Powers and Functions of the Juvenile Justice Board

The Juvenile Justice (Care and Protection of Children) Act, 2015, commonly referred to as the Juvenile Justice Act, 2015, is a landmark legislation that redefined how children in conflict with law are treated in India. It replaced the earlier Juvenile Justice Act, 2000, with the objective of strengthening child rights and focusing on reformative justice rather than punishment. 

The Juvenile Justice Board (JJB) plays a crucial role under this Act. It is the institutional body that deals exclusively with cases involving children in conflict with law. 

Background and Constitutional Context

India’s Constitution provides a firm basis for the protection and welfare of children. Articles 15(3), 39(e), 39(f), 45, and 47 particularly lay down the responsibility of the State to safeguard children’s rights, ensure their healthy development, and protect them from exploitation. The Juvenile Justice Act, 2015 draws upon these constitutional provisions and incorporates international obligations, such as the United Nations Convention on the Rights of the Child (UNCRC), which India ratified in 1992.

The Juvenile Justice Act, 2015 was introduced after a national debate was sparked by serious crimes committed by juveniles, most notably the Nirbhaya case. While the previous law labelled such juveniles simply as offenders, the 2015 Act shifts focus to rehabilitation and reform, ensuring the best interest of the child remains paramount.

Constitution of the Juvenile Justice Board

The Juvenile Justice Board is constituted under Section 4 of the Juvenile Justice Act, 2015. It is established by the State Government for each district or group of districts, depending on local requirements.

The composition of the Board is as follows:

• Principal Magistrate: This is a Metropolitan Magistrate or Judicial Magistrate of First Class with a minimum of three years’ experience. Notably, the Chief Metropolitan Magistrate or Chief Judicial Magistrate cannot be appointed as the Principal Magistrate of the Board.
• Two Social Workers: One of these must be a woman. Both members must have at least seven years’ active involvement in child welfare, education, or health activities, or be professionals with qualifications in child psychology, psychiatry, sociology, or law.

The Board thus combines judicial authority with social welfare expertise. The Board functions as a bench of three members – the Principal Magistrate and the two social workers. This blend ensures that the adjudication process considers the legal, psychological, and social dimensions of the child’s situation.

Eligibility and Training of Members

The Juvenile Justice Act, 2015 specifies eligibility criteria for members of the Board to maintain its integrity and effectiveness.

A person is disqualified from being a member if they:

• Have been found guilty of human rights or child rights violations.
• Have a criminal conviction involving moral turpitude which has not been overturned or pardoned.
• Have been removed or dismissed from government service.
• Have indulged in child abuse, child labour, or any immoral acts.

Further, the State Government is responsible for providing mandatory induction training to all members within 60 days of their appointment. This training sensitises them to child rights, the legal framework, and child-friendly procedures.

Members serve a term as prescribed by the State Government and can resign by giving written notice. Their appointment may be terminated if they misuse powers, remain absent without valid reasons for an extended period, or become ineligible under the Act’s provisions.

Powers of the Juvenile Justice Board

The JJB holds substantial statutory powers to discharge its duties effectively.

1. Bharatiya Nagarik Suraksha Sanhita (BNSS) Powers: Under Section 18 of the Juvenile Justice Act, the Board has all the powers of a Metropolitan Magistrate or Judicial Magistrate of First Class as conferred by the Bharatiya Nagarik Suraksha Sanhita, 1973. This includes summoning witnesses, recording evidence, and issuing warrants.
2. Preliminary Assessment for Heinous Offences: Section 15 empowers the Board to conduct a preliminary assessment when a child between sixteen and eighteen years of age is alleged to have committed a heinous offence. The assessment examines the child’s mental and physical capacity to commit the offence, ability to understand its consequences, and the circumstances of the offence. The Board must complete this assessment within three months from the date the child is first produced before it.
3. Exclusive Jurisdiction: The Board alone has jurisdiction over cases involving children in conflict with law in its district. This jurisdiction is exclusive, and any order passed by a magistrate who is not properly constituted as a JJB is void ab initio, as affirmed by courts.
4. Inquiry and Order-Making: The Board conducts inquiries as per Sections 17 and 18 of the Act and may pass orders including probation, community service, or placement in a fit institution, with the aim of rehabilitation.

Procedural Safeguards and Responsibilities

The Juvenile Justice Act mandates that all proceedings before the Board be conducted in a child-friendly and non-intimidating environment. This ensures that children are not traumatised or scared during the process.

If a child in conflict with law is produced before a magistrate not authorised as a JJB member, that magistrate must record the opinion and send the child without delay to the competent Board along with the case records. Moreover, if the question of age arises before any court, the court must inquire into the child’s age by examining relevant evidence and forward the case to the JJB if the child is found to be under 18 years of age.

Functions of the Juvenile Justice Board

The JJB’s functions extend beyond mere adjudication to encompass protection of rights, rehabilitation, and oversight.

1. Ensuring Guardian Participation: The Board must ensure the child’s guardian or parent is informed and involved at every stage, thereby supporting the child through the process.
2. Protection of Child’s Rights: The Board safeguards the child’s rights from arrest through rehabilitation. The child cannot be placed in police lock-ups or adult jails.
3. Provision of Legal Aid: Children often lack resources or knowledge to engage legal counsel. The Board ensures access to legal aid through recognised legal services institutions.
4. Interpreter Services: Where the child does not understand the language used in proceedings, the Board arranges for an interpreter or translator.
5. Social Investigation: The Board directs probation officers or social workers to conduct social investigations and submit reports within 15 days, which inform the Board’s decisions.
6. Adjudication of Cases: The Board conducts inquiries and disposes of cases in accordance with the procedure set out in Section 14 of the Act, ensuring speedy and fair trials.
7. Transfer to Child Protection Committee: If the child is found to be in need of care and protection rather than in conflict with law, the Board transfers the case to the Committee responsible for child welfare.
8. Final Orders with Care Plans: The Board passes orders which include individual care and rehabilitation plans tailored to the child’s needs, involving follow-up from probation officers, child protection units, or NGOs.
9. Assessment of Caregivers: The Board conducts inquiries to determine the fitness of persons or institutions proposed to take care of children.
10. Inspection of Institutions: The Board conducts monthly inspections of observation homes and special homes where children are placed, and makes recommendations to improve service quality.
11. Ensuring Police Accountability: The Board has the power to direct police to register FIRs if offences are committed against children in conflict with law.
12. Oversight of Detention Facilities: The Board regularly inspects adult jails to ensure no child is kept there, arranging immediate transfer to observation homes if any child is found detained.
13. Additional Functions: The Board performs any other functions as prescribed by law to protect and rehabilitate children.

Placement and Treatment of Children

The Juvenile Justice Act recognises two categories relating to the age of children involved in offences:

• Children who turn 18 during the inquiry process continue to be treated as juveniles until the inquiry concludes.
• Adults arrested for offences committed while they were under 18 must be treated as juveniles throughout the inquiry.

If bail is denied, the child is placed in a “place of safety,” which is a specially designated institution ensuring care and protection.

Conclusion

The Juvenile Justice Board is the cornerstone of India’s child justice system. Its composition ensures the presence of judicial officers and social workers, making it uniquely equipped to address the complex needs of children in conflict with law. With extensive powers derived from the Juvenile Justice Act, 2015, and procedural safeguards to protect the child’s interests, the JJB functions as a rehabilitative forum rather than a punitive one. The Board’s responsibilities are far-reaching, from conducting inquiries, protecting rights, ensuring legal aid, to overseeing rehabilitation and care institutions.