The Juvenile Justice (Care The Juvenile Justice (Care & Protection of Children) & Protection of Children)

Act,2000Act,2000

Prepared byPrepared byDr Bipasha RoyDr Bipasha Roy

Juvenile Justice BoardJuvenile Justice BoardKolkata DistrictKolkata District

Who is a juvenile or child?Who is a juvenile or child?

““Juvenile”Juvenile” oror “Child”“Child”

means means

a person who has not a person who has not completed completed eighteeneighteen

years of age..Sec 2(l)years of age..Sec 2(l)

Whom does Whom does Juvenile Justice Act deal with?Juvenile Justice Act deal with?

It deals with two categories of It deals with two categories of childrenchildren ::

““juvenile in conflict with law/child juvenile in conflict with law/child in conflict with law”in conflict with law”

- - offenderoffender““child in need of care and child in need of care and

protection” protection” - - victimvictim

Who is the competent authority Who is the competent authority to deal with CCL/CNCP?to deal with CCL/CNCP?

Juvenile Justice Board.. Sec 4Juvenile Justice Board.. Sec 4 ( Child in Conflict with ( Child in Conflict with Law)Law)

Child Welfare Committee.. Sec29 (Child In Need of Care Child Welfare Committee.. Sec29 (Child In Need of Care and Protection)and Protection)

What are the objectives of the What are the objectives of the

JJ Act?JJ Act? Speedy disposal of casesSpeedy disposal of cases Five ‘Five ‘r’ sr’ s• ReformReform• RehabilitationRehabilitation• RescueRescue• RestorationRestoration• RepatriationRepatriation

onon

What is the objective of the JJAct?What is the objective of the JJAct? Stakeholders to Stakeholders to act as a guardianact as a guardian/substitute parent /substitute parent

to the juvenile/child.to the juvenile/child.

Goal is Goal is not to punish not to punish the CCL but the CCL but to counsel & to counsel & reform reform the juvenile.the juvenile.

Safeguard and work for the Safeguard and work for the best interest best interest of the of the juvenile/child.juvenile/child.

Improvement of mental & physical health Improvement of mental & physical health of the of the juvenile/child.juvenile/child.

Guidance for Guidance for academic & vocational academic & vocational training.training.

RehabilitateRehabilitate the juvenile along with sustainable the juvenile along with sustainable development.development.

Show them the Show them the right path of liferight path of life. .

STAKE HOLDERSSTAKE HOLDERS THE JUVENILE JUSTICE BOARD/CHILD WELFARE THE JUVENILE JUSTICE BOARD/CHILD WELFARE

COMMITTEECOMMITTEE

POLICE/ CHILD WELFARE OFFICERS (CWOs)POLICE/ CHILD WELFARE OFFICERS (CWOs)

COURTSCOURTS

STATE LEGAL AID AUTHORITY/DISTRICT LEGAL STATE LEGAL AID AUTHORITY/DISTRICT LEGAL AID AUTHORITYAID AUTHORITY

GOVERNMENT OBSERVATION/SPECIAL GOVERNMENT OBSERVATION/SPECIAL HOMES/CHILDREN’S HOME/AFTER CARE CENTRESHOMES/CHILDREN’S HOME/AFTER CARE CENTRES

NGOs/COMMUNITY/FAMILYNGOs/COMMUNITY/FAMILY

FAMILYFAMILY

The Juvenile Justice (Care & Protection The Juvenile Justice (Care & Protection of Children) Act,2000of Children) Act,2000

Fundamental principles [Rule-3(2), JJ Rules, 2007] Fundamental principles [Rule-3(2), JJ Rules, 2007] to be to be followed in the followed in the applicationapplication, , interpretationinterpretation and and implementationimplementation of the JJ Act & JJ Rules by the of the JJ Act & JJ Rules by the competent authorities & agencies when dealing with competent authorities & agencies when dealing with children:- children:-

Principle of presumption of innocencePrinciple of presumption of innocence Principle of dignity and worthPrinciple of dignity and worth Principle of right to be heardPrinciple of right to be heard Principle of best interestPrinciple of best interest Principle of family responsibilityPrinciple of family responsibility Principle of safetyPrinciple of safety

The Juvenile Justice (Care & Protection The Juvenile Justice (Care & Protection of Children) Act,2000….Cont’dof Children) Act,2000….Cont’d

Positive measuresPositive measures Principle of non-stigmatizing semantics, decisions and Principle of non-stigmatizing semantics, decisions and

actionsactions Principle of non-waiver of rightsPrinciple of non-waiver of rights Principle of equality and non-discriminationPrinciple of equality and non-discrimination Principle of right to privacy & confidentialityPrinciple of right to privacy & confidentiality Principle of last resort Principle of last resort Principle of repatriation & restoration Principle of repatriation & restoration Principle of Fresh Start Principle of Fresh Start Right to be produced before the JJB and not a courtRight to be produced before the JJB and not a court

Juvenile Justice Board – Juvenile Justice Board – Composition.. Sec4 (2)Composition.. Sec4 (2)

Juvenile

Justice Board

Principal Magistrat

e

Members Tenure

-3yrs

Social Worker

Social Worker

(woman)

Juvenile Justice Board – Juvenile Justice Board – Function.. Rule 10, JJ Rule, Function.. Rule 10, JJ Rule,

