Wikipedia

Juvenile Justice Board

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 edit

Juvenile 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 edit

Each 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 edit

Juvenile 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 edit

The 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 edit

Appeals 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]

See also edit

References edit

  1. ^ 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.
  2. ^ "Juvenile Justice Boards (JJBs) - JournalsOfIndia". journalsofindia.com. 18 July 2022. Retrieved 19 October 2022.
  3. ^ "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.
  4. ^ More, Hemant (22 April 2020). "Juvenile Justice Board: Its constitution, powers, jurisdiction, and functions". The Fact Factor. Retrieved 18 October 2022.
  5. ^ "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.
  6. ^ "Juvenile Justice System of India- Jurisdiction of Courts and beyond". Law Insider India. 13 February 2022. Retrieved 18 October 2022.
  7. ^ "Applications invited for posts of Juvenile Justice Board members". The Hindu. 5 November 2021. Retrieved 18 October 2022.
  8. ^ "Applications invited for Juvenile Justice Board member posts". The Hindu. 16 March 2015. Retrieved 18 October 2022.
  9. ^ "Juvenile Justice Board - Indian Law Portal". indianlawportal. 22 July 2020. Retrieved 19 October 2022.
  10. ^ "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.
  11. ^ "Why preliminary assessment is against the idea of juvenile justice". Times of India Blog. 7 October 2022. Retrieved 19 October 2022.
  12. ^ "JJ Act Section 101".
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