The Juvenile Justice (Care and Protection of Children) Act, 2015, a comprehensive piece of legislation designed to protect the rights of children, inadvertently leaves a significant legal gap regarding the placement of juvenile offenders (Child in Conflict with Law) who age out of the Act's provisions.
The Act meticulously categorizes children into various age groups and prescribes specific types of homes for their placement. However, a perplexing situation arises when a child, initially categorized as a ‘Child in Conflict with Law’, crosses the age of 21 years during the course of legal proceedings.
The Legal Labyrinth
Consider these two scenarios:
- Ageing During Apprehension: A 17yearold child commits an offense. At the age of 22, that “Child in Conflict with Law” is apprehended and produced before the Juvenile Justice Board for a "Home Order."
- Ageing During Trial: A 17yearold child commits an offense but the trial of that “Child in Conflict with Law” concludes at the age of 22, and the Board issues a judgment under Section 18(g).
In both instances, the Act's provisions for placement in "Place of Safety" (up to 21 years) and "Special Home" (up to 18 years) become inapplicable. This leaves the Juvenile Justice Board in a quandary, devoid of clear legal guidance on where to place such ‘Child in Conflict with Law’.
A Call for Legislative Intervention
To address this legal lacuna, a timely amendment to the Juvenile Justice Act,2015 is imperative. The amendment should introduce a new category of Correctional facility specifically designed to accommodate aged juvenile offenders (‘child in conflict with law’). This facility would provide a structured environment conducive to rehabilitation and reintegration into society
By taking such a proactive step, the legislature can ensure that the rights and wellbeing of these individuals are protected, while also addressing societal concerns related to public safety