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JUVENILE JUSTICE ACT, 2015 AND COORDINATION BETWEEN VARIOUS CHILD WELFARE AGENCIES

Hitesh Prajapat
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This Article is written By Shweta Srivastava, of Trinity Institute of Professional Studies an Intern under Legal Vidhiya

ABSTRACT

“There can be no more intense discovery of a society’s spirit than how it treats it’s youngsters”- are the words of Nelson Mandela, which purports to be true in a vast society. Children, because are considered to be not capable of understanding the depths of how the society work, have been violated and have been engaged in such acts of which they have no particular understanding, and hence, a proper legislative framework, like that of Juvenile Justice (Care and Protection of Children)Act, 2015 was the need of the hour, which also provides provision for the protection and rehabilitation of the children in conflict with law and also those who are in need of care and protection as has been laid out in the act.

Keywords

 Juveniles, Children in need of care and protection, child friendly approach, Child Welfare Committees, Children in Conflict with laws, Vulnerable Children, NGOs, Alternative Care

INTRODUCTION

The objective of any legislative measure is to address the challenges that society encounters as they emerge. The primary purpose of the Juvenile Justice Act, 2015, in India, is to establish a comprehensive legal framework for the protection and rehabilitation of juveniles in conflict with the law and those who are in need of care and protection, this legislative framework focuses in ensuring their safety, well being and development of the children through a child friendly approach[1] in order to help them come out of that space and get involved into the society, that basically involves the work of NGOs, child welfare institutions to cater to their basic needs like providing care, protection, vocational facilities, rehabilitative services and awareness programmes.

The Juvenile Justice Act, 2015 deals with 2 types of children that have been categorized under the act, i.e., Children in conflict with law and children in need of care and protection.

Children in Conflict of Law- This category of children essentially comprises those who are alleged to have perpetrated an offense, thereby invoking a legal provision against them. In colloquial terms, such children may be referred to as delinquent minors—individuals who fail to adhere to societal expectations and engage in behaviors that contravene the norms of their community.

Children in need of care and protection- As per the Act[2], term includes a child:-

  1. one without home or a settles place of abode and without any means of subsistence
  2. any child working in the contravention of the labour laws or is found begging or living on the streets.
  3. any child residing with a person who has:-
  4. has injured, exploited, abused or neglected the child or has violated any law that was in force for the protection of the children
  5. has threatened to kill or injure the child and the committee has a reason to believe that the threat could continue
  6. has killed, abused or neglected a child or there is a likelihood of the child in question being killed, injured or abused.
  7. who is mentally ill or mentally or physically challenged or is suffering from some type of incurable disease, having no support or no one to look after or as per the Board or the committee has such parents who are unfit to take care of the child.
  8. any child having such guardians or parents who are found to be unfit by the committee or the board to care for the child and provide him/ her with proper security.
  9. any child who has been abandoned or surrendered by their parents or who doesn’t have parents.
  10. any child who is a missing or a runaway child, whose parents cannot be found even after due inquiry.
  11. one who is suspected to be abused, tortured or exploited for the purpose of sexual abuse or illegal actions.
  12. Any child deemed vulnerable and at risk of being drawn into drug trafficking or abuse.
  13. any child who is likely to be abused for selfish gains; or
  14. who is a victim of or affected by any conflict or calamity at a tender age; or
  15. any child who is at an imminent risk of being married at an age earlier than the usual age of marriage and whose parents, guardian, or any other family members would be responsible for the solemnisation of the marriage.

Hence, this is the category of the children who are as per the law in urgent need of care and protection, hence, to take care of it, a close working with child welfare agencies is required.

CHILDREN WELFARE UNDER JUVENILE JUSTICE ACT, 2015

  1. Child Welfare Committee

The Juvenile Justice Act of 2015 seeks to establish a comprehensive framework for the care, protection, treatment, development, and rehabilitation of children in need, as well as those requiring care and protection. The Act introduces Child Welfare Committees (CWCs) and Juvenile Justice Boards to effectively address the multifaceted needs of these vulnerable children. Provision[3] has been made for child welfare committees under the Juvenile Justice Act, 2015, which mandates that each state government shall establish a Child Welfare Committee to exercise the powers and fulfill the responsibilities conferred upon such committees in relation to children in need of care and protection. According to the act, the committee shall meet at least twenty days in a month , the child in need of care and protection has to be brought before the court so as to analyse the situation and the committee’s functioning also involves a visit to an existing child care institution by the committee, to check its functioning and to analyze if the objective of well being of the neglected and abused kids are being upheld.

It has the responsibility of taking cognizance of and also receiving the children produced, conducting inquiries on all the issues that may affect the children whose cognizance has been taken by the committee, can also conduct inquiry for declaring fit any person who may appointed for taking care of the children who needs care and protection.

It may take steps for directing the placement of the child in foster care, since, they are the prime committee taking up the prime responsibility of the protection and promotion of the interests of the children in need of care and protection, they have to ensure care, protection and appropriate rehabilitation and restoration of the children in need of care  and protection. The committee has the prime responsibility of making sure that all the necessary efforts are being taken by the institutions. They may also take action for rehabilitation of sexually abused children who are reported as being the children in need of care and protection under the Committee by Special Juvenile Police Unit or local police, as the case may be under the POCSO Act, 2012[5].

