Juvenile Justice Board Explained

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

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

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

Juvenile Justice Boards have the following functions:[9]

Pre-requisites for consideration as a minor

The Juvenile Justice Board considers the following circumstances before declaring any juvenile as minor:[10] [11]

Juveniles classified as adults may face serious punishments such as life imprisonment that are applicable for adult criminals.

Appeals

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]

Criticism

The 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

Notes and References

  1. News: Ganotra . Komal . 17 February 2016 . With no systems in place, we are taking away our children's right to justice . Scroll.in . 18 October 2022.
  2. News: 18 July 2022 . Juvenile Justice Boards (JJBs) - JournalsOfIndia . journalsofindia.com . 19 October 2022.
  3. News: SC directs states to clear pendency in Juvenile Justice Boards: Another SLIC achievement towards ensuring child rights — SLIC . 18 October 2022 . slic.org.in . 24 July 2015 . en.
  4. News: More . Hemant . Juvenile Justice Board: Its constitution, powers, jurisdiction, and functions . 18 October 2022 . The Fact Factor . 22 April 2020.
  5. News: 4 October 2022 . 44 per cent apprehended juveniles out of 1,026 were acquitted in the last seven years: RTI reply . en . The Indian Express . 18 October 2022.
  6. News: Juvenile Justice System of India- Jurisdiction of Courts and beyond . 18 October 2022 . Law Insider India . 13 February 2022.
  7. News: Applications invited for posts of Juvenile Justice Board members . 18 October 2022 . The Hindu . 5 November 2021 . en-IN.
  8. News: Applications invited for Juvenile Justice Board member posts . 18 October 2022 . The Hindu . 16 March 2015 . en-IN.
  9. News: Juvenile Justice Board - Indian Law Portal . 19 October 2022 . indianlawportal. . 22 July 2020 . en.
  10. News: Explained: How should JJBs decide on whether to try a child of 16 years as an ‘adult’? . 19 October 2022 . The Indian Express . 16 July 2022 . en.
  11. News: Why preliminary assessment is against the idea of juvenile justice . 19 October 2022 . Times of India Blog . 7 October 2022.
  12. Web site: JJ Act Section 101 .
  13. Web site: Subramanian Swamy's plea for trying juvenile as adult accused dismissed . Hindustan Times . 24 January 2013 . dead . https://web.archive.org/web/20130126212008/http://www.hindustantimes.com/India-news/NewDelhi/Subramanian-Swamy-s-plea-for-trying-juvenile-as-adult-accused-dismissed/Article1-999187.aspx . 26 January 2013 .
  14. Web site: Most brutal rapist declared minor, victim's kin outraged . Hindustan Times . 28 January 2013 . dead . https://web.archive.org/web/20130128234008/http://www.hindustantimes.com/News-Feed/Chunk-HT-UI-IndiaSectionPage-DelhiGangrape/Delhi-gangrape-sixth-accused-declared-a-minor-by-board/Article1-1002908.aspx . 28 January 2013 .
  15. News: Nirbhaya gang-rape case: Juvenile found guilty of rape and murder. 31 August 2013. The Times of India. 31 August 2013. https://web.archive.org/web/20130831170638/http://timesofindia.indiatimes.com/city/delhi/Nirbhaya-gang-rape-case-Juvenile-found-guilty-of-rape-and-murder/articleshow/22183253.cms. 31 August 2013. live.
  16. News: S. W. Staff . Nirbhaya's 'Juvenile' Rapist Who Walked Free Last Year Is Reportedly Working As A Cook . 11 June 2019 . ScoopWhoop . 5 May 2017 . en . 19 May 2020 . https://web.archive.org/web/20200519105859/https://www.scoopwhoop.com/meanwhile-heres-how-the-juvenile-rapist-of-nirbhaya-is-spending-his-life/ . live .
  17. Web site: Gautam . Aditi . 22 May 2024 . Explained: Charges Against Pune Builder, Son Who Ran Over 2 With Porsche . 26 May 2024 . NDTV.com.
  18. Web site: 2024-05-20 . Pune Porsche deaths: Police move higher court for trying accused minor as adult Top updates . 2024-05-26 . Hindustan Times . en.

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