(1) This Act may be called the Juvenile Justice (Care and Protection of Children) Act, 2000.
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(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint.
ADVERTISEMENTS:
[(4) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to all cases involving detention, prosecution, penalty or sentence of imprisonment of juveniles in conflict with law under such other law],
Comment:
This Act shall be called Juvenile Justice (Care and Protection of Children) Act, 2000 and it replaces the Juvenile Justice Act, 1986 which stands repealed with the enforcement of this Act. The principal Act of 2000 has been amended by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 with effect from 22nd August, 2006. The Act extends to whole of India except the State of Jammu and Kashmir. The Act was assented by the President on December 30, ‘2000 and came into force on April 1, 2001.
ADVERTISEMENTS:
The object of enactment of this Act is as follows:—
(1) To take care of neglected children and juveniles in conflict with law;
(2) To protect them;
(3) Take measures for their treatment, development and rehabilitation;
ADVERTISEMENTS:
(4) Make provision for justice and proper custodial arrangements for juvenile delinquents;
(5) Consolidation and amendment of law relating to rehabilitation of juvenile delinquents after disposal of their cases in a child-friendly manner.
Background of the passing of the Act:
The Act has been enacted with a view to introducing a uniform law relating to juvenile justice for due protection and care of children and juvenile adolescents who commit an offence. It sets out standard norms for the investigation and trial of juvenile offenders and to establish liaison with the institutions associated with the welfare of juveniles.
Like the earlier Juvenile Justice Act, 1986, the present Act, i.e., the Juvenile Justice (Care and Protection of Children) Act, 2000 is also enacted in accordance with the Standard Rules laid down by the United Nations for juveniles in conflict with law.
The basic philosophy underlying this Act is that (1) Young offenders should not be tried, they should be corrected; and (2) they should not be punished but reformed.
Section 1 of the J.J. Act, 2000 specifically provides that applicability of the Act is prospective. One of the distinctions between Juvenile Justice Act of 1986 and the present Juvenile Justice (Care and Protection of Children) Act, 2000 relates to age of males and females. Under the repealed Act of 1986, a juvenile meant a male juvenile who had not attained the age of 16 years, and a female juvenile who had not attained the age of 18 years.
But the present Act of 2000, the distinction between male and female juveniles on the basis of age has been at one away with, and a common age limit of 18 years has been laid down for both, male and female juveniles.