The Supreme Court has come up with guidelines for the Juvenile Justice Act deciding whether juveniles aged between 16 and 18, accused of heinous offences can be secure like adults.
The a Juvenile Justice Act 2015 has been passed by Parliament of India amidst the instense controversy, debate and protest on many of its provisions by child Right Fraternity.
As per the Supreme Court it is “delicate task” of deciding whether juveniles aged between 16 and 18, accused of heinous offences such as murder, can be tried like adults. But there is no specific framework laid down for the Juvenile Justice Board(JJB) for making decision in the matter.
Some of the suggestions made by the Supreme Courts:
Juvenile Justice Board which conducts the assessment of the child should have at least one child psychologist.
National Commission for Protection of Child Rights (NCPCR) to consider issuing guidelines or directions in this regard. It has Statutory body created under Commissions for Protection of Child Rights (CPCR) Act, 2005. This department works under Ministry of Women & Child Development, Government of India.
The vital main objective of the commission is to ensure implementation of laws, policies, provisions enacted for welfare of children. Another objective is to ensure that all Laws, Policies, Programmes, and administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the child.
According to the law, child below 18 years is considered as Juvenile. It also classify into two types such as: Juveniles who are in Conflict with law and Juveniles who are in protection of law. The Juvenile protection of law also monitor the well being of the adopted child.
