- (1.) We have heard the learned counsel for the parties.
(2.) It has been brought to our notice that the Juvenile Justice (Care and Protection of Children) Act, 2000 has already come into force and the Rules have been framed thereunder but its provisions have not been implemented by most of the States.
(3.) According to the Statement of Objects and Reasons: "A review of the working of the Juvenile Act, 1986 would indicate that much greater attention is required to be given to children in conflict with law or those in need of care and protection. The justice system as available for adults is not considered suitable for being applied to a juvenile or the child. It is also necessary that the juvenile justice system must be easily accessible to a juvenile or the child or any one on their behalf including the police, voluntary organisations, social workers, or parents and guardians, throughout the country. There is also an urgent need for creating adequate infrastructure necessary for implementation of the proposed legislation with a larger involvement of informal systems specially the family, the voluntary organisations and the community. 2. In this context, a number of proposals have been made: (i) to lay down the basic principles for administering justice to a juvenile or the child in the Bill; (ii) to make the juvenile system meant for a juvenile or the child more appreciative of the developmental needs in comparison to criminal justice system as applicable to adults; (iii) to bring the juvenile law in conformity with the United Convention on the Rights of the Child; (iv) to prescribe a uniform age of eighteen years for both boys and girls; (v) to ensure speedy disposal of cases by the authorities envisaged under this Bill regarding juvenile or the child within a time-limit of four months; (vi) to spell out the role of the State as a facilitator rather than doer by involving voluntary organisations and local bodies in the implementation of the proposed legislation; (vii) to create special juvenile police units with a humane approach through sensitisation and training of police personnel; (viii) to enable increased accessibility to a juvenile or the child by establishing Juvenile Justice Boards and Child Welfare Committees and Homes in each district or group of districts; (ix) to minimise the stigma and in keeping with the developmental needs of the juvenile or the child, to separate the Bill into two parts - one for juveniles in conflict with law and the other for the juvenile or the child in need of care and protection; (x) to provide for effective provisions and various alternatives for rehabilitation and social reintegration such as adoption, foster care, sponsorship and aftercare of abandoned, destitute, neglected and delinquent juvenile and child.";