The Juvenile Justice (Care and Protection of Children) Act, 2015, is a comprehensive legislation in India designed to provide care, protection, treatment, and rehabilitation for children in conflict with the law, as well as those in need of care and protection. The Act aims to treat juveniles with a focus on their well-being and reintegration into society, rather than mere punishment. It lays down procedures and guidelines for handling cases involving minors to ensure their rights are upheld, and their developmental needs are addressed.
To file a case under the Juvenile Justice (Care and Protection of Children) Act, 2015, follow these detailed steps:
- Familiarise yourself with the provisions of the Juvenile Justice Act, which deals with two categories of children: Children in Conflict with Law or those who have committed an offence and children in Need of Care and Protection or those requiring assistance due to neglect or abuse.
- Determine whether your case involves a child in conflict with the law or a child in need of care and protection.
- For children in conflict with the law, the Juvenile Justice Board (JJB)is the relevant authority.
- For children needing care and protection, the Child Welfare Committee (CWC) is responsible
- Gather relevant documents and information, including: details of the child (name, age, address), nature of the offence or circumstances necessitating care, any evidence or witness statements supporting your case.
- For Children in Conflict with Law, file a complaint with the police or directly approach the JJB. The police must produce the child before the JJB within 24 hours of apprehension.
- For Children in Need of Care: Submit an application to the CWC detailing the child’s situation. Include all relevant information and documents.
- Both the JJB and CWC will conduct hearings.
- Ensure to attend all scheduled hearings.
- Present your case clearly, providing any evidence or witness testimonies.
- After the hearings, the JJB or CWC will issue orders regarding the child’s rehabilitation, care, or any legal consequences.
- Ensure compliance with these orders and follow up as necessary.
- If you are dissatisfied with the decision, you can appeal to the Children’s Court within 30 days of the order.
Filing a case under the Juvenile Justice Act is a process aimed at safeguarding the rights of children and ensuring their proper care, rehabilitation, and reintegration into society. The Act emphasises a child-centric approach, ensuring that minors are treated with empathy and fairness, focusing on their future well-being. It underscores the importance of treating juveniles as individuals who need guidance and support, rather than as mere offenders.
