NHRC organizes a National Conference on
Juvenile Justice System in India
New Delhi, February 2, 2007
The National Human Rights Commission is organizing a two-day National Conference on Juvenile Justice System in India on February 3 & 4, 2007. The Commission which has been concerned about the plight of Juveniles had written letters to the Chief Secretaries/Administrators of all States/ Union Territories on the reporting of deaths/rapes in Juvenile/Children's homes within 24 hours. The Law Division of the Commission has been dealing with the cases of violation concerning the Juveniles and the Research Division has been collecting information about such violations in the States and Union Territories.
Till October 31, 2006 at least 2,885 cases related to children have been registered by the Commission. The Commission has been monitoring all situations where children are being affected and also approved a proposal for undertaking a study on the implementation of the Juvenile Justice (Care and Protection of Children) Act, 2000, in February 2004 submitted by the Socio-Legal Information Centre, New Delhi.
Since independence, the country witnessed several initiatives both official and non-governmental which led to the development of a pronounced Juvenile System. In 1960, the Indian Government passed a Central Children's Act to look into the problems of neglected and delinquent children. The Government however did not make any effort to apply the law throughout the country uniformly. As a result, most of the states continued to enforce their own existing laws. In the year 1974, the Government declared its National Policy for Children recognizing children as the most important asset whose welfare programmes should form a prominent place in the National Plan for the development of human resources. As a result, a National Children's Board was created in 1975.
By 1986, almost all the states had passed their own children's legislation, however they lacked consistency in terms of defining delinquency, court procedures, institutional and non-institutional practices. So, the Government of India felt the need for a Children's Justice Act which could be applied uniformly throughout the country. The outcome was the Juvenile Justice Act, 1986 which
could be called as the first all-India child welfare enactment. This Act had a more treatment oriented and humanistic approach compared to the earlier Juvenile Laws. However loopholes in terms of separate trials, confidential court proceedings and age determination still existed.
These concerns resulted in a number of national meetings in the 90s. The ratification of UN Convention on the Rights of the Child (CRC) in 1992, set the Government thinking to recast the 1986 Juvenile Justice Act. Thus the new bill, the Juvenile Justice (Care and Protection of Children) was introduced in Parliament, which was passed in 2000. The new Act included uniform definition of Juvenile irrespective of gender, use of better terminology, community placement options and counselling to families of children in conflict with law. The 2000 Act however overlooked the inclusion of certain substantive and procedural due process rights. An amendment to the 2000 Act was brought in 2006 to cover the gaps but questions are still being raised concerning the implementation of this law.
The two-day Conference being organized against this backdrop, aims to analyze the existing status of Juvenile Justice in the country with special reference to Human Rights, the existing situation of children and to develop appropriate linkages and cooperation between the formal system of Juvenile Justice and voluntary agencies engaged in the welfare and development.
The deliberations will be inaugurated by Dr. Justice Shivaraj V. Patil, Acting Chairperson of NHRC. About 100 participants from all over the country comprising Judicial Officers, Chairpersons/Members of Juvenile Justice Board/Welfare Committees, Academicians, Government & Police Officials, Social Activist and Senior representatives of voluntary organizations will exchange their views on Juvenile Justice system in India.
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The National Human Rights Commission is organizing a two-day National Conference on Juvenile Justice System in India on February 3 & 4, 2007. The Commission which has been concerned about the plight of Juveniles had written letters to the Chief Secretaries/Administrators of all States/ Union Territories on the reporting of deaths/rapes in Juvenile/Children's homes within 24 hours. The Law Division of the Commission has been dealing with the cases of violation concerning the Juveniles and the Research Division has been collecting information about such violations in the States and Union Territories.
Till October 31, 2006 at least 2,885 cases related to children have been registered by the Commission. The Commission has been monitoring all situations where children are being affected and also approved a proposal for undertaking a study on the implementation of the Juvenile Justice (Care and Protection of Children) Act, 2000, in February 2004 submitted by the Socio-Legal Information Centre, New Delhi.
Since independence, the country witnessed several initiatives both official and non-governmental which led to the development of a pronounced Juvenile System. In 1960, the Indian Government passed a Central Children's Act to look into the problems of neglected and delinquent children. The Government however did not make any effort to apply the law throughout the country uniformly. As a result, most of the states continued to enforce their own existing laws. In the year 1974, the Government declared its National Policy for Children recognizing children as the most important asset whose welfare programmes should form a prominent place in the National Plan for the development of human resources. As a result, a National Children's Board was created in 1975.
By 1986, almost all the states had passed their own children's legislation, however they lacked consistency in terms of defining delinquency, court procedures, institutional and non-institutional practices. So, the Government of India felt the need for a Children's Justice Act which could be applied uniformly throughout the country. The outcome was the Juvenile Justice Act, 1986 which
could be called as the first all-India child welfare enactment. This Act had a more treatment oriented and humanistic approach compared to the earlier Juvenile Laws. However loopholes in terms of separate trials, confidential court proceedings and age determination still existed.
These concerns resulted in a number of national meetings in the 90s. The ratification of UN Convention on the Rights of the Child (CRC) in 1992, set the Government thinking to recast the 1986 Juvenile Justice Act. Thus the new bill, the Juvenile Justice (Care and Protection of Children) was introduced in Parliament, which was passed in 2000. The new Act included uniform definition of Juvenile irrespective of gender, use of better terminology, community placement options and counselling to families of children in conflict with law. The 2000 Act however overlooked the inclusion of certain substantive and procedural due process rights. An amendment to the 2000 Act was brought in 2006 to cover the gaps but questions are still being raised concerning the implementation of this law.
The two-day Conference being organized against this backdrop, aims to analyze the existing status of Juvenile Justice in the country with special reference to Human Rights, the existing situation of children and to develop appropriate linkages and cooperation between the formal system of Juvenile Justice and voluntary agencies engaged in the welfare and development.
The deliberations will be inaugurated by Dr. Justice Shivaraj V. Patil, Acting Chairperson of NHRC. About 100 participants from all over the country comprising Judicial Officers, Chairpersons/Members of Juvenile Justice Board/Welfare Committees, Academicians, Government & Police Officials, Social Activist and Senior representatives of voluntary organizations will exchange their views on Juvenile Justice system in India.
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