Essay on Provisions Concerning Juvenile Justice Administration in India !
Chapter V of the Act entitled ‘Miscellaneous’ incorporates the matters which are related to the subject-matter of the Act but could not find place in the text of the enactment. The matters which are related to the administration of juvenile justice have been incorporated in Sections 46 to 70 of this Chapter.
It is the general principle of law that the inquiry or trial in each case should be held in the presence of the accused and this principle is equally applicable in case of juvenile delinquents as well. But if in the opinion of the competent authority, the presence of juvenile in conflict with law or child is not necessary in proceedings against him, it may be dispensed with.
ADVERTISEMENTS:
The personal attendance of accused in inquiry or trial is generally dispensed with keeping in view the nature and position of parties in the case. At times it may become necessary to dispense with the attendance of the juvenile or child if he/she is interrupting the trial or proceedings repeatedly. Therefore, Section 47 of the Act empowers the competent authority to dispense with the personal attendance of the juvenile or child who is uncontrollable.
Where the juvenile or child is suffering from a disease which requires a prolonged treatment or from a physical or mental disorder which may be cured by medical treatment, he may be sent to the approved place or institution for necessary treatment. But if he is found to be suffering from a serious disease as specified in sub-section (2) of Sec. 48, he shall be referred to special treatment centres under the relevant law.
The provisions relating to presumption and determination of the age of juvenile in conflict with law are contained in Section 49 of the Act. The case-law on this point has already been discussed earlier. The law in this regard is governed by the Supreme Court’s decision in Hari Ram v. State of Rajasthan & Another, which was handed down consequent to Juvenile Justice (Care & Protection of Children) Amendment Act 2006.
The Court made it clear that the case of Pratap Singh v. State of Jharkhand, is no longer relevant since it was decided before the Amendment of 2006. It has now been finally settled that the relevant date for determining the age of juvenility of the offender would be the date on which the offence is committed.
ADVERTISEMENTS:
The report of the Probation Officer to be made under Section 15 of the Act is treated as confidential and the competent authority cannot be compelled to disclose the contents thereof. However, if the competent authority deems it fit, it may communicate the substance of the report to the juvenile or the child or his/her parent or guardian and offer them an opportunity of producing relevant evidence about any matter contained in the said report.
The appeal against the order passed by the competent authority after inquiry and proceedings in respect of juvenile in conflict with law or the child shall lie to the Sessions Court and the time limit prescribed for appeal is thirty days from the date of order. This limit may be extended if the Court finds that there was sufficient reason for delay in filing the appeal by the appellants.
Any cause beyond the control of a person is generally accepted as a sufficient cause for extending the period of limitation for appeal. These include death of a person in the family, serious illness, failure of vehicle or mode of transport in journey, any natural calamity etc. Filing of the appeal in improper Court was held to be a sufficient cause for extending the time limit for appeal in the case of Sunder Theatres v. Allahabad Bank, Jhansi,
In Ganesh v. Mithalal, the Bombay High Court held that the term ‘sufficient cause’ should be interpreted liberally so as to provide opportunity of appeal to the appellant.
ADVERTISEMENTS:
A crucial question raised before the Supreme Court in the case of Ramdeo Chouhan alias Rajnath v. Bani Kant Das & others, was where a person who is entitled to benefit under Section 7-K of the JJ Act, 2000 as amended by 2006 amendment regarding the plea of juvenility, is denied this benefit, will it amount to violation of his human rights under sections 2(d) and 12(J) of the Human Rights Act (10 of 1994).
Answering in the affirmative, the Apex Court held that Sections 12(J) of the Human Rights Act, enlarges the jurisdiction of NHRC to enquire into cases where party is denied protection of any law to which he/she is entitled, whether the denial is by private party, a public institution, the government or even courts of law.
In the instant case, the accused (petitioner) was convicted under sections 302, 323, 325 and 326 IPC for the murder of four members of a family on March the defence of juvenility which was rejected on the grounds of evidence of medical and forensic experts who estimated his age as 19 years at the time of occurrence of the crime. On appeal, the High Court confirmed the death sentence of the petitioner on 1-2-1999 wherein the counsel for petitioner specifically submitted that he was not challenging the finding of the trial court on the point of juvenility of the accused petitioner. The larger bench of the Supreme Court in its decision on 10-5-2001 held that there was not an iota of doubt that the petitioner was not a child or near about that age within the meaning of JJ Act:
The petitioner had already filed a mercy petition on 17-8-2000 before the Governor of Assam for commutation of his death sentence to one of life imprisonment. The Governor commuted the sentence of the petitioner on 28-1-2002.
Challenging the commutation the relatives of the deceased filed a writ petition and also challenged the jurisdiction of Human Rights Commission to intervene in the matter. The court allowed the review petition and restored the Governors order and held NHRC had the jurisdiction to move the Supreme Court in the matter.