20072007 The Bench shall have the powers conferred by the The Bench shall have the powers conferred by the

CrPc on a Metropolitan Magistrate or, as the case CrPc on a Metropolitan Magistrate or, as the case may be, a may be, a Judicial Magistrate of the first classJudicial Magistrate of the first class

Board has Board has exclusive jurisdiction to deal with CCLexclusive jurisdiction to deal with CCL Take cognizance of crime Take cognizance of crime committed against the committed against the

childchild Monitor Institutions Monitor Institutions for CCLsfor CCLs LiaisonLiaison with with Child Welfare CommitteeChild Welfare Committee Liaison with Liaison with other Boards other Boards for speedy disposalfor speedy disposal Direct District Authority & Police to Direct District Authority & Police to provide provide

infrastructure infrastructure for minimum standard of justice for minimum standard of justice Send quarterly reportsSend quarterly reports to State/District Child to State/District Child

Protection Unit, State Government & CMM/CJMProtection Unit, State Government & CMM/CJM

POST-PRODUCTION POST-PRODUCTION PROCESSES/INQUIRY BY THE BOARD.. PROCESSES/INQUIRY BY THE BOARD..

RULE13, JJ RULE 2007RULE13, JJ RULE 2007 A. Orders on First Production of CCL –A. Orders on First Production of CCL – Dispose off the case, if trivial or evidence is Dispose off the case, if trivial or evidence is

unfoundedunfounded Transfer the CCL to CWC if police report states Transfer the CCL to CWC if police report states

that the juvenile is in need of care and protectionthat the juvenile is in need of care and protection Consider release of the child on bailConsider release of the child on bail Release in the care of Fit Person/Fit Release in the care of Fit Person/Fit

Institution/Probation OfficerInstitution/Probation Officer Send to Observation Home or Fit Institution Send to Observation Home or Fit Institution

pending inquirypending inquiry

INQUIRY BY THE BOARDINQUIRY BY THE BOARD B. B. Age DeterminationAge Determination.. Sec 49 JJ Act/ Rule 12 JJ .. Sec 49 JJ Act/ Rule 12 JJ

Rule, 2007Rule, 2007 Determine age of the child within 30 daysDetermine age of the child within 30 days

Relevant date of juvenility- less than 18 yrs on the Relevant date of juvenility- less than 18 yrs on the date of offencedate of offence

Procedure to be adopted-Procedure to be adopted- Physical appearancePhysical appearance Documentary evidenceDocumentary evidence::

Matriculation or Equivalent certificateMatriculation or Equivalent certificate Date of birth certificate from school Date of birth certificate from school (other (other

than a play school) first attendedthan a play school) first attended Birth certificate given by Corporation / Birth certificate given by Corporation /

municipal authority/ Panchayatmunicipal authority/ Panchayat Medical opinionMedical opinion

INQUIRY BY THE BOARDINQUIRY BY THE BOARD

C. Bail.. Sec 12, JJ Act 2000C. Bail.. Sec 12, JJ Act 2000- Juvenile brought before the Board may be Juvenile brought before the Board may be

released on bail or placed under the released on bail or placed under the supervision of a PO/fit person/fit institutionsupervision of a PO/fit person/fit institution

Bail may be denied:Bail may be denied:- Release likely to bring him in association Release likely to bring him in association

with any known criminalwith any known criminal- Release likely to expose him to moral, Release likely to expose him to moral,

physical or psychological dangerphysical or psychological danger- Release would defeat the ends of justiceRelease would defeat the ends of justice

Procedure for InquiryProcedure for Inquiry Petty Offences Petty Offences may be disposed off by the Board may be disposed off by the Board

through summary proceedings.. [Rule13(2)(d)]through summary proceedings.. [Rule13(2)(d)]

Non Serious Offences Non Serious Offences (less than 7 yrs (less than 7 yrs imprisonment for adults) the Board shall follow imprisonment for adults) the Board shall follow the procedure of trial in summons cases… [Sec the procedure of trial in summons cases… [Sec 54(1) read with rule 13 (2)(d)]54(1) read with rule 13 (2)(d)]

Serious offences Serious offences (punishable with imprisonment (punishable with imprisonment of more than 7 yrs for adults) the Board shall of more than 7 yrs for adults) the Board shall follow procedure of trial in summons cases.. [Sec follow procedure of trial in summons cases.. [Sec 54(1) read with rule 13 (2)(d)(e)]54(1) read with rule 13 (2)(d)(e)]

--

The Board has to satisfy that the The Board has to satisfy that the child has not been child has not been ill treatedill treated by the police/lawyer/probation officer.. by the police/lawyer/probation officer.. Rule 13(2)(d)Rule 13(2)(d)

The Board has to The Board has to ensureensure that the that the parents/guardians parents/guardians have been –have been –

- informed by the police about the apprehension and informed by the police about the apprehension and production of the CCLproduction of the CCL

- Supplied a copy of the police reportSupplied a copy of the police report- Informed about the possible need of personal Informed about the possible need of personal

bond/surety in event of a bail granted, the need of bond/surety in event of a bail granted, the need of identity proof and age verification documents of identity proof and age verification documents of the CCLthe CCL

The Board shall ensure that the police has informed The Board shall ensure that the police has informed the the probation officer probation officer about the apprehension of the about the apprehension of the juvenile and seek the social investigation report.. juvenile and seek the social investigation report.. [Sec 50 & 65 read with sec 50A, CrPC][Sec 50 & 65 read with sec 50A, CrPC]

