Lok Sabha Question No. 2689 (UNSTARRED), answered on 2020-03-06
Subject: Juveniles in Conflict with Law
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Pankaj Chowdhary

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA

## UNSTARRED QUESTION NO. †2689 TO BE ANSWERED ON 06.03.2020

## JUVENILES IN CONFLICT WITH LAW

## †2689.  SHRI PANKAJ CHAUDHARY:

Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:

- (a) whether the Government has formulated or proposes to formulate any plan for the prevention of juvenile delinquency and if so, the details thereof;
- (b) whether the Government is considering to review the Juvenile Justice (Care and Protection  of  Children)  Act,  2000  keeping  in  view  the  gravity  of  crimes  being committed by the juveniles in conflict with the law and if so, the details thereof; and
- (c) whether the Government has proposed to assign the responsibility of care and protection  of  juveniles  in  conflict  with  the  law  to  the  Ministry  of  Women  and Child Development instead of juvenile justice committee?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SRIMATI SMRITI ZUBIN IRANI)

(a) to (c): The  Ministry  of  Women  and  Child  Development  has  enacted  Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) which is the primary law for children  in  country.  The  Act  provides  a  security  net  of  service  delivery  structures including measures for institutional and non-institutional care to ensure comprehensive well  being  of  children  in  distress  situations.  As  per  Section  2  (13)  of  Juvenile  Justice (Care and Protection of Children) Act, 2015 (JJ Act),  'child in conflict with law' (CCL) means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence'. As per Section  8  (3)  ( g )  of  the  JJ  Act,  the  functions  and  responsibilities  of  the  Board  shall include as transferring to the Committee, matters concerning the child alleged to be in conflict  with  law,  stated  to  be  in  need  of  care  and  protection  at  any  stage,  thereby recognizing  that  a  child  in  conflict  with  law  can  also  be  a  child  in  need  of  care simultaneously and there is a need for the Committee and the Board to be both involved. Section 53 of the Act prescribes various rehabilitation and reintegration services to be provided in institutions for children. As per Section 3( vii ) of the JJ Act, all resources are to be mobilised including those of family and community, for promoting the well-being, facilitating development of identity and providing an inclusive and enabling environment, to  reduce  vulnerabilities  of  children  and  the  need  for  intervention  under  this  Act.  The primary  responsibility  of  execution  of  the  Act  lies  with  the  State  Governments/UT Administrations concerned.

The Juvenile Justice (Care and Protection of Children) Act, 2000 was repealed by Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) which has come into effect from 15.01.2016. Some  of the salient features of 'JJ Act' include categorisation of crime by children into petty, serious & heinous and special provisions to address heinous offences committed by children above the age of 16 years to act as a deterrent for child offenders committing such crimes.

Section 4 (1) of the JJ Act, provides that the State Government shall constitute for every district one or more JJBs for exercising the powers and discharging its functions relating to children in conflict with law.

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