Juvenile Justice | Family Law

The blog presents the basic theory of Juvenile Justice that forms the introduction of Family Law in India. This can be useful for students preparing for Law and other Competitive Exams.

Q1. What do yo mean by  Juvenile Justice ?

Ans. The word “juvenile” has originated from the Latin word “Juvenilis“, which means “of or belonging to youth”. Juvenile justice is that area of criminal law which is applicable to persons who are not old (mature) enough to be held responsible for criminal acts.

Q2. What are the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 ?

Ans. The Indian Constitution enables the State to make special provisions for children. The Juvenile Justice (Care and Protection of Children) Act, 2000 is the primary legal framework for juvenile justice in India. It has brought within its ambit:

(a) children in need of care and protection

(b) children in conflict with law

  • The Act also provides for proper care, protection and treatment to juveniles by catering to their developmental needs.
  • It has adopted a child-friendly approach in the adjudication and disposition of matters in the best interest of children.
  • It also aims at ultimate rehabilitation through various institutions established under this enactment. It has tried to lay down a uniform framework for juvenile justice in the country.

Q3. What do you mean by “child in need of care and protection” ?

Ans. A child in need of care and protection means a child is found without any home and ostensible means of subsistence. It includes :

  • A child who is mentally or physically challenged or suffering from terminal or incurable diseases with no one to look after him or her
  • It also embraces those children who are likely to be grossly abused, tortured or exploited for the purpose of sex or other illegal acts.
  • It includes children having parents who are unfit to exercise control over them.
  • It also incorporates children who do not have parents and no one is willing to take care of them.
  • It also includes child who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or is likely to be abused for unconscionable gains; or a victim of any armed conflict, civil commotion or natural calamity.
  • A child who is found begging or is a child living on streets or a working child has been included in this category by the amendment in 2006.

Q4. What do you mean by “child in conflict with law” ?

Ans. A child in conflict with law means a juvenile (person who has not attained the age of 18 years) who is alleged to have committed an offence (violation or breach of law) and has not completed eighteenth year of age as on the date of commission of such offence.

Q5. What was the judgement of the Sheela Barse v. Secretary, Children’s Aid Society ?

Ans. The Supreme court in the Sheela Barse v. Secretary, Children’s Aid Society held that :

  • children should not be made to stay in the observation homes for too long,
  • as long as they are there, they should be kept occupied.
  • the occupations should be congenial and intended to bring about :
    • adaptability in life,
    • self-confidence and
    • development of human values.

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