The proceedings of the Board to be conducted in a The proceedings of the Board to be conducted in a child child friendly atmosphere. [Rule13(2)(b) & 13(4)]friendly atmosphere. [Rule13(2)(b) & 13(4)]

Every child is given an opportunity to be Every child is given an opportunity to be heard and heard and participate participate in his/her inquiry. [Rule 13(2)(c)]in his/her inquiry. [Rule 13(2)(c)]

The Board may The Board may dispense with the attendance dispense with the attendance of the child of the child if not essential for the purpose of the inquiry. [Sec 47]if not essential for the purpose of the inquiry. [Sec 47]

The Board may use the powers of The Board may use the powers of questioning witnesses questioning witnesses conferred by sec 165 , Indian Evidence Act, conferred by sec 165 , Indian Evidence Act, 1872[Rule13(3)]1872[Rule13(3)]

The Board shall ensure grant of The Board shall ensure grant of free legal aid free legal aid through through State Legal Services Authority and right to counsel. [Rule State Legal Services Authority and right to counsel. [Rule 14]14]

No juvenile shall be No juvenile shall be chargedcharged with or with or tried tried for any for any offence together offence together with an adult. [Sec18]with an adult. [Sec18]

Principle of Principle of non-stigmatizing non-stigmatizing semantics, decisions semantics, decisions and actions to be followed. [Rule 3(VIII)]and actions to be followed. [Rule 3(VIII)]

Even if the juvenile Even if the juvenile ceases to be a child ceases to be a child during during the pendency of the inquiry the Board shall pass the pendency of the inquiry the Board shall pass orders as if he is a juvenile[Sec 3]orders as if he is a juvenile[Sec 3]

The inquiry to be completed The inquiry to be completed within a period of 4 within a period of 4 months months after the first summary inquiry. [Sec 14 after the first summary inquiry. [Sec 14 (1) read with rule 13(6) and rule15(1)](1) read with rule 13(6) and rule15(1)]

In case of a In case of a foreign national foreign national the Board gives due the Board gives due protection to the child till he/she gets repatriated protection to the child till he/she gets repatriated to the country of his/her origin at the earliest in to the country of his/her origin at the earliest in coordination with the respective Embassy or High coordination with the respective Embassy or High Commission.[Rule79(4)(5)(6)]Commission.[Rule79(4)(5)(6)]

PRODUCTION OF THE CHILDREN BY THE INVESTGATING OFFICER IN CIVIL CLOTHES

PRODUCTION OF THE CHILDREN BY THE INVESTGATING OFFICER IN CIVIL CLOTHES

Final Order passed by the BoardFinal Order passed by the Board ……. [Sec 15 read with Rule 15] . [Sec 15 read with Rule 15]

Allow the child to go home after Allow the child to go home after advice or advice or

admonition and counsellingadmonition and counselling to the to the parents/guardians and juvenileparents/guardians and juvenile

Direct the juvenile to Direct the juvenile to group counselling group counselling (arrangements to be made by the SCPU/DCPU)(arrangements to be made by the SCPU/DCPU)

Order the juvenile to Order the juvenile to perform community service perform community service like cleaning the park; serving the elderly in nursing like cleaning the park; serving the elderly in nursing home; helping out a local fire or police department; home; helping out a local fire or police department; helping out a local hospital or nursing home; serving helping out a local hospital or nursing home; serving disabled childrendisabled children

Order to Order to pay a fine pay a fine by the parent or the juvenile if he by the parent or the juvenile if he is over 14 yrs of age and earns moneyis over 14 yrs of age and earns money

To be released on To be released on probation of good conduct probation of good conduct and and place him under the care of a fit person on executing a place him under the care of a fit person on executing a bond (maximum period of 3yrs)bond (maximum period of 3yrs)

Shall remain under the Shall remain under the supervisionsupervision of probation officer of probation officer

Send the juvenile to a Send the juvenile to a special home special home for a maximum for a maximum period of 3yrsperiod of 3yrs

All final orders shall include an All final orders shall include an individual care plan individual care plan for the child concernedfor the child concerned

NoNo juvenile shall be sentenced to juvenile shall be sentenced to death or life death or life imprisonment. imprisonment. [Sec 16(1)][Sec 16(1)]

In case of very In case of very serious offence serious offence or the conduct of the or the conduct of the child not conducive to other children in special home, child not conducive to other children in special home, the juvenile might be sent to a place of safety. [Sec the juvenile might be sent to a place of safety. [Sec 16(1)(2)]16(1)(2)]

Removal of disqualification Removal of disqualification attaching to conviction – attaching to conviction –

- the juvenile shall not suffer disqualification, if any, - the juvenile shall not suffer disqualification, if any, attaching to a conviction of an offence under such law.attaching to a conviction of an offence under such law.

