Presuming juveniles to be innocent of any criminal intent up to the age of 18, the ministry of women and child development has amended the Juvenile Justice Act.
Govt amends Juvenile Justice Act to say those below 18 are innocent of criminal intent
NEW DELHI: The government has decided to treat children in conflict with the law with a lot more sensitivity.
Presuming juveniles or children to be innocent of any mala fide or criminal intent up to the age of 18, the ministry of women and child development has amended the Juvenile Justice Act. The new rules prohibit handcuffing, fettering or putting them behind bars. And the police should not wear uniforms, expect at the time of arrest, while dealing with them.
The new rules, notified in the gazette on October 26, 2007, will specially benefit those who were children or juveniles at the time of committing an offence but had crossed the age of 18 during the inquiry or trial. They will still be treated like children. A child has been defined as anyone below the age of 18.
“The law enforcing agencies and the judiciary have to keep in mind the age when the crime was committed — even if the accused is a day short of becoming adult — while deciding juvenile cases,” said Dr Lovleen Kacker, joint secretary in the women and child development ministry.
Those below the age of 18 are not considered fully mature mentally and intellectually. Hence, the new rules allow imprisonment not beyond three years. However, such convicts would be lodged in normal jails when they turn adult.
No FIR or chargesheet is needed to be filed against the juvenile or child unless the crime is as grave as rape, murder or those committed jointly with adults. Yet, the police cannot put a child in a lockup and have to immediately inform the nearest Juvenile Justice Board or Child Welfare Centre after it apprehends a juvenile for a crime.
Use of words such as arrest, remand, accused, chargesheet, trial, warrant, summons, conviction, inmate, delinquent, neglected, custody or jail have been completely banned. Instead, alternative softer words are to be used.
The diet in the homes where they are detained too will improve. More importantly, travelling expenses of parents or guardians will be paid by the authorities when they come to take the children back at the time of release.
To make Juvenile Justice Act more effective and dispose cases quickly, each district will have to have least one juvenile justice board, child welfare centres and a district child protection unit.
The government has also simplified its adoption policies and now all orphans and surrendered children need to be declared legally free at the time of adoption. Surrendered children are defined as those either born out of a non-consensual relationship, born to an unwed mother or out of wedlock, a child whose either parent is dead and the other is incapable of taking care of him or her and a relinquished child.
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