine whether a juvenile offender is to be sent for rehabilitation or be tried as an adult. The CWC will determine institutional care for children in need of care and protection.
Eligibility of adoptive parents and the procedure for adoption have also been included in the Bill.
Penalties for cruelty against a child, offering a narcotic substance to a child, and abduction or selling a child have been prescribed.
A juvenile or child is a person less than 18 years of age. Under Section 82 of the Indian Penal Code (IPC), the minimum age at which any person can be charged for a crime is seven years. The Juvenile Justice (Care and Protection of Children) Act, 2000 addresses children who are in conflict with law and children in need of care and protection.
The Act was brought in to adhere to the United Nations Convention on the Rights of the Child (UNCRC) which was ratified by India in 1992. As a signatory, India is required to undertake all appropriate measures to ensure the rights of children with regard to juvenile justice, care and protection, adoption, etc.
(Inputs from PRS Legislative Research)
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