Year
2015
Full form
Juvenile Justice (Care and Protection of Children) Act (JJ Act), 2015
JJA replaced
has replaced the pre-existing Indian Juvenile Delinquency law, and Juvenile Justice (Care and Protection of Children) Act, 2000.
When received assent, came into force on
- 31 dec 2015, 15 Jan 2016
Individual risk and protective factors for juvenile delinquency
▪ Earlyantisocialbehaviour
▪ Emotionalfactorssuchaslowbehavioral
inhibitions
▪ Poor cognitive development
▪ Hyperactivity
▪ Poor academic performance
Protective
▪ Positive social skills
▪ Willingnesstopleaseadults ▪ HighIQ
▪ Religiousaffiliatio
Family risk and protective factors for juvenile delinquency
- Home discord
- abuse
- faulty parenting
- Largefamilysize
- Parental antisocial history
- Poverty
- Divorce
- Parental mental illness
- Teenage parenthood
- A high level of parent-childconflict
- low positive parental involvement
Protective
▪ Participation in activities with family (including siblings and parents)
▪ Providingaforumtodiscussproblems and issues with parents
▪ Availabilityofeconomicandother resources to help children have multiple positive experiences
▪ Thepresenceofanadult(withapositive outlook and hope for the child) in the family/extended family who can mentor and be supportiv
Peers risk and protective factors for juvenile delinquency
▪ Spending time with peers who engage in delinquent or risky behaviour
▪ Ganginvolvement
▪ Less exposure to positive social opportunities
because of bullying and rejection
Protective factors
▪ Positive and healthy friendships Engagement in healthy and safe activities with peers during leisure time (e.g., clubs, sports, other recreation)
School neighborhood and community risk and protective factors- juvenile delinquency
RISK
1. unsafe schools and those who fail to address the academic, social and emotional needs of children and youth
2. Low educational aspirations & social disorganization in the community
3. impoverished neighborhood
4. High crime neighborhoods
▪ protective
1. School addressing academic needs, their socio-emotional needs and learning
2. Schools with safe env
3. Acommunity/neighborhoodthat
promotes and fosters healthy activities for children and adolescents
(Hague Adoption Convention)
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption 1993
, JJA 2015 has three essential components
- Children who are in conflict with law
- Children who need care and protection
- Legal adoption procedures of children
JUVENILE DELINQUENCY
definition
is an act of committing a criminal offence by a person who has not completed 18 years of age. I
Extent of the problem
- 37.8% of all crimes involving juveniles were of offences affecting human body that includes hurt and grievous hurt (49.7%), rape (10.3%) and assault on women to outrage her modesty (10%).
- 37% of juvenile crimes were against property. Of them, theft constituted for 72.9% followed by burglary and robbery accounting for 17.8% and 5.8% respectively.
- Cases under the Protection of Children from Sexual Offences Act (POCSO), 2012 accounted for 51.2 % of the cases under Special and local law
PRELIMINARY ASSESSMENT
if a heinous offence allegedly has been done by a child < or = 16yr, Juvenile justice board does a prelim assessments for
1. mental and physical capacity to commit such offense
2. ability to understand the consequences of offence
3. circumstances in which it was done
a. not a trial
b. can be done by JJB/ psychiatrists, PSWS, psychologisys
c. principle of “presumption of innocence” i.e., any child shall be presumed to be an innocent of any mala fide (criminal intent) up to the age of 18 years.
d. to be done within 3 months
e.f the JJB concludes that a juvenile should be tried as an adult based on the preliminary assessment and owing to the nature of criminal allegations, then the JJB will pass an order that the child must tried as an adult assigning reason for the same
f. “fair trial”, a child- friendly atmosphere must be ensured looking into his or her special needs during the preliminary assessment
Three important documents crucial for preliminary assessment
- Social Investigation Report
- Social Background Report
- Preliminary Assessment
Social Investigation Report
info about details of crime, sociodemographic of child, psychosocial and relevant factors, parenting
Social Background report
statement of witnesses and other documents produced during the investigation by Child welfare Police officer, special juvenile police unit within one month of CCL produced to JJB
Preliminary assessment has to be weighed on the following five factors.
A Mental capacity
B Physical capacity
C Ability to understand the consequences of the offences
D The circumstances under which the alleged offence was committed
E Criminogenic factors
Role of mental health professional in preliminary assessment
ne as a forensic expert/specialist and the other as child or mental health specialist.
MHP as forensic expert
1, making assessment report
2. must understand the structure of JJB and CWC
3. identify stakeholders and communicate with them for needs and rights of children
4. seek background info from social investigate report
5. communicate regarding child’s treatment and follow up as required
Role as a clinician/child mental health specialist
To minimize risk factors by using various psychotherapeutic elements.
1. impulsivity
2. replacing avoidant coping with pro social coping like confrontation and help seeking
3. To improve social perspective-taking skills,
4.Critical reasoning to aid juveniles in the process of pro-social decision-making by challenging rigid and dichotomous thinking.
To increase protective factors
1. making right choices and planning
2. having non delinquent friends
3. meaningful daytime and appropriate leisure activity
4. good relationships with parents
5. skills training
6. positive parental involvement (positive parenting and parental rewards)
7. Positive feedback, behavioral exercises, homework assignments, and positive (parental) reinforcement
8. Techniques such as modeling, positive reinforcement, coaching, and role-playing are frequently used.
Role of a Psychiatrist in sensitization of stakeholders at individual and systems level
A. challenges
1. attitudinal barrier: paternalistic, preconceived notions and prejudices
2. judgement and levelling
3. Lack of experience and sense of inadequacy in handling CCL
B. Strategies
1. Childs dignity is no 1 priority
2. sensitise about complex interplay of child’s psyche and unmet environmental needs and its impact on behaviour
3. activity based learning > knowledge imparting
Role of a Psychiatrist in sensitization of stakeholders at community level
Barriers
1. Stigma, discrimination and marginalization of juvenile offenders
* Poor coordination and cooperation amongst schools, Panchayat, local NGOs and other
stakeholders
Strategies
1. school programs for teachers, parents, children
2. sensitise police personnel
3. training and capacity building of MHPS in assessment, reporting etc
4. training and capacity building of NGOs and DMHP teams
5. workshops for community leaders
6. integrating with RKSK
7. identify and target high risk communities
JJB
1. structure
The State Government shall constitute one or more Juvenile Justice Boards for every district, for exercising the powers and discharging its functions relating to CCL under JJA 2015.
A Board shall consist of
- One Metropolitan Magistrate or a Judicial Magistrate of First Class not being Chief Metropolitan Magistrate or Chief Judicial Magistrate with at least three years’ experience
* - Two social workers (at least one shall be a woman) who are actively involved in health, education, or welfare activities pertaining to children for at least seven years or a practicing professional with a degree in child psychology, psychiatry, sociology or law.
JJB ORDERS
- Orders regarding a child not found to be in conflict with law
- Orders regarding child found to be in conflict with law
a. allow to go home for advice, enquiry and counselling
b. direct to participate in group counselling
c. order to perform community service
d. fine
e. released on probation of good conduct , Max 3 yrs
f. to be kept in supervision in a facility
g. special home <3 yrs - JJB CANNOT order death sentence or life imprisonment without possibility of release
