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

Also read: Child Marriage and Crimes against Women

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.

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