The primary responsibility of execution of the JJ Act
, 2015 lies with the State Governments.
The board arrived at its decision after examining the physical and mental ability of the teenager and after hearing lengthy arguments on the Central Bureau of Investigation plea, which were strongly opposed by defence counsel Sandeep Aneha, who argued that the main purpose of the JJ Act
is to ensure a juvenile's welfare.
According to Section 5 of the JJ Act
if an inquiry has been initiated in respect of a minor who is below 18 years of age and during the course of such inquiry, the child completes the age of eighteen years, then the inquiry may be continued by the Board and orders may be passed in respect of such person as if the person is a child .
As per the report submitted by the States / UTs on 18.09.2018, 4849 Institutions were inspected and 539 Institutions were closed on account of non-compliance of provisions of JJ Act
as found by inspection committees during inspections.
As per provisions of the JJ Act
, 2015, CCIs are not required to be registered with CARA.
As per the bill, no juvenile involved in a heinous crime will be sentenced to death or life imprisonment either when tried under the provisions of JJ Act
or under the provisions of IPC.
"The SC has given this judgement only upholding the definition of a child and also upholding the provisions of the JJ Act
," he said.
The Ministry of Women and Child Development conducted a national mapping exercise of Child Care Institutions (CCIs) in 2016, in order to ascertain whether CCIs being run by State Governments/UT Administrations under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act
), are in line with the standards mandated by the JJ Act
and Model Rules framed thereunder and to institute corrective measures where required.
But if the present act is to become the law then we will not be able to rescue even a single child." He was attending the National consultation convened by Bachpan Bachao Andolan on Monday to discuss Child Labour Prevention and rehabilitation Act and JJ Act
So, will a change in JJ Act
bring in some order and reduce juvenile crimes?
"The JJ Act
terms those above 18 as adults, while the IPC says its 12," Swamy said adding "The concept of criminal responsibility needs to be added into the Act and allow the court to differentiate between innocent children and juvenile delinquents".
The Juvenile Justice (Care and Protection of Children) Model Rules, 2016 framed under JJ Act
, inter-alia specify standards for physical infrastructure, clothing, bedding, nutrition & diet, as well as rehabilitation measures such as education, vocational training and counselling.As per Section 2 (14) (ii), (viii), (ix) and (xii) of Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act
), such children are considered children in need of care and protection (CNCP) deserving the security net of Institutional and non-Institutional care under the JJ Act