Now, from the above stated points, it is safe to say that Child Welfare Agencies are crucial for ensuring the well being and protection of children, particularly those who are vulnerable and neglected of parental care. The child welfare agencies provides wide range of facilities that forms an essential foundation for the empowerment of these children, their wide range of facilities includes services like- protection measures, family support and alternative care arrangements as and when it becomes necessary, their works includes:-

  1. Protecting vulnerable Children- The welfare agencies, as deemed necessary, are appointed and entrusted with the imperative task of assisting and safeguarding children in need of care and protection. Consequently, the agencies bear the foundational responsibility of fostering interpersonal relationships and ensuring that they accurately identify and address the circumstances at hand. This entails targeting the root causes of distress and facilitating the rehabilitation of individuals, thereby extricating them from their plight.
  2. Providing Support to the Families- Now, there may arise a situation that because of the situation at home, the child may be feeling neglected and at times may be maltreated, and if the committee and the agencies after a proper investigation of the situation are of the opinion that the situation can be changed, then, they may work for the establishment of a nurturing environment for their children, so this includes spreading awareness among the parents, educating them on the matters and also provide the required support to the families.
  3. Arranging Alternative Care- As, herein before mentioned, that when the committee and the agency is of the opinion that the situation of the family of the child in need, is not such as would be able to help the child in coping with the situation, or that the family would not be able to provide appropriate and safe care, then, the agencies may arrange an alternative placement of the children, such as in foster care or may seek options for adoption to meet the child’s needs. These placements are driven solely by the intention of delivering appropriate care and fostering a secure environment for the children.
  4. Promoting Child Welfare in the Society- In a diverse and interconnected society like ours, where there are so many problems that loom over us, the children are always neglected and hence, may not be taken care of and in case of broken homes, and a dysfunctional society, it is often that the children end up getting abused and marginalized, hence, the motive of the Juvenile Justice Act and that of establishing and recognizing of the welfare agencies is that the children are not anywhere neglected and that such a tender age they get what they deserve, the care, and a safe and nurturing environment to all, irrespective of where they come from.
  5. Collaboration and Advocacy- As herein before stated, we have a diverse society, in which the problems that many- a- times though are of a great importance, if it is not highlighted by the great masses, generally goes unnoticed, hence, it is important for the greater good of the society that the organizations and the welfare institutions and agencies, work hand-in-hand and that there is a collaborative approach. Hence, the Child welfare agencies, work in collaboration with the schools, hospitals and community groups to provide comprehensive support to not only the children but also to the families. They also promote and advocacy approach by advocating for different programme and policies as and when required.
  6. Addressing the Needs of Specific Groups – Numerous agencies are actively engaged in this endeavor, particularly in light of the unique challenges faced by certain children who require additional care and vigilance. Consequently, some organizations concentrate on distinct populations of children, such as those with disabilities, those in foster care, or those who have endured profound trauma. These agencies are dedicated to developing tailored programs and policies that cater to the specific needs of these vulnerable groups.

On the lines of the aforementioned, numerous organizations play an instrumental role in the realm of Juvenile Justice, such as the Indian Council for Child Welfare (ICCW), Save the Children, UNICEF, and the Delhi Commission for Protection of Child Rights (DCPCR). UNICEF engages in collaborative efforts with various entities to safeguard children from exploitation and detrimental labor. The DCPCR, Delhi works towards an effective implementation of the Juvenile Justice Act and maintains cases involving children in conflict with the law.

CONCLUSION

In such a society, where crime rates are ever increasing and though as much efforts as can be taken are being made, there is still a deeper sown impact of the situations and setting of the society that cannot be seen through a naked eye, but is only visible through the actions of the younger generations and how they are dealt with.

So, it is important that we keep the younger generations as safe as possible and also provide them with such an environment as proves to be nurturing for them rather than devastating their budding personalities and that is where the role of the protective agencies comes into play, they follow a collaborative approach and through their programmes and policies aims towards a better society where at least the youngsters are given an environment to grow and given an opportunity to break though the shackles of the evils of the society.

REFERENCES

[5]-Juvenile Justice (Care and Protection of Children) Act, 2015, S30, No. 2, Act of Parliament, 2016 (India)

[1]Juvenile Justice (Care and Protection of Children) Act, 2015, S2(15), No. 2, Act of Parliament, 2016 (India)

[2] Juvenile Justice (Care and Protection of Children) Act, 2015, S2(14), No. 2, Act of Parliament, 2016 (India)

[3] Juvenile Justice (Care and Protection of Children) Act, 2015, S27, No. 2, Act of Parliament, 2016 (India)

[4] Juvenile Justice (Care and Protection of Children) Act, 2015, S30 No. 2, Act of Parliament, 2016 (India)

[5] Juvenile Justice (Care and Protection of Children) Act, 2015, S30, No. 2, Act of Parliament, 2016 (India)

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