Abstract
ABSTRACTThe Juvenile Justice (Care and Protection of Children) Act 2015 was passed by the Parliament of India amidst intense controversy, prolonged debates and street protests by child rights groups, as well as some members of Parliament. This legislative note gives an overview of the background and processes that led to the passing of this Act. It discusses the positive provisions in the Act, like change in nomenclatures to remove negative connotations, inclusion of several new definitions such as orphaned, abandoned and surrendered children, setting timelines for inquiry by the Juvenile Justice Board, streamlining procedures for adoption, inclusion of new offences committed against children and mandatory registration of Child Care Institutions. It discusses the controversial provision of “transferring” children between 16 and 18 years accused of “heinous offences” to the adult criminal justice system. It gives recommendations for law reform and better implementation of the law.
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