Aiming to make society safer for children, the draft rules of the Juvenile Justice Act 2015 have brought into its ambit several new offences such as corporal punishment in child care institutions, use of a child by militant or adult groups, giving kids intoxicating liquor, narcotic drugs or tobacco products and sale and procurement of children for any purpose.
The draft rules, which were released by Women & Child Development Minister Maneka Gandhi on Wednesday, also ensure that no child between 16 and 18 years of age in conflict with law will be handcuffed or sent to jail or lock-up.
The rules also prescribe detailed-child friendly procedures for police, the Juvenile Justice Board (JJB) and Children’s Court to deal with children in conflict with law.
According to the draft rules, on receipt of information about cruelty to a child, the police shall register an FIR forthwith.
However, keeping in mind the heinous December 16 Nirbhaya rape case, the draft rules empower the police to register the FIR where the offence alleged to have been committed by the minor entails an imprisonment of seven years and more for adults, or when such offence is alleged to have been committed jointly with adults.
“The Board and the Children’s Court are to adhere to the principle of best interest of the child and the objective of rehabilitation and reintegration of the child in society,” Gandhi said, after releasing the draft rules.
According to the rules, every State Government is required to set up at least one ‘place of safety’ for the rehabilitation of such children.
It also prescribes detailed procedures for determination of age. The JJB or Juvenile Justice Committee will determine the age of the child within 30 days from date of submission of application.
“Wherever medical opinion is required, the same will be sought from a duly-constituted medical board for which all Government hospitals will constitute medical boards on a permanent basis. Where medical boards give a range of age, the age of the child on the lower side will be considered in order to give benefit to the child,” the official said.
“The Children’s Court will interact with the child in order to evaluate whether the child has undergone reformative changes and if the child can be a contributing member of society. The court and Board will keep in mind the principle of best interest of the child and the objective of rehabilitation and reintegration of the child in society,” a senior Ministry official explained.
The draft rules submitted by the committee were reviewed by the Ministry and, after a thorough review, comments have been invited on the draft rules from all stakeholders, the official said.