Juvenile Justice Boards are Indian quasi-judicial bodies that decide whether juveniles accused of a crime should be tried as an adult.[1][2]
History
editJuvenile Justice Boards were formed by State Governments[3] under the Juvenile Justice (Care and Protection of Children) Act, 2015.[4][5]
Members of the board and eligibility
editEach Juvenile Justice Board consists of one first-class judicial magistrate and two social workers at least one of whom is a woman.[6] They are paid an honorarium. Terms last two years for those of ages 35–65.[7] To qualify as a board member, the applicant should have been engaged for seven years in the areas of health, education or other child welfare activities or should be a qualified professional with a degree from an accredited Institute and practicing in Law, Sociology, Psychology, or Psychiatry relating to children.[8]
Functions
editJuvenile Justice Boards have the following functions:[9]
- To be informed of the details on the presence of children and their parents/guardians during the proceddings before the board.
- Ensure protection of children's rights during the course of legal proceedings.
- Provide a translator or interpreter if he/she is unable to understand the language used in legal proceedings.
- Ensure that proceedings are followed in accordance with section 14 of the Juvenile Justice Act.
- Any other functions assigned to the board as per the Juvenile Justice Act.
Pre-requisites for consideration as a minor
editThe Juvenile Justice Board considers the following circumstances before declaring any juvenile as minor:[10][11]
- Physical ability of the juvenile to commit alleged crime.
- Mental ability of the juvenile.
- Potential of the juvenile to analyse and understand crime consequences.
- Circumstances leading to the commitment of alleged offence.
Juveniles classified as adults may face serious punishments such as life imprisonment that are applicable for adult criminals.
Appeals
editAppeals against the Board's order can be made to the Children's Court. Subsequently, orders of the Children's court can be appealed in the High Court.[12]
Criticism
editThe Juvenile Justice Board has faced criticism in the trial of the 2012 Delhi gang rape and murder. The juvenile defendant Mohammed Afroz was not allowed to be trial as adult, with the JJB rejecting the plea of Delhi Police to conduct a bone ossification test.[13] Despite being labeled as the most brutal in the crime, he was subsequently sentenced to 3 years in a Juvenile Reform Facility, which earned criticism from activists and lawyers. [14][15] He was released in December 2015 after his term finished.[16]
Following the arrest of the minor accused Vedant Agarwal in the 2024 Pune Porsche hit-and-run, which led to the death of 2 software engineers in Pune, he was granted bail by the JJB and asked to write a 300 word essay. The decision earned a backlash and public outcry from political leaders and the general public. [17] Following the protests against the order, the bail was canceled and Agarwal was remanded back into custody of an observation home. Pune Police officials later moved to the Bombay High Court to try Agarwal as an adult.[18]
See also
editReferences
edit- ^ Ganotra, Komal (17 February 2016). "With no systems in place, we are taking away our children's right to justice". Scroll.in. Retrieved 18 October 2022.
- ^ "Juvenile Justice Boards (JJBs) - JournalsOfIndia". journalsofindia.com. 18 July 2022. Retrieved 19 October 2022.
- ^ "SC directs states to clear pendency in Juvenile Justice Boards: Another SLIC achievement towards ensuring child rights — SLIC". slic.org.in. 24 July 2015. Retrieved 18 October 2022.
- ^ More, Hemant (22 April 2020). "Juvenile Justice Board: Its constitution, powers, jurisdiction, and functions". The Fact Factor. Retrieved 18 October 2022.
- ^ "44 per cent apprehended juveniles out of 1,026 were acquitted in the last seven years: RTI reply". The Indian Express. 4 October 2022. Retrieved 18 October 2022.
- ^ "Juvenile Justice System of India- Jurisdiction of Courts and beyond". Law Insider India. 13 February 2022. Retrieved 18 October 2022.
- ^ "Applications invited for posts of Juvenile Justice Board members". The Hindu. 5 November 2021. Retrieved 18 October 2022.
- ^ "Applications invited for Juvenile Justice Board member posts". The Hindu. 16 March 2015. Retrieved 18 October 2022.
- ^ "Juvenile Justice Board - Indian Law Portal". indianlawportal. 22 July 2020. Retrieved 19 October 2022.
- ^ "Explained: How should JJBs decide on whether to try a child of 16 years as an 'adult'?". The Indian Express. 16 July 2022. Retrieved 19 October 2022.
- ^ "Why preliminary assessment is against the idea of juvenile justice". Times of India Blog. 7 October 2022. Retrieved 19 October 2022.
- ^ "JJ Act Section 101".
- ^ "Subramanian Swamy's plea for trying juvenile as adult accused dismissed". Hindustan Times. 24 January 2013. Archived from the original on 26 January 2013.
- ^ "Most brutal rapist declared minor, victim's kin outraged". Hindustan Times. 28 January 2013. Archived from the original on 28 January 2013.
- ^ "Nirbhaya gang-rape case: Juvenile found guilty of rape and murder". The Times of India. 31 August 2013. Archived from the original on 31 August 2013. Retrieved 31 August 2013.
- ^ S. W. Staff (5 May 2017). "Nirbhaya's 'Juvenile' Rapist Who Walked Free Last Year Is Reportedly Working As A Cook". ScoopWhoop. Archived from the original on 19 May 2020. Retrieved 11 June 2019.
- ^ Gautam, Aditi (22 May 2024). "Explained: Charges Against Pune Builder, Son Who Ran Over 2 With Porsche". NDTV.com. Retrieved 26 May 2024.
- ^ "Pune Porsche deaths: Police move higher court for trying accused minor as adult| Top updates". Hindustan Times. 2024-05-20. Retrieved 2024-05-26.