The Juvenile Justice (Care and Protection of Children) Act, 2000 is an
Act to fulfil its commitment to the United Nations Convention on the
Rights of the Child which is ratified on 11th December, 1992.
In this act a child or juvenile is defined as a person who has not
completed his/her 18th year of age. This is an act consolidate and amend
the law relating to juveniles in conflict with law and children in need
of care and protection, by providing for proper care, protection and
treatment by catering to their development needs, and by adopting a
child-friendly approach in the adjudication and disposition of matters
in the best interest of children and for their ultimate rehabilitation
through various institutions established under this enactment.
The Constitution has, in several
provisions, including clause (3) of article 15, clauses (e) and (f) of
article 39, articles 45 and 47, imposes on the State a primary
responsibility of ensuring that all the needs of children are met and
that their basic human rights are fully protected; The
Act is one of the key instruments in legislation for the protection of
children. The most striking feature of the Act is that it distinguishes
between a child and an adult in terms of trial and conviction of
offenses.
This Act ensures that offenses
committed by children are being analysed. Thus a child who commits an
offense will not be treated in the same light as an adult. The nature of
the offense, circumstances and atmosphere in which the child committed
the act and such other factors are analysed before convicting the
juvenile. The juvenile is usually tried in a special Children's Court.
The Act was amended in 2006 to
strengthen the provisions for children. It makes the Act much more
effective. The amendments made to the Act have led to large scale
deliberations and decisions which have been made for the benefit of the
children.
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