The Juvenile Justice Board has established in ever district by the State Government under Section 4 of the Juvenile Justice (Care and Protection of Children)Act,2015 to exercise the powers and discharging its functions relating to children in conflict with law. As per Section 2(13) of the Act ,child in conflict with law means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence. The High Court and Children’s Court may exercise the same power of the Board if any proceedings come before them in the form of revision, appeal, etc. The Powers , Functions and responsibilities of the Board is mentioned in Section 8 of the same Act.
FUNCTIONS AND RESPONSIBILITIES OF THE BOARD
The functions and responsibilities of the board are as follows :
- To ensure the informed participation of child and the parent or the guardian in every step of the process.
- To ensure child’s rights are protected throughout the process of apprehending the child, inquiry, aftercare and rehabilitation.
- To ensure child’s rights are protected throughout the process of apprehending the child, inquiry, aftercare and rehabilitation.
- To ensure availability of legal aid for the child.
- To provide a qualified translator/interpreter by the board when the child fails to understand the language used in proceeding.
- To submit a social investigation report of the case within a period of fifteen days from the date of first production before the Board to ascertain the circumstances in which the alleged offence was committed. This investigation is directed to Probation Officer or in case a Probation Officer is not available to the Child Welfare Officer or a social worker.
- To adjudicate and dispose of cases of children in conflict with law in accordance with the process of inquiry specified in section 14 of the same act.
- Transferring to committee when the child in conflict with law to be a child in need of care and protection at any stage. Therefore, there is a need for the Committee and the Board to be both involved.
- To dispose the matter and passing a final order that includes an individual care plan for the child’s rehabilitation including follow up by the Probation Officer or the District Child Protection Unit or a member of a non-governmental organization as required.
- To conduct inquiry for declaring fit persons regarding care of children in conflict with law.
- To conduct at least one inspection visit every month of residential facilities for children in conflict with law and recommend action for improvement in quality of services to the District Child Protection Unit and the State Government.
- To order the police for registration of FIR for offences committed against any child in conflict with law and any child in need of care and protection under the Act or any other law on a complaint made.
- To order the police for registration of FIR for offences committed against any child in conflict with law and any child in need of care and protection under the Act or any other law on a complaint made.
- Any other function as may be prescribed.
Hence the Juvenile Justice Board aims to deal with such children in conflict with the law with special care and protection by providing proper care, protection, development, treatment,
social re-integration and by adopting a child-friendly approach in the adjudication
and disposal of matters in the best interest of children instead of treating them as criminals.
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