The Juvenile Justice (Care and Protection of Children) Act traces its origins to India's ratification of the UN Convention on the Rights of the Child (1989), which mandated special protections for children in conflict with law. The first comprehensive legislation, the Juvenile Justice Act, 1986, was replaced by the Juvenile Justice (Care and Protection) Act, 2000 to align with international standards. Major amendments came in 2006, 2011, and 2015 (following public outcry after the 2012 Delhi gangrape case involving a juvenile), introducing stricter provisions for serious offenses while maintaining rehabilitation as the core principle. The current 2015 Act classifies children into two categories: "Children in Conflict with Law" (CCL) and "Children in Need of Care and Protection" (CNCP). It establishes Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs) for case adjudication, promotes adoption and foster care, and mandates specialized child-friendly procedures. The Act emphasizes rehabilitation over punitive measures for minors, though it allows trying 16-18 year olds accused of heinous crimes as adults after psychological assessment.
Key Provisions:
Child Classification: Separate processes for CCL (Section 2(13)) and CNCP (Section 2(14)).
Institutions: JJBs (Section 4) for CCL cases; CWCs (Section 27) for CNCP cases.
Rehabilitation: Includes adoption (Section 56), foster care (Section 44), and sponsorship programs.
Special Provisions: Heinous crimes by 16-18 year olds may warrant trial as adults (Section 15) after assessment.
Child-Friendly Procedures: Prohibits cruel treatment (Section 21); mandates legal aid (Section 12).