The Juvenile Justice (Care and Protection of Children) Act, 2015 | |
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An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto. | |
Citation | No 2 of 2016 |
Territorial extent | Whole of India, except the State of Jammu and Kashmir |
Enacted by | Parliament of India |
Date enacted | 7 May 2015 (Lok Sabha) 22 December 2015 (Rajya Sabha |
Date assented to | 31 December 2015 |
Date commenced | 1st January 2016 |
Legislative history | |
Bill | The Juvenile Justice (Care and Protection of Children) Bill, 2015 |
Bill citation | Bill No 99-C of 2014 |
Bill published on | 12 August 2014 |
Introduced by | Maneka Gandhi, Minister of Women and Child Development |
First reading | Rh |
Second reading | Dh |
Third reading | Fh |
Committee report | Standing Committee Report |
Amendments | |
Nh | |
Repealing legislation | |
Juvenile Justice (Care and Protection of Children) Act, 2000 | |
Status: In force |
Juvenile Justice (Care and Protection of Children) Act, 2015 has been passed by Parliament of India. It aims to replace the existing Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000, so that juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, can be tried as adults. The Act came into force from 15 January 2016.
It was passed on 7 May 2015 by the Lok Sabha amid intense protest by several Members of Parliament. It was passed on 22 December 2015 by the Rajya Sabha.
To streamline adoption procedures for orphan, abandoned and surrendered children, the existing Central Adoption Resource Authority (CARA) has been given the status of a statutory body to enable it to perform its function more effectively. There is a separate chapter on Adoption which provides detailed provisions relating to adoption and punishments for not complying with the laid down procedure. Processes have been streamlined with timelines for both in-country and inter-country adoption including declaring a child legally free for ...
After the attack of 2012 Delhi gang rape, it was found that one of the accused was a few months away from being 18. So, he was tried in a juvenile court. On 31 July 2013, Subramanian Swamy, a BJP politician filed a Public Interest Litigation in the Supreme Court of India seeking that the boy be tried as an adult in a court. The Court asked the juvenile court to delay its verdict.
After the Supreme Court allowed the juvenile court to give its verdict, the boy was sentenced to 3 years in a reform home on 31 August 2013. The victim's mother criticised the verdict and said that by not punishing the juvenile the court was encouraging other teenagers to commit similar crimes.
In July 2014, Minister of Women and Child Development, Maneka Gandhi said that they were preparing a new law which will allow 16-year-olds to be tried as adult. She said that 50% of juvenile crimes were committed by teens who thought that they get away with it. She added that changing the law, which will allow them to be tried for murder and rape as adults, would scare them. The bill was introduced in the Parliament by Maneka Gandhi on 12 August 2014. On 22 April 2015, the Cabinet cleared the final version after some changes.