Section 52(2) of the Act, however, provides that an appeal shall not lie against the order of acquittal made by the competent authority i.e., the Juvenile Justice Board or an order made by the Child Welfare Committee in respect of finding that a person is not a neglected juvenile.
Thus, the decision of the Sessions Court in the case of juvenile in conflict with law or child, shall be final and there is no scope for further appeal against its order. It may be noted that similar provisions relating to appeal in case of juvenile delinquents existed in the repealed Juvenile Justice Act, 1986.
Section 53 of the Act confers revisional powers on the High Court against an order made by the Board or the Sessions Court. But it has no appellate powers in this regard. The High Court may itself call for the record of the proceedings in which the Board or the Sessions Court had passed an order and may do so on a revision petition having been received in this behalf. The High Court in exercise of its revisional power under section 53 of the Act, satisfies itself about the correctness, legality and reasonableness of the order passed by the Board or Sessions Court, as the case may be.
The procedure to be adopted in inquiries, appeals and revision proceedings is laid down in Section 54 of the Act. The competent authority i.e. Juvenile Justice Board may amend its orders without prejudice to the provisions for appeal and revision. It also has the power to discharge or transfer the juvenile or child from one Home to another. But the period of stay of the juvenile or child cannot be extended by such order of transfer.
Normally, the provisions relating to discharge or transfer of juvenile or child under Section 56 of the Act are invoked when it becomes necessary consequent to his no longer remaining a juvenile or a child in need of care or protection.
Section 57 of the Act as substituted by the Juvenile Justice Amendment Act, 2006 provides for transfer between Children’s Homes and Juvenile Homes of like nature in different parts of India. In case of inter-state transfer, consent of the concerned State Government and prior intimation to the Committee or Board, as the case may be, shall be necessary.
The Act also authorises the Juvenile Justice Board or the State Government to make an order for reducing the period of stay of a juvenile or a child in the Children’s Home or the Special Home when it thinks it proper to do so in the interest of the juvenile or the child, as the case may be.
If any juvenile or child kept in Children’s Home or Special Home or Shelter Home is suffering from leprosy or is of unsound mind or is addicted to any narcotic drug or psychotropic substance, he may be removed to a leper asylum or mental hospital or a de-addiction treatment centre respectively or to a place of safety for such period as may be recommended by the specialist.
Section 59 provides that a juvenile in conflict with law or child in need of care and protection may be released or granted leave of absence from the Children’s Home or the Special Home on bona fide grounds such as marriage or death of any relative or serious sickness or accident of parent or any emergency of the like nature. The period of such leave shall generally not exceed seven days.
The Central or State Government may constitute Central or State Advisory Board, as the case may be, to advise the Government on any of the following matters—
(1) Establishment of Children’s Home, Special Homes and Shelter Homes;
(2) Management of the aforesaid Homes;
(3) Mobilisation of resources for running these Homes;
(4) Education, training and rehabilitation of children who need care and protection;
(5) Ensuring co-ordination and co-operation among various official and non-official agencies and organisations.
As provided in sub-section (2) of Section 62, the Advisory Board shall consist of eminent social workers, representatives of corporate sector, voluntary organisations, medical professionals, academicians and representatives of the concerned Department of the State Government. The number of members in the Advisory Board shall be as prescribed by the Central or State Government, as the case may be.
A new Section 62-A has been inserted in the principal J.J. Act, 2000 by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, which provides for the constitution of Child Protection Unit responsible for implementation of the Act. Every State shall constitute such unit for the State and, such Units for every District consisting of such officers and other employees as may be appointed by the Government, to take up matters relating to children in need of care and protection and juveniles in conflict with law with a view to ensure the implementation of the Act including establishment and maintenance of Homes, rehabilitation and coordination with various official and non-official agencies concerned.
The Act provides for the establishment of Special Juvenile Police Units for handling of the juveniles and children under the Act and prevention of juvenile crimes. These police units shall be specially trained for the purpose.
Section 67 extends protection for actions taken under the Act in good faith. The officials of the Government, voluntary organisations running the children’s Homes, Special Homes or Shelter Homes and other staff associated with the functioning under the Act are protected for acts done by them in good faith in pursuance of this Act or the rules or orders made there under.
The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. The rules so made should be laid before the Legislature of the State concerned as soon as possible.
The provisions relating to repeal and savings are contained in Section 69 of the Act which provide that with the coming into force of this Act, the earlier Juvenile Justice Act, 1986 ipso facto stands repealed. But the repeal of the Act of 1986 shall not have any adverse effect on acts done under that Act.
The provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 clearly indicate that the object is to save the juvenile in conflict with law or child from the rigours of criminal law procedure and arduous court trial.
The procedure of inquiry and proceedings under the Act is informal so that the juvenile has not to undergo the process of conventional criminal trial which involves arrest, prosecution, trial, defence, burden of proof, conviction etc. The provisions of different Homes to be established under the Act are intended to prevent Prisonisation of juveniles in conflict with law.