COURT SETS ASIDE ORDER TO TRY JUVENILE AS ADULT
10, Oct 2019
Prelims level : Polity & Governance- Rights Issues
Mains level : GS-II- Government Policies and Interventions for development in Various Sectors and issues arising out of their design and Implementation.
Why in News?
- A Delhi court has set aside the order of a Juvenile Justice Board (JJB) directing a Child in Conflict with Law (CCL) to face trial in a murder case as an adult.
Salient features of the Juvenile Justice Act 2015:
Children in conflict with the Law:
- It treats all the children below 18 years equally, except that those in the age group of 16-18 can be tried as adults if they commit a heinous crime.
- A child of 16-18 years age, who commits a lesser offence (a serious offence), may be tried as an adult if he is apprehended after the age of 21 years.
- A heinous offence attracts a minimum of seven years of imprisonment. A serious offence attracts three to seven years of imprisonment and a petty offence is treated with three-year imprisonment.
- No child can be awarded the death penalty or life imprisonment.
Children in need of care and protection:
- It calls for setting up of Child Welfare Committees (CWCs) in each district with a chairperson and four other members who have experience in dealing with children.
- The committee decides whether an abandoned child should be sent to care home or put up for adoption or foster care.
Juvenile Justice Boards:
- The Act mandates setting up of Juvenile Justice Boards (JJBs) in each district with a metropolitan magistrate and two social workers, including a woman.
- The JJBs will conduct a preliminary inquiry of a crime committed by a child within a specified time period and decides whether he should be sent to rehabilitation centre or sent to a children’s court to be tried as an adult.
- The board can take the help of psychologists and psycho-social workers and other experts to take the decision.