- the records in respect of a juvenile shall be destroyed - the records in respect of a juvenile shall be destroyed after a period of seven years.[Sec19]after a period of seven years.[Sec19]

Any person aggrieved by the order of the Board may Any person aggrieved by the order of the Board may prefer an prefer an appealappeal to the Court of Session within thirty to the Court of Session within thirty days from the date of such order.[Sec52]days from the date of such order.[Sec52]

On a report of a Probation Officer/Government/social On a report of a Probation Officer/Government/social worker the Board may worker the Board may releaserelease a juvenile.[Sec 59(1)] a juvenile.[Sec 59(1)]

Procedures to be followed by Procedures to be followed by Court MagistratesCourt Magistrates

Sec7 – JJ Act, 2000Sec7 – JJ Act, 2000

Sec 7A – JJ Act, 2000Sec 7A – JJ Act, 2000

Sec 7A(1) read with rule 12(6) and Sec 7A(1) read with rule 12(6) and 9898

Sec 7Sec 7 – – Procedure to be followed by a Procedure to be followed by a Magistrate not empowered under the ActMagistrate not empowered under the Act…if …if he is of opinion that a person brought before him he is of opinion that a person brought before him under any of the provisions of the Act is a under any of the provisions of the Act is a juvenile/child he shall without any delay record juvenile/child he shall without any delay record such a opinion and forward the juvenile/child to such a opinion and forward the juvenile/child to the competent authoritythe competent authority

Sec 7A Sec 7A – – Procedure to be followed when claim Procedure to be followed when claim of juvenility is raised before any courtof juvenility is raised before any court…when …when a claim is raised or the court is of opinion that an a claim is raised or the court is of opinion that an accused person was a juvenile on the date of accused person was a juvenile on the date of commission of the offence, the court shall make commission of the offence, the court shall make an inquiry, take such evidence to determine the an inquiry, take such evidence to determine the age and record a finding and forward the juvenile age and record a finding and forward the juvenile to the Board and the sentence if any shall be to the Board and the sentence if any shall be deemed to have no effect.deemed to have no effect.

Sec 7A(1) read with rule 12(6) and 98 Sec 7A(1) read with rule 12(6) and 98 - - Claim of juvenility can be raised Claim of juvenility can be raised before any court and at any stagebefore any court and at any stage, , even after final disposal of the case. even after final disposal of the case.

Sec 64 read with Sec15 & Rule 98Sec 64 read with Sec15 & Rule 98 – If – If the person is found to be a juvenile on the person is found to be a juvenile on the date of offence, he shall be the date of offence, he shall be transferred to a special home for the transferred to a special home for the period of sentence or released if the period of sentence or released if the period of detention has exceeded 3 yrs.period of detention has exceeded 3 yrs.

Police(organization)Police(organization)State Level IGP (Nodal Officer)

District/City Level(SJPU) headed by

SP

Police Station Level Juvenile

or Child Welfare Officer

(JCWO)

Members of

Special Juvenile Police

Unit..Sec2(w)/63, Rule

84

Superintendent of Police

JCWO of the rank of Police Inspector

Paid Social Worker

Paid Social Worker (Woman)

J/CWO of every Police Station

What is the role & responsibility of What is the role & responsibility of Police/CWO in the Juvenile Justice Police/CWO in the Juvenile Justice

system ?system ? initial contact point initial contact point with the juvenile. with the juvenile. give first-hand knowledge as to the give first-hand knowledge as to the circumstances of circumstances of

apprehension, apprehension, alleged offence committed by the alleged offence committed by the juvenile. juvenile.

categorize the offence categorize the offence as per the section/ sections of as per the section/ sections of Indian Penal Code.Indian Penal Code.

counselingcounseling of the juvenile begins at the police of the juvenile begins at the police station. station.

After interviewing the child and delving into his After interviewing the child and delving into his background, make the background, make the social investigation reportsocial investigation report. .

Their Their child-friendly approach child-friendly approach wins the juvenile’s wins the juvenile’s trust and with it, the initial step in reforming the child trust and with it, the initial step in reforming the child begins.begins.

It is again the police that provide the It is again the police that provide the details of the details of the casecase to the JJB in form of GD/FIR/Complaint Report to the JJB in form of GD/FIR/Complaint Report and the social investigation report. and the social investigation report.

CHILDREN TREATED WITH DIGNITY

AND RESPECT

CHILDREN TREATED WITH DIGNITY

AND RESPECT

To whom do the Police take To whom do the Police take these children after these children after

apprehension?apprehension?if the child is a child in conflict with law if the child is a child in conflict with law (an offender)(an offender) the police have to the police have to produce the juvenile before the produce the juvenile before the

Juvenile Justice Board Juvenile Justice Board

butbut

if the child is in need of care and if the child is in need of care and protection protection (a victim)(a victim) the police shall the police shall produce the child before the produce the child before the

Child Welfare CommitteeChild Welfare Committee..

At the time of apprehension what are the At the time of apprehension what are the most important things that the Police most important things that the Police

must do?must do? protect the child protect the child if he/she is being assaulted if he/she is being assaulted

by the public or otherwise;by the public or otherwise;

hand over the childhand over the child to the Special Juvenile to the Special Juvenile Police Unit/ designated police officer/Child Police Unit/ designated police officer/Child

Welfare Officer in the nearest police station;Welfare Officer in the nearest police station;

the police at the time of apprehension must the police at the time of apprehension must decidedecide whether a child is a juvenile in whether a child is a juvenile in

conflict with law (JCL) conflict with law (JCL) oror child in need of child in need of care and protection (CNCP).care and protection (CNCP).

Further - Further - At the time of arrest/apprehension the At the time of arrest/apprehension the

police must police must ensure the ageensure the age of the person of the person arrested/apprehended by:arrested/apprehended by:– Physical appearancePhysical appearance

– Claim of the person to be a juvenileClaim of the person to be a juvenile

– The documents produced by the parents/ The documents produced by the parents/ guardiansguardians

– in the absence of any documents it is in the absence of any documents it is mandatorymandatory for the police to produce the for the police to produce the person before the Juvenile Justice Board person before the Juvenile Justice Board on the basis of his physical appearance/ on the basis of his physical appearance/ person’s claims to be a juvenile.person’s claims to be a juvenile.

