Juvenile Justice System Act, 2018
The JJS Act defines a child as a person who has not attained the age of eighteen years (Section 2). It applies to all children who are accused of committing an offence, or who are victims or witnesses of an offence, or who are at risk of being exploited, abused, neglected, or harmed (Section 3).
The JJS Act establishes Juvenile Courts, Juvenile Justice Committees, and observation homes and Juvenile Rehabilitation Centres for the administration of juvenile justice (Sections 4 to 10). It lays down the procedures for the arrest, bail, investigation, trial, and disposal of cases involving juveniles (Sections 11).
It also prohibits the disclosure of the identity of the juvenile, the use of handcuffs or fetters, and the imposition of death penalty or life imprisonment on a juvenile.
The JJS Act encourages the use of diversion and alternative dispute resolution mechanisms for the reformation and rehabilitation of juveniles. It also removes the disqualification attached with conviction for a juvenile and provides for the right to appeal (Sections 18).
What are the rights and benefits of juveniles under the JJS Act?
The JJS Act recognizes and protects the rights and benefits of juveniles in conflict with law and children in need of care and protection. Some of these rights and benefits are:
• The right to be treated with dignity and respect, and in accordance with the principles of the best interest of the child, the presumption of innocence, and the right to a fair trial (Section 5).
• The right to be informed of the charges and the grounds of arrest and to have access to legal assistance and representation (Sections 3).
• The right to be released on bail, unless there are reasonable grounds to believe that the release would defeat the ends of justice (Section 6).
• The right to be separated from adult offenders, and to be kept in observation homes or Juvenile Rehabilitation Centres that are suitable for their age, gender, and needs (Sections20).
• The right to be provided with education, vocational training, health care, counselling, and recreational facilities in the observation homes or Juvenile Rehabilitation Centres (Section 2(k)).
• The right to be heard and to participate in the proceedings affecting them, and to have their views and opinions taken into account.
• The right to be protected from any form of violence, abuse, exploitation, or discrimination and to have their privacy and confidentiality respected.
• The right to benefit from diversion and alternative dispute resolution mechanisms, such as mediation, conciliation, or arbitration, that aim to resolve the conflict without resorting to formal judicial proceedings (Sections 9).
• The right to have their conviction expunged from the record after a period of good conduct, and to have their disqualification removed from any office, profession, or occupation (Section 15).
What are the arrest and detention rules and policies under the JJS Act?
The JJS Act lays down the rules and policies for the arrest and detention of juveniles in conflict with law. Some of these rules and policies are:
• The arrest of a juvenile shall be made only by a police officer not below the rank of Assistant Sub-Inspector, and only when it is necessary for the prevention of crime or for the best interest of the juvenile.
• The police officer arresting a juvenile shall inform the juvenile of the grounds of arrest, and shall also inform the parents or guardian of the juvenile, and the Probation Officer, as soon as possible (Section 5)
• The police officer arresting a juvenile shall not use any force or violence, and shall not subject the juvenile to any form of torture, cruel, inhuman, or degrading treatment or punishment.
• The police officer arresting a juvenile shall not handcuff or fetter the juvenile, unless there are exceptional circumstances that require such measures for the safety of the juvenile or others (Section 16)
• The police officer arresting a juvenile shall produce the juvenile before the Juvenile Court within twenty-four hours of the arrest, excluding the time necessary for the journey.
• The Juvenile Court shall release the juvenile on bail, unless there are reasonable grounds to believe that the release would defeat the ends of justice, or that the juvenile is likely to abscond, or that the juvenile is involved in a heinous offence (Section 6).
• The Juvenile Court shall ensure that the juvenile is kept in an observation home or a Juvenile Rehabilitation Centre, and is separated from adult offenders.
• The Juvenile Court shall ensure that the juvenile is provided with education, vocational training, health care, counselling, and recreational facilities in the observation home or the Juvenile Rehabilitation Centre
The Juvenile Court shall ensure that the trial of the juvenile is completed within six months of the arrest, and that the juvenile is not detained for a period exceeding the maximum term of imprisonment prescribed for the offence