Que. JJ board establishment, power , functions, etc.

Juvenile Justice Board (JJB): Establishment, Powers, and Functions

The Juvenile Justice Board (JJB) is a key institution under the Juvenile Justice (Care and Protection of Children)
Act, 2015, responsible for handling cases of children in conflict with the law. The JJB ensures that juvenile offenders
are treated with care, protection, and rehabilitation, rather than punishment.

1. Establishment of Juvenile Justice Board (JJB)

a) Legal Basis
• Established under Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
• Every district must have at least one JJB.
b) Composition of JJB
As per Section 4(2) of the JJ Act, 2015, the Board consists of:
1. Metropolitan Magistrate or Judicial Magistrate (First Class) (Presiding Officer) – A trained magistrate
with at least 3 years of experience in child-related issues.
2. Two Social Workers, of which at least one must be a woman. They should have experience in child rights,
child welfare, or juvenile justice.
c) Tenure of Members
• Members are appointed for a period of 3 years.
d) Disqualification of Members
• Members can be removed if they are convicted of an offence involving moral turpitude, misbehave, or fail to
attend meetings.

2. Powers of Juvenile Justice Board

Under Section 8 of the JJ Act, 2015, the JJB has the following powers:
a) Exclusive Jurisdiction Over Juveniles
• JJB has exclusive authority to handle cases involving children in conflict with the law (below 18 years).
b) Power to Conduct Inquiry
• JJB conducts inquiries into offences committed by juveniles and decides the appropriate rehabilitation
measures.
c) Power to Release or Send to Observation Home
• JJB can order the release of a juvenile on bail or send them to an Observation Home for rehabilitation.
d) Power to Try Heinous Offences (for 16–18-Year-Olds)
• If a child aged 16-18 years commits a heinous offence (punishable by 7+ years), JJB decides whether the
child should be tried as an adult by the Children’s Court.
e) Power to Modify Sentences
• JJB can modify sentences for juveniles, ensuring a reformative approach instead of punitive measures.
f) Power to Order Rehabilitation and Social Reintegration
 • JJB can order rehabilitation, vocational training, and psychological counseling for juveniles.
g) Power to Conduct Preliminary Assessment (for Heinous Crimes)
• If a juvenile aged 16-18 years commits a heinous crime, JJB conducts a preliminary assessment to
determine whether the child has:
1. Mental capacity to commit the crime.
2. Understanding of the consequences of the crime.
3. Circumstances leading to the offence.
• Based on this, JJB may transfer the case to the Children’s Court for trial as an adult.

3. Functions of Juvenile Justice Board

a) Ensuring Fair and Speedy Inquiry
• Conducts inquiry within 4 months from the date of first production.
b) Protection of Child’s Identity
• Ensures confidentiality; no media publication of juvenile’s identity (Section 74).
c) Counseling and Rehabilitation
• Orders counseling, skill training, and community service instead of harsh punishment.
d) Ensuring Child-Friendly Approach
• No handcuffs or police uniforms in juvenile cases.
• Creates a non-intimidating environment for the child.
e) Disposal of Cases
• For Petty & Serious Offences → Disposes cases through community service, counseling, etc.
• For Heinous Offences (16–18 years) → Conducts preliminary assessment and may transfer the case to the
Children’s Court.
f) Monitoring Juvenile Homes
• Visits Observation Homes, Special Homes, and Rehabilitation Centers to check living conditions.
g) Encouraging Social Reintegration
• Ensures juveniles are not sent to jail and instead focus on reformation and social reintegration.

4. Important Case Laws Related to Juvenile Justice Board

a) Sheela Barse v. Union of India (1986)
• Supreme Court emphasized separate courts and rehabilitation centers for juveniles.
b) Pratap Singh v. State of Jharkhand (2005)
• Clarified that juvenile status is determined based on age at the time of offence.
c) Mukesh & Anr. v. State (Nirbhaya Case, 2017)
• Led to JJ Act, 2015, allowing juveniles (16-18 years) to be tried as adults in heinous crimes.
5. Challenges Faced by JJB
• Delay in disposal of cases.
• Lack of proper training for Board members.
• Insufficient infrastructure in Observation Homes.
• Rehabilitation measures often not implemented effectively.

6. Conclusion
The Juvenile Justice Board (JJB) plays a crucial role in ensuring reformation, rehabilitation, and social
reintegration of juveniles. While it has been strengthened under the JJ Act, 2015, challenges in its implementation
still exist. Strengthening JJBs with better infrastructure, trained personnel, and speedy trials can enhance the
effectiveness of juvenile justice in India.

Que. Constitutional provisions related to child (Ar. 15(3), 39

e&f , 46 , 47)
Constitutional Provisions Related to Children
The Indian Constitution provides several provisions for the protection, welfare, and development of children. These
provisions aim to safeguard children from exploitation, ensure their education, and promote their well-being. The key
constitutional provisions include Article 15(3), 39(e) & (f), 46, and 47.

1. Article 15(3) – Special Provisions for Children

• Provision:
o Article 15(3) states that the State can make special provisions for women and children.
• Significance:
o Allows positive discrimination in favor of children to ensure their welfare.
o Forms the basis for child welfare laws, scholarships, reservations, and special schemes for
children.
• Example:
o The Right of Children to Free and Compulsory Education (RTE) Act, 2009 was enacted using this
provision.

