Juvenile Justice (Care and Protection of Children) Act, 2000

 The Juvenile Justice (Care and Protection of Children) Act, 2000 is the primary legal framework for juvenile justice in India. The act provides for a special approach towards the prevention and treatment of juvenile delinquency and provides a framework for the protection, treatment and rehabilitation of children in the purview of the juvenile justice system. This law, brought in compliance of the 1989 UN Convention on the Rights of the Child (UNCRC), repealed the earlier Juvenile Justice Act of 1986 after India signed and ratified the UNCRC in 1992. This act has been further amended in 2006 and 2010. In the wake of Delhi gang rape (16 Dec 2012), the law suffered a nationwide criticism owing to its helplessness against crimes where juveniles get involved in heinous crimes like rape and murder. In 2015, responding to the public sentiment, both the houses of parliament in India further amended the bill that lowered the juvenile age to 16 and proposed adult-like treatment for juveniles accused of heinous crimes. The lower house, i.e. Lok Sabha passed the bill on 7 May 2015 and the upper house,i.e. Rajya Sabha on 22 December 2015. The bill was approved by President Pranab Mukherjee's assent on 31 December 2015.

The Act is considered to be extremely progressive legislation and the Model Rules 2007 have further added to the effectiveness of this welfare legislation. However, the implementation is a very serious concern even in 2013 and the Supreme Court of India is constantly looking into the implementation of this law in Sampurna Behrua Versus Union of India and Bachpan Bachao AndolanVersus Union of India. In addition to the Supreme Court, the Bombay and Allahabad High Courts are also monitoring implementation of the Act in judicial proceedings. In order to upgrade the Juvenile Justice Administration System, the Government of India launched the Integrated Child Protection Scheme (ICPS) in 2009-10 whereby financial allocations have been increased and various existing schemes have been merged under one scheme.

A separate petition titled Deepika Thusso Versus State of Jammu and Kashmir is also pending consideration before the Supreme Court on implementation of the Juvenile Justice Act, 1997 which is applicable in the State of Jammu and Kashmir.

Based on a resolution passed in 2006 and reiterated in 2009 in the Conference of Chief Justices of India, several High Courts have constituted "Juvenile Justice Committees" headed by sitting judges of High Courts. These committees supervise and monitor implementation of the Act in their jurisdiction.

The Juvenile Justice and Delinquency Prevention Act of 1974 is a United States federal law providing funds to states that follow a series of federal protections, known as the "core protections," on the care and treatment of youth in the justice system. The four "core protections" of the act are:

• Deinstitutionalization of Status Offenders (DSO) -- the deinstitutionalization of status offenders and non-offenders requires that youth who are runaways, truants or curfew violators cannot be detained in juvenile detention facilities or adult jails;
• "Sight and Sound"—The "Sight and Sound" separation protection disallows contact between juvenile and adult offenders (i.e. if juveniles are put in an adult jail or lock up under the limited circumstances the law allows for, they must be separated from adult inmates);
• "Jail Removal"—The "Jail Removal" disallows the placement of youth in adult jails and lock ups except under very limited circumstances;
• Disproportionate Minority Confinement (DMC) -- The DMC provision requires states to address the issue of over-representation of youth of color in the justice system.

The "DSO" and "Sight and Sound" protections were part of the original law in 1974. The "Jail Removal" provision was added in 1980 in response to finding youth incarcerated in adult facilities resulted in "a high suicide rate, physical, mental, and sexual assault, inadequate care and programming, negative labeling, and exposure to serious offenders and mental patients." The "DMC" requirement was added in the JJDPA in 1992. 

The compliance of states towards the requirements of the JJDP Act is monitored by the Office of Juvenile Justice and Delinquency Prevention.

As of 2000, the "vast majority" of participating states comply with the first three requirements and are making strides towards the fourth.With the exception of Wyoming, all states participate in the program.

THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 

Prior Federal Juvenile Delinquency Activity 

1912 Children’s Bureau created by Act of Congress. The Act directed the Bureau “to investigate and report...on all matters pertaining to the welfare of children and child life among all classes of our people and shall especially investigate the questions of infant mortality, the birth rate, orphanage, juvenile courts, desertion, dangerous occupations, accidents, and diseases of children, employment, legislation affecting children in the several States and Territories.” 

1948 Interdepartmental Committee on Children and Youth established. Its purpose was to develop closer relationships among Federal Agencies concerned with children and youth. 

1950 The Midcentury White House Conference on Children and Youth met in Washington, D.C. The conference considered methods to strengthen juvenile courts, development of juvenile police services, and studied prevention and treatment services of social agencies, police, courts, institutions, and after-care agencies. 

1961 President’s Committee on Juvenile Delinquency and Youth Crime established. It recommended enactment of the Juvenile Delinquency and Youth Offenses Control Act of 1961. 

1961 Juvenile Delinquency and Youth Offenses Control Act of 1961 enacted. It had a three year authorization for the purpose of demonstrating new methods of delinquency prevention and control. 

1964 Juvenile Delinquency and Youth Offenses Control Act extended to carry out a special demonstration project in Washington, D.C. The Act was subsequently extended through fiscal year 1967. 

1968 Juvenile Delinquency Prevention and Control Act of 1968 enacted. This act assigned to HEW responsibility for developing a national approach to the problem of Juvenile Delinquency. States were to prepare and implement comprehensive juvenile delinquency plans and, upon approval, receive Federal funds to carry out prevention, rehabilitation, training, and research programs. 

1968 Omnibus Crime Control and Safe Streets Act of 1968 enacted. This Act provided block grants to States in order to improve and strengthen law enforcement. While not specifically mentioning juvenile delinquency, this Act’s broad crime control and prevention mandate authorized funding of delinquency control and prevention programs. 

1971 Juvenile Delinquency Prevention and Control Act extended for one year. The Interdepartmental Council to Coordinate all Federal Juvenile Delinquency Programs was established by this Act. 2 

1971 Omnibus Crime Control and Safe Streets Act amended. The definition of law enforcement was amended to specifically include programs related to prevention, control, and reduction of juvenile delinquency. Grants were authorized for community-based juvenile delinquency prevention programming and correctional programs. 

1972 Juvenile Delinquency Prevention Act enacted. This Act was an extension of the Juvenile Delinquency Prevention and Control Act of 1971. Under the Act, HEW was to fund preventive programs outside the juvenile justice system. Efforts to combat delinquency within the juvenile justice system were to be assisted through the Omnibus Crime Control and Safe Streets Act by the Law Enforcement Assistance Administration. 

1973 Omnibus Crime Control and Safe Streets Act amended. The Act now specifically required that there be a juvenile delinquency component to the comprehensive State plan for the improvement of law enforcement and criminal justice. 

1974 Juvenile Justice and Delinquency Prevention Act of 1974 enacted. This Act provided, for the first time, a unified national program to deal with juvenile delinquency prevention and control within the context of the total law enforcement and criminal justice effort. 

Juvenile Justice and Delinquency Prevention Act-- Major Provisions/Amendments 1974 Juvenile Justice and Delinquency Prevention Act 1. Replaced Juvenile Delinquency Prevention and Control Act of 1968. 

2. Authorized for 3 years with budget authority of $350 million. 

3. Provided for discretionary and block grants. 

4. Created an Office of Juvenile Justice and Delinquency Prevention within LEAA, with the Runaway Youth Program (Title III) to be administered by HEW. 

5. Created a National Advisory Committee, a Federal Coordinating Council, a National Institute for Juvenile Justice and Delinquency Prevention; provided formula grants to States based on population under 18; and provided discretionary funds to support youth programs developed by public and private youth serving agencies. 

6. Mandated that States participating in Act: 3 - Remove status offenders within 2 years of enactment from secure detention and correctional facilities; - Not place juveniles in any institutions where they would have regular contact with adults convicted of criminal charges.