Is there any time limit as to when the Is there any time limit as to when the JCL or CNCP should be produced?JCL or CNCP should be produced?

Yes,Yes, the JCL/CCL or CNCP should be produced the JCL/CCL or CNCP should be produced before the JJB or CWC before the JJB or CWC within 24hrs within 24hrs of his of his apprehension excluding the time taken to apprehension excluding the time taken to

bring the juvenile from the police station or bring the juvenile from the police station or place of safety to the Board/CWC as the case place of safety to the Board/CWC as the case

may be.. Sec 10may be.. Sec 10IfIf

the Special Juvenile Police Unit/Child the Special Juvenile Police Unit/Child Welfare Officer is not present due to official Welfare Officer is not present due to official

reasons, the reasons, the Police OfficerPolice Officer who had who had apprehended the juvenile shall produce him apprehended the juvenile shall produce him before the Board/CWC as the case may be.before the Board/CWC as the case may be.

DURING HOLIDAYS CHILD PRODUCED BEFORE A SINGLE MEMBER OF THE BOARD

DURING HOLIDAYS CHILD PRODUCED BEFORE A SINGLE MEMBER OF THE BOARD

AfterAfter apprehending the child and apprehending the child and beforebefore producing him/her before the Board -producing him/her before the Board -

The Police Officer The Police Officer must - must - thethe parent or guardian of the juvenile about parent or guardian of the juvenile about

the apprehension;the apprehension;

them about the address of the Board, them about the address of the Board, place, time & date when the parent or place, time & date when the parent or guardian should be present before the guardian should be present before the Board; about the need of surety & bail Board; about the need of surety & bail

bond; give copy of police report; ask them bond; give copy of police report; ask them to bring proof of juvenility; identity proof to bring proof of juvenility; identity proof

(voter ID card, ration card etc)(voter ID card, ration card etc)

the concerned Probation Officer about the concerned Probation Officer about such apprehension.. sec13such apprehension.. sec13

I

N

F

O

R

M

FAMILY MEMBERS / PO INFORMED ABOUT THE APPREHENSION

FAMILY MEMBERS / PO INFORMED ABOUT THE APPREHENSION

What information should be collected What information should be collected before producing the juvenile before before producing the juvenile before

the JJB?the JJB? Circumstances of apprehension Circumstances of apprehension of the juvenileof the juvenile

Offence Offence alleged to have been committedalleged to have been committed

Record information about his Record information about his social backgroundsocial background

The information may be collected through The information may be collected through personal interviewspersonal interviews, from the members of the , from the members of the

family and locality where they are residing, from family and locality where they are residing, from the the social agencies social agencies and other sources. This and other sources. This

information shall be recorded in the case diary of information shall be recorded in the case diary of the juvenile and forwarded to the Board at the juvenile and forwarded to the Board at production of the CCL [Rule-11 (6),(9),(11) production of the CCL [Rule-11 (6),(9),(11)

JJRule,2007].JJRule,2007].

How does a police produce a juvenile before How does a police produce a juvenile before the JJB during long vacations and government the JJB during long vacations and government

holidays?holidays?

The juvenile can be produced by the police-The juvenile can be produced by the police- before a single member of the Board.. Sec5(2)before a single member of the Board.. Sec5(2)

The concerned PS may ring up the member The concerned PS may ring up the member /members of the Board and produce the child at /members of the Board and produce the child at

a mutual convenient place and a mutual convenient place and

receive order regarding the juvenile which shall receive order regarding the juvenile which shall be ratified in the next meeting of the Board. be ratified in the next meeting of the Board.

How shall the juvenile be treated in the How shall the juvenile be treated in the Police Station?Police Station?

While in the police station or otherwise the While in the police station or otherwise the child child should not beshould not be mentally or physically mentally or physically

abused/ assaulted abused/ assaulted The The care & protection care & protection of the child begins of the child begins

from the PS from the PS CounselingCounseling of the child begins as soon as of the child begins as soon as

the child is apprehended and brought to the child is apprehended and brought to the police stationthe police station

Police officer shall be Police officer shall be in plain clothes in plain clothes and and not in uniform (except at the time of not in uniform (except at the time of apprehension) while dealing with the apprehension) while dealing with the

juveniles.. Rule 75juveniles.. Rule 75 No handcuffs or fetters No handcuffs or fetters shall be used while shall be used while

dealing with the juveniles… Rule 76dealing with the juveniles… Rule 76

When shall the police When shall the police apprehend a juvenile?apprehend a juvenile?

Petty Offences Petty Offences – (punishable with fine upto – (punishable with fine upto Rs. 1000 only), police may dispose off the Rs. 1000 only), police may dispose off the case at the police station itself.[case at the police station itself.[Rule 13(2)(d)Rule 13(2)(d)]]

Non-Serious Offences Non-Serious Offences – (punishable with – (punishable with imprisonment upto 7yrs), juvenile may be imprisonment upto 7yrs), juvenile may be apprehended only if it is “necessary in the apprehended only if it is “necessary in the interest of the juvenile.” [interest of the juvenile.” [Rule 11(7)(9)Rule 11(7)(9)]]

Serious Offences Serious Offences – (punishment with – (punishment with imprisonment for more than 7yrs), juvenile imprisonment for more than 7yrs), juvenile can be apprehended. [can be apprehended. [Rule 11(7)Rule 11(7)]]

Can the name etc.of the CCL/CNCP be Can the name etc.of the CCL/CNCP be published?published?

