Juvenile Delinquency & Juvenile Justice Act

Refers to a large variety of disapproved behavior of children & adolescent which the society does not approve of, & for which some kind of punishment or corrective measure is justified in the public interest.

It covers a multitude of different violations of legal and social norms, from minor offences to serious crimes, committed by juveniles.

Causes – Personality Traits – Feeling of insecurity, fear, lack of self-control, emotional conflict etc. + Broken homes, relations between parents + School and Peer group relations + Movies – Cinema and Television, Music. 

Consequences based on past records of Juvenile Delinquency

• Lack of good economic opportunities and stable future.
• Low social status, may be looked down upon by the society
• Increase in crime rates – present delinquencies if not corrected may fuel further cases of unacceptable behavior

Juvenile Justice (Care and Protection of Children) Act, 2015

• Addresses children in conflict with law and children in need of care and protection
• Special provisions for offenders committing heinous offences in the age group of 16-18 years
• Juvenile Justice Boards (JJB) and Child Welfare Committees (CWC) will be constituted in each district

• CWC will determine institutional care for children in need of care and protection
• JJB will conduct a preliminary inquiry to determine whether a juvenile offender is to be sent for rehabilitation or be tried as an adult

• CARA was given statutory status to enable it to perform its function more effectively – would help in streamlining adoption procedures children
• Offences committed against children under this law –

• use of child by militant groups,
• offences against disabled children
• Kidnapping and abduction of children
• sale and procurement of children for any purpose including illegal adoption, corporal punishment in child care institutions

Critical Analysis 

• Juvenile homes in India are yet to acquire the expertise to undertake activities like counselling, behaviour modification therapy and psychiatric support
• Critics argue that the current law does not act as deterrence for juveniles committing heinous crimes
• Activists cite the evidence of adult prisons not offering a reformatory experience for inmates
• Violates the UN Convention on the Rights of the Child to treat every child under the age of 18 as equal

Adoption Regulations 2017 by CARA 

Adoption is a solution for both childless couples and the homeless children. It can be an alternative option to surrogacy which is considered to be exploitative.

• Intercountry and intra-country adoption procedures have been defined clearly
• CARA will report & facilitate all adoptions under the JJ Act, 2015
• For safeguards, CARA would maintain adoption records and ensure post-adoption follow up
• Currently only biological parents or adoptive parents are recognized leaving out the step parent of any legal responsibility. The regulation Defines the step parent legally
• Allows birth certificate of the adopted child to have adoptive parents name on it.
• District Child protection Unit
• Couples with more than three children shall not be eligible for adoption except in special needs
• It makes the adopted children legal heirs in matters of inheritance of property

These regulations will help in streamlining the process of adoption, & will lay timelines for stakeholders to clear the adoption procedure, along with enforcement powers.