Offenders not to be handcuffed or jailed under revised JJ rules

“In such (heinous) offences, children shall be subject to preliminary assessment by the Juvenile Justice (JJ) Board with regard to their mental and physical capacity, ability to understand consequences of offence and the circumstances in which the offence is committed,” says the Draft Model Rules under the Juvenile Justice (Care and Protection of Children) Act, 2015, which came into effect from January 15, 2016.  The Model JJ Rules, 2016 will replace the Model Rules of 2007.

Women and Child Development Minister Maneka Sanjay Gandhi released the draft rules, detailing child-friendly procedures for the police, JJ Board and Children’s court to deal with minors in conflict with law. 

As per the revised  rules, a person aged between 16 and 18 years, in conflict with the law, will not be handcuffed or sent to jail or lock-up. Proper medical and legal aid will be provided to juvenile criminals and their parents/ guardians will be duly informed. 

“The Board and the Children’s Court are to look into the best interest of the child and his/ her rehabilitation and reintegration in society,” said Gandhi.

The rules were drafted by a multi-disciplinary committee, comprising a senior judge and advocates, members of JJ Board and Child Welfare Committee, representatives of state governments, mental health experts and civil society members. The draft rules uploaded on the Ministry’s website also invite suggestions and comments from all stakeholders.

The rules state every state government must set up at least one ‘place of safety’ for the rehabilitation of such children. The rules prescribe for extensive services to be provided to such children through regular monitoring. “The draft rules require the state government to prepare an aftercare scheme for providing education, giving employable skills and placement as well as providing places to stay to the juveniles till they join the mainstream of society,” the rules state.  

Several new offences have also been included in the Act such as sale and procurement of children, corporal punishment in childcare institutions, use of child by militant or adult groups, giving children intoxicating liquor or narcotic drug or psychotropic substance or tobacco products. 

The draft rules prescribe detailed procedures for determination of age of minor offenders. The JJ Board or Juvenile Justice Committee will determine the age of an offender within 30 days from the date of the submission of an application.  The new rules also have a provision for adoption and foster care. “Wherever medical opinion is required, same will be sought from a duly constituted medical board. All government hospitals have to constitute medical boards on a permanent basis for the purpose. Where medical boards give a range of age, the age of the child on lower side will be considered,” said a senior WCDofficial of the Ministry.