No! No reportNo! No report of any inquiry regarding the of any inquiry regarding the name, name, address, school particulars or any other address, school particulars or any other particulars leading to the identification particulars leading to the identification of the of the juvenile in conflict with law or child in need of juvenile in conflict with law or child in need of care and protection shall be care and protection shall be disclosed in any disclosed in any newspaper, magazine, news-sheet or visual newspaper, magazine, news-sheet or visual media.media.

Any person who contravenes this provision shall Any person who contravenes this provision shall be be liable to a penalty which may extend up to liable to a penalty which may extend up to twenty-five thousand rupeestwenty-five thousand rupees..

Only the authority holding the inquiry Only the authority holding the inquiry JJB/CWCJJB/CWC may allow such disclosure in the best interest of may allow such disclosure in the best interest of the juvenile or child, which shall be recorded in the juvenile or child, which shall be recorded in writing..Sec 21writing..Sec 21

Who can be punished for being cruel to a JCL? Who can be punished for being cruel to a JCL? What is the punishment?What is the punishment?

Sec-23 (JJAct) : A person who is Sec-23 (JJAct) : A person who is in actual in actual charge of and control charge of and control over a juvenile or child, over a juvenile or child, assaults (any physical, sexual or emotional assaults (any physical, sexual or emotional abuse), abandons, exposes or willfully neglects abuse), abandons, exposes or willfully neglects the juvenile or child; or causes (be the cause of the juvenile or child; or causes (be the cause of the reason for); or procures (bring about) him to the reason for); or procures (bring about) him to be assaulted, abandoned, exposed or neglected be assaulted, abandoned, exposed or neglected in a manner that may cause or likely to cause in a manner that may cause or likely to cause unnecessary mental or physical suffering, shall unnecessary mental or physical suffering, shall be punishable – be punishable – a) imprisonment up to six months; a) imprisonment up to six months; b) fine; b) fine; c) or both.c) or both.

Cruelty to juvenileCruelty to juvenile

If the juvenile or child has been physically, If the juvenile or child has been physically, sexually, or emotionally abused or neglected in sexually, or emotionally abused or neglected in an institution by those responsible for care and an institution by those responsible for care and protection, the Board/Committee shall – protection, the Board/Committee shall –

a) direct the local police station or thea) direct the local police station or the SJPU to register a case SJPU to register a case

b) take due cognizance of suchb) take due cognizance of such occurrences occurrences

c) conduct necessary investigationsc) conduct necessary investigations

Cruelty to juvenileCruelty to juvenile Sec- 24 JJAct..Employment of juvenile or child Sec- 24 JJAct..Employment of juvenile or child

for beggingfor begging

Sec- 25 JJAct.. Penalty for giving intoxicating Sec- 25 JJAct.. Penalty for giving intoxicating liquor or narcotic drug or psychotropic liquor or narcotic drug or psychotropic substance to juvenile or childsubstance to juvenile or child

Sec- 26 JJAct..Exploitation of juvenile or child Sec- 26 JJAct..Exploitation of juvenile or child employeeemployee

Sec- 27 JJAct.. Special Offences:- The offences Sec- 27 JJAct.. Special Offences:- The offences punishable under sections 23, 24, 25 and 26 punishable under sections 23, 24, 25 and 26 shall be cognizable. shall be cognizable.

Non-Stigmatizing Semantics Non-Stigmatizing Semantics to be used…..to be used…..

ProhibitedProhibited To be strictly adhered toTo be strictly adhered to Arrest……….. ApprehensionArrest……….. Apprehension Accused…….. Juvenile/Child in Conflict with LawAccused…….. Juvenile/Child in Conflict with Law Delinquent…. Juvenile/Child in Conflict with LawDelinquent…. Juvenile/Child in Conflict with Law Inmate………. Juvenile/Child in Conflict with LawInmate………. Juvenile/Child in Conflict with Law Trial…………… InquiryTrial…………… Inquiry Summon……. NoticeSummon……. Notice Warrant….. Notice for Warrant….. Notice for

Apprehension/ProductionApprehension/Production Remand….. Sent to Place of SafetyRemand….. Sent to Place of Safety Crime………. OffenceCrime………. Offence

Child Welfare Committee Child Welfare Committee Sec-29Sec-29

Child Welfare Committee

Chairperson

Member

Member

Member

Member(woman)

Who is a Child in Need of Care & Who is a Child in Need of Care & Protection? Sec-2(d)Protection? Sec-2(d)

• HomelessHomeless• Having incapacitated parent, no parentHaving incapacitated parent, no parent• Abandoned, missing or runawayAbandoned, missing or runaway• Victim of natural or man-made calamityVictim of natural or man-made calamity• Victim of abuse & exploitationVictim of abuse & exploitation• Mentally or physically challengedMentally or physically challenged• Mentally or physically illMentally or physically ill• HIV/AIDS affected or infectedHIV/AIDS affected or infected• Suffering from terminal illnessSuffering from terminal illness• Trafficked – for labour /sexual purposesTrafficked – for labour /sexual purposes• Victim of any armed conflict, civil commotion Victim of any armed conflict, civil commotion

or natural calamityor natural calamity

• Abused, tortured or exploited for the Abused, tortured or exploited for the purpose of sexual abuse or illegal actpurpose of sexual abuse or illegal act