2. Article 39(e) & (f) – Protection from Exploitation and Ensuring Development
• Provision:
o Article 39(e): Directs the State to ensure that children are not abused and are not forced into
hazardous employment.
o Article 39(f): Mandates that children should be provided with healthy conditions for development
and should be protected from neglect and exploitation.
• Significance:
o Forms the basis for child labor laws and protection from abuse.
 o Promotes education, health, and child-friendly environments.
• Example:
o Child Labour (Prohibition and Regulation) Act, 1986 was introduced in accordance with Article
39(e).
o Juvenile Justice (Care and Protection of Children) Act, 2015 aligns with Article 39(f).

3. Article 46 – Educational and Economic Interests of Weaker Sections

• Provision:
o Directs the State to promote the educational and economic interests of Scheduled Castes (SCs),
Scheduled Tribes (STs), and other weaker sections, including children.
• Significance:
o Ensures equal educational opportunities for disadvantaged children.
o Encourages scholarships, reservations, and financial aid for children from weaker sections.
• Example:
o Mid-Day Meal Scheme to improve nutrition and education among poor children.
o Reservations in schools and colleges for SC/ST students.

4. Article 47 – Nutrition and Public Health

• Provision:
o Directs the State to improve nutrition, public health, and standard of living of children.
• Significance:
o Ensures children receive proper food, healthcare, and disease prevention measures.
o Encourages government policies on child health and nutrition.
• Example:
o Integrated Child Development Services (ICDS) program for nutrition and early childhood
education.
o Poshan Abhiyaan (National Nutrition Mission) to reduce malnutrition among children.

Conclusion
The Indian Constitution provides strong protections for children through Articles 15(3), 39(e) & (f), 46, and 47.
These provisions form the legal foundation for child welfare laws, education policies, health programs, and
protection from exploitation. However, effective implementation is necessary to ensure that every child in India
benefits from these rights.
 Que. What international documents have contributed in
Juvenile Justice?
International Documents Contributing to Juvenile Justice
The Juvenile Justice System has been significantly influenced by various international conventions, treaties, and
guidelines that emphasize the protection, rehabilitation, and rights of children in conflict with the law. These
documents set global standards for juvenile justice and guide national laws, including India’s Juvenile Justice (Care
and Protection of Children) Act, 2015.

1. United Nations Convention on the Rights of the Child (UNCRC), 1989

Key Provisions:
• Article 37: Prohibits torture, cruel treatment, or arbitrary imprisonment of children.
• Article 40: Ensures that children in conflict with the law receive fair treatment, legal assistance, and
rehabilitation.
• Article 3: Best interests of the child must be a primary consideration.
Impact on Juvenile Justice:
• Recognized that juveniles should be treated with dignity and respect.
• Led to reforms in juvenile justice laws worldwide, including India’s JJ Act, 2000 & 2015.
• Established the principle of diversion, ensuring juveniles are not treated as adult criminals.

2. United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), 1985
Key Provisions:
• Encourages rehabilitation instead of punishment.
• Ensures juveniles receive legal assistance and are not unnecessarily detained.
• Calls for the establishment of specialized juvenile courts and trained personnel.
Impact on Juvenile Justice:
• Influenced Juvenile Justice Boards (JJBs) and child-friendly procedures in India.
• Established guidelines for proportionate sentencing and alternative care programs.

3. United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines), 1990
Key Provisions:
• Focuses on prevention of juvenile delinquency through education, family support, and community
programs.
• Stresses social integration instead of institutionalization.
• Encourages government policies to provide education, employment, and recreational opportunities for
children.
Impact on Juvenile Justice:
• Influenced India’s focus on childcare institutions, foster care, and vocational training for juveniles.
 • Promoted community-based interventions rather than imprisonment.

4. United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules), 1990
Key Provisions:
• Prohibits the torture, solitary confinement, and inhuman treatment of juveniles.
• Ensures separate detention facilities for juveniles and adults.
• Focuses on education, vocational training, and psychological support in detention.
Impact on Juvenile Justice:
• Inspired India’s policy of separate juvenile homes and observation homes under the JJ Act.
• Strengthened legal protections against abuse and mistreatment of juveniles in custody.

5. UN Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime, 2005
Key Provisions:
• Ensures child victims and witnesses receive special protection and are treated with sensitivity.
• Prohibits harassment, intimidation, and repeated questioning of child victims.
• Encourages child-friendly court procedures and psychological support.
Impact on Juvenile Justice:
• Strengthened laws on child witnesses in India.
• Encouraged child-friendly courts and procedures in handling juvenile cases.

6. Sustainable Development Goals (SDGs), 2015

Relevant Goals:
• Goal 16.2: End abuse, exploitation, trafficking, and violence against children.
• Goal 4.7: Ensure education promotes human rights and peace.
Impact on Juvenile Justice:
• Encouraged policies focusing on education and rehabilitation for juveniles.
• Strengthened initiatives for eliminating child trafficking and child labor.

Conclusion
International conventions like the UNCRC, Beijing Rules, Riyadh Guidelines, Havana Rules, and others have
played a crucial role in shaping juvenile justice systems worldwide. India’s Juvenile Justice Act, 2015, aligns with
these principles by focusing on child protection, rehabilitation, and non-punitive measures. However, challenges
remain in implementation, training, and infrastructure, requiring continuous reform.