J.J. ACT, 2015- Sources/ purposes

The JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 (hereinafter referred as the “The JJ Act”) was enacted on 31-12-2015. The Act came into force on 15-01-2016. The Act has total 112 sections.

(1) International Obligations

        Article 51(c) of the Indian Constitution provides, inter alia, that the State shall endeavour to foster respect for international law and treaty obligations.

        In line with Article 51(c), the Government of India has acceded on the 11^th December, 1992 to the Convention on the Rights of the Child (CRC), adopted by the General Assembly of United Nations (UNGA), which has prescribed a set of standards to be adhered to by all State parties in securing the best interest of the child.

        Further, the Convention on the Rights of the Child, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (the Beijing Rules), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990), the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (1993), and other related international instruments are important sources of extant JJ Act, 2015.

(2) Constitutional Source

In consonance with the provisions of the Constitution as conferred under clause (3) of article 15, clauses (e) and (f) of article 39, article 45 and article 47, the State has to ensure that all the needs of children are met and that their basic human rights are fully protected.

(3) Purpose of the JJ Act, 2015

• Consolidation/Amendment: to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection .

• Interest of Children: Catering basic needs of the children through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children;

• Rehabilitation: Rehabilitation of juveniles through processes provided, and institutions and bodies established, herein under and for matters connected therewith or incidental thereto.

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Compiled by team LegalMines.