• Vulnerable and is likely to be inducted Vulnerable and is likely to be inducted into drug abuse or traffickinginto drug abuse or trafficking

• Abused for unconscionable gainsAbused for unconscionable gains• Who is found beggingWho is found begging• Street childStreet child• Working childWorking child• SurrenderedSurrendered

POWERS OF CWC…..Sec-31POWERS OF CWC…..Sec-31

Final authority to dispose of cases for Final authority to dispose of cases for the care, protection, treatment, the care, protection, treatment, development, and rehabilitation of development, and rehabilitation of the children;the children;

Provide for their basic needs and Provide for their basic needs and protection of human rightsprotection of human rights

Have the power to deal exclusively Have the power to deal exclusively with all proceedings under the JJAct with all proceedings under the JJAct relating to CNCPrelating to CNCP

PRODUCTION BEFORE THE COMMITTEE PRODUCTION BEFORE THE COMMITTEE Sec-32Sec-32

Any CNCP may be produced before the Any CNCP may be produced before the Committee by:-Committee by:-

Any Any police officer police officer or or SJPUSJPU or a or a designated police designated police officerofficer

Any Any public servantpublic servant ChildlineChildline, a registered voluntary organisation or , a registered voluntary organisation or

other voluntary organisation or an agency other voluntary organisation or an agency recognised by the State Governmentrecognised by the State Government

Any Any social worker social worker or or public spirited citizenpublic spirited citizen By the By the child himself/herselfchild himself/herself

ProductionProduction of the child before the Committee of the child before the Committee within 24 hrs within 24 hrs excluding the time necessary for excluding the time necessary for the journeythe journey

INQUIRY BY INQUIRY BY THE COMMITTEE Sec-33 THE COMMITTEE Sec-33 On receipt of a report the committee shall hold an On receipt of a report the committee shall hold an

inquiryinquiry The committee The committee on its own on its own or on or on the report from any the report from any

person or agency person or agency may send the child to children’s may send the child to children’s home for speedy inquiry by a social worker or CWOhome for speedy inquiry by a social worker or CWO

Inquiry shall be completed Inquiry shall be completed within four months within four months of the of the receipt of the orderreceipt of the order

State Govt shall State Govt shall review the pendency of cases review the pendency of cases of the of the Committee every six monthsCommittee every six months

On completion of the inquiry it is the discretion of On completion of the inquiry it is the discretion of the Committee to allow the child continue to remain the Committee to allow the child continue to remain in the children’s home till in the children’s home till suitable rehabilitation suitable rehabilitation is is found or till he attains the age of 18yrsfound or till he attains the age of 18yrs

The Police should have readily available list The Police should have readily available list of:-of:-

various governmental & non governmental various governmental & non governmental

organizations (NGO’s) working with children in the organizations (NGO’s) working with children in the areaarea

shelter homes/children homes/fit institutions/child shelter homes/children homes/fit institutions/child helplines, recognized and certified under the JJAct helplines, recognized and certified under the JJAct (as amended upto date)(as amended upto date)

of government hospitals, with pediatric unitof government hospitals, with pediatric unit

Should be conversant with the provisions of The Should be conversant with the provisions of The Child Labour (Prohibition & Regulation) Act, 1986 Child Labour (Prohibition & Regulation) Act, 1986 & The Bonded Labour System (Abolition) Act, 1976& The Bonded Labour System (Abolition) Act, 1976

What is the role of Police What is the role of Police pertaining to CNCP ?pertaining to CNCP ?

An officer while dealing with CNCP should An officer while dealing with CNCP should always be in plain clothes.always be in plain clothes.

All basic amenities & food requirements of All basic amenities & food requirements of child should be taken care of by the officer child should be taken care of by the officer during the period child remains in his/her during the period child remains in his/her charge.charge.

Should be fully aware of the CWC(s), its place Should be fully aware of the CWC(s), its place and days of sitting, names, addresses & and days of sitting, names, addresses & Phone numbers of its individual members.Phone numbers of its individual members.

Duties of Probation OfficerDuties of Probation Officer Upon information of apprehension obtain Upon information of apprehension obtain informationinformation

regarding his regarding his antecedents and family backgroundantecedents and family background Prepare Prepare Social Investigation Report Social Investigation Report (SIR)(SIR) SuperviseSupervise juvenile/child when placed under her/him juvenile/child when placed under her/him

at three stages – (a) Bail (b) Final Order (c) Post at three stages – (a) Bail (b) Final Order (c) Post ReleaseRelease

Assist Assist institutionalized juvenile – communicating with institutionalized juvenile – communicating with family; attend Board proceedings and submit reports; family; attend Board proceedings and submit reports; clarify problems of juvenile; participate in clarify problems of juvenile; participate in rehabilitation programmes of juvenilesrehabilitation programmes of juveniles

Prepare Prepare Individual Care PlanIndividual Care Plan Prepare Prepare restoration and follow up planrestoration and follow up plan Inform Inform Officer in charge/Medical Officer about Officer in charge/Medical Officer about

unnatural death of a juvenileunnatural death of a juvenile

State GovernmentState Government Constitution of Statutory Bodies Constitution of Statutory Bodies – Selection Committee; – Selection Committee;

JJB; CWC; Advisory Board; Child Protection UnitJJB; CWC; Advisory Board; Child Protection Unit Establishment of Homes Establishment of Homes – Observation Homes; Special – Observation Homes; Special

Homes; After Care Organisation; Children Homes; Open Homes; After Care Organisation; Children Homes; Open Shelters Shelters

Training of personnel Training of personnel – members JJB/CWC; Police ; Staff – members JJB/CWC; Police ; Staff of Homes & Institutionsof Homes & Institutions

Preparation of Schemes & Programmes Preparation of Schemes & Programmes – Sponsorship; – Sponsorship; Grants-in-aid; Linkages & Co-ordination; Social auditing; Grants-in-aid; Linkages & Co-ordination; Social auditing; guidelines for prevention of sexual abuse; after care guidelines for prevention of sexual abuse; after care programme; adoption; foster careprogramme; adoption; foster care

Creation of Juvenile Justice FundCreation of Juvenile Justice Fund Frame RulesFrame Rules TransferTransfer juvenile outside State; juvenile outside State; arrangearrange counseling & counseling &

community service; community service; set up set up de-addiction centers & de-addiction centers & centre's for treatment of dangerous diseasescentre's for treatment of dangerous diseases

Legal Services Authority & AdvocatesLegal Services Authority & Advocates

Provide Provide free legal service free legal service to all CCLs/CNCPs through to all CCLs/CNCPs through State/District Legal Aid Services AuthorityState/District Legal Aid Services Authority

Institute Institute Legal Aid Clinic Legal Aid Clinic in the JJB (State Capital) ; provide in the JJB (State Capital) ; provide name, addresses of panel lawyers to JJB and Para-legal name, addresses of panel lawyers to JJB and Para-legal volunteeresvolunteeres

To provide To provide moral, social and learning assistance moral, social and learning assistance to the CCL to the CCL Ensure that CCL are Ensure that CCL are not made victims not made victims of overly harsh criminal of overly harsh criminal

procedure and that their rights are protectedprocedure and that their rights are protected The legal practitioner should bring all those The legal practitioner should bring all those relevant facts relevant facts

before the Board which may be useful for treatment and before the Board which may be useful for treatment and rehabilitationrehabilitation

Understanding the Understanding the psyche of the child psyche of the child is necessary is necessary Explain the Explain the morality of his action morality of his action not the intricacies of the law not the intricacies of the law

and legality of a actand legality of a act Can offer Can offer information and referralinformation and referral, training and education, , training and education,

negotiations, legal services and monitoringnegotiations, legal services and monitoring

NGO-Areas of Operatio

n

Legal aid/para-

legal services

Act as case worker

After Care Organisatio

n

Social investigation report

Fit person/fit institution

Honorary probation

officer

Set up Observation Homes

Set up Special Homes

Act as Protection agency for probation, counceling, case worker

Academic /vocational education

West Bengal Correctional Services Act, West Bengal Correctional Services Act, 19921992Duties & functions of Welfare Officers - Section 11(2)(f)….Duties & functions of Welfare Officers - Section 11(2)(f)….

(a) Keep the Superintendent concerned informed (a) Keep the Superintendent concerned informed regarding any matter relating to welfare of prisonersregarding any matter relating to welfare of prisoners

(d) Render assistance to social organizations & NGOs in (d) Render assistance to social organizations & NGOs in evolving educational and developmental support system evolving educational and developmental support system for the prisoners and their children back homefor the prisoners and their children back home

(e) To coordinate activities regarding education and (e) To coordinate activities regarding education and recreation of prisoners’ children accompanying their recreation of prisoners’ children accompanying their parents in the correctional homeparents in the correctional home

(g) To help prisoners in arranging suitable education of (g) To help prisoners in arranging suitable education of their children back home;their children back home;

(i) To process petitions & appeals of prisoners to the (i) To process petitions & appeals of prisoners to the courts and other authoritiescourts and other authorities

(l) To arrange legal aid including free legal aid for (l) To arrange legal aid including free legal aid for convicted as well as UTPs to defend their cases either in convicted as well as UTPs to defend their cases either in the trial court or appellate court if they so desirethe trial court or appellate court if they so desire

The Protection of Children from Sexual The Protection of Children from Sexual Offences Act, 2012Offences Act, 2012

Defines a Defines a childchild as any person as any person below the age of 18 yrsbelow the age of 18 yrs Is Is gender neutral gender neutral ((does not differentiate between a boy does not differentiate between a boy

or girl child victim)or girl child victim) Special Courts Special Courts to complete recording of the evidence of to complete recording of the evidence of

the child within one month.the child within one month. Complete Complete trialtrial of offences within a period of of offences within a period of one year.one year. PunishmentsPunishments vary from fines and/or imprisonment from vary from fines and/or imprisonment from

six months to even life imprisonment.six months to even life imprisonment. Categories Categories of offences are exhaustiveof offences are exhaustive ReportingReporting the commitment of such an offence and also the commitment of such an offence and also

the apprehension of such commitment is the apprehension of such commitment is mandatorymandatory PunishmentPunishment for for failure to report failure to report or record such a caseor record such a case PunishmentPunishment for for false complaint false complaint or false informationor false information

THANK YOUTHANK YOU