Juvenile Justice Board

The Juvenile Justice System is radically different from the Criminal Justice System in view of the fact that the Juvenile Justice System aims to make the juvenile in conflict with the law as a useful member of the society and thus to rehabilitate them.

Section 27 of the Code Of Criminal Procedure, 1973 discusses the jurisdiction in the case of juveniles. It lays down that “Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders.

Now, such an offender is tried under the Juvenile Justice (Care and Protection) Act, 2015. It is very surprising that though CrPC was amended in the year 2005, sec.27 was not amended or altered to bring in conformity with the existing juvenile legislation. Therefore, this provision of CrPC has become redundant.

In Ram Singh v. State of Haryana, (2000) 6 SCC 759 case, The Supreme Court held that juvenile legislation shall be supreme in juvenile cases, no matter the nature of the offence committed. Furthermore, to avoid any doubt in this respect, sec. 1(4) of Juvenile Justice (Care and Protection) Act, 2000 states ―notwithstanding anything contained in any other law for the time being in force the provisions of this Act shall apply to all cases involving detention, prosecution, penalty or sentence of imprisonment of juveniles in conflict with law under such other law.

Various stakeholders like the Police, the Probation Officer, the Juvenile Justice Board, the NGOs, Advocates, Legal Services Authority, State Government, Central Government and others have been involved in the Juvenile Justice System. Their function and role in the Juvenile Justice Delivery Mechanism is critical. In this article we shall study about Juvenile Justice Board.

Juvenile Justice Board:

Chapter II of the Act deals with Juvenile in conflict with the law. Section 4 of the Act deals with the Juvenile Justice Board.

4. Juvenile Justice Board.-

1. Notwithstanding anything contained in the Code of Criminal Procedure, 1973,.(2 of 1974) the State Government may, within a period of one year from the date of commencement of the Juvenile Justice (Care and Protection of 3 Children) Amendment Act, 2006, by notification in the Official Gazette, constitute for every district, one or more Juvenile Justice Boards for exercising the powers and discharging the duties conferred or imposed on such Boards in relation to juveniles in conflict with law under this Act.

2. A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of the first class, as the case may be, and two social workers of whom at least one shall be a woman, forming a Bench and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class and the Magistrate on the Board shall be designated as the principal Magistrate.

3. No Magistrate shall be appointed as a member of the Board unless he has special knowledge or training in child psychology or child welfare and no social worker shall be appointed as a member of the Board unless he has been actively involved in health, education, or welfare activities pertaining to children for at least seven years.

4. The term of office of the members of the Board and the manner in which such member may resign shall be such as may be prescribed.

5. The appointment of any member of the Board may be terminated after holding inquiry, by the State Government, if –

i. he has been found guilty of misuse of power vested under this Act,

ii. he has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or has not been granted full pardon in respect of such offence.

iii. he fail to attend the proceedings of the Board for consecutive three months without any valid reason or he fails to attend less than three-fourth of the sittings in a year.

Constitution of Board:

The Amendment made to Juvenile Justice Act, 2000, in the year 2006 mandates the constitution of a Juvenile Justice Board in every District. The Board should consist of (a) Principal Magistrate and (b) two Social Workers of whom at least one shall be a woman.

Qualification for Principal Magistrate:

Principal Magistrate must be a Metropolitan Magistrate or a Judicial Magistrate of the first class (though practically the division between first class and second class has been erased) having special knowledge or training in child psychology and child welfare.

Qualifications for Social Workers:

• who has been actively involved in health, education, or welfare activities pertaining to children for at least seven years;
• not less than 35 years of age;
• who has a post-graduate degree in social work, health, education, psychology, child development or any other social science discipline;
• should not: (a) have been convicted under any law; (b) have indulged in child abuse or employment of child labour or any other human rights violations or immoral act; (c) be holding such other occupation that does not allow him to give the necessary time and attention to the work of the Board;
• selected by a Selection Committee headed by a retired High Court Judge;

Tenure of the Members of Board:

General tenure is three years. Members of the Board can be appointed for a maximum of two consecutive terms.

Termination of Member of the Board:

• Out of three members of the Juvenile Justice Board, the Principal Magistrate being a judicial officer, the service conditions are governed by relevant State Judicial Service Rules.
• With regard to the Members of the Board, the aspect of termination will be decided by the State Government, after holding an inquiry, if – (i) He has been found guilty of misuse of power vested under this Act or (ii) He has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or he has not been granted a full pardon in respect of such offence or (iii) He fails to attend the proceedings of the Board for consecutive three months without any valid reason or he fails to attend less than three-fourth of the sittings in a year

Allowances:

• Principal Magistrate being a judicial officer, pay and allowances are governed by relevant State Judicial Service Rules.
• The social worker members of the Board shall be paid a minimum of Rs.500/- per sitting.

Jurisdiction:

The Juvenile Justice Board has exclusive jurisdiction to deal with Juvenile in conflict with law notwithstanding any other law for the time being in force. The powers that could be exercised by the Juvenile Justice Board can be exercised by the High Court or the Court of Sessions while dealing with appeals / revision.

In Sant Das Vs. State of U.P, 2003 CriLJ 3424 case, the Court held that where Juvenile Justice Board is not constituted, the Magistrate concerned has jurisdiction to deal with cases of juvenile and appeal will go before the Sessions Judge.

In Nanlabhai Kukabhai Rathwa v. State of Gujarat 2005 (33) AIC 572 (Guj) case, the Court held that if a juvenile is tried by the Sessions Court in ignorance of the fact that he is a juvenile, the trial would stand vitiated.

Working of Board:

5. Procedure etc. in relation to Board.-

1. The Board shall meet at such times and shall observed such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed.

2. A child in conflict with law may be produced before an individual member of the Board, when the Board is not sitting.

3. A Board may act notwithstanding the absence of any member of the Board, and no order made by the Board shall be invalid by reason only of the absence of any member during any stage of proceedings;

Provided that there shall be at least two members including the principal Magistrate present at the time of final disposal of the case (4) In the event of any difference of opinion among the members of the Board in the interim or final disposition, the opinion of the majority shall prevail, but where there is no such majority, the opinion of the principal Magistrate shall prevail.

Even though the Juvenile Justice Board consists of three members, when the Board is not sitting, the juvenile shall be produced before any single member of the Board, who is empowered to pass all appropriate orders except final disposal88. Any such order shall be ratified by the Board in the next meeting89. However, 2 members including Principal Magistrate can pass final order

In the event of any difference of opinion among the members of the Board in the interim or final disposition, the opinion of the majority shall prevail. Where there is no such majority, the opinion of the Principal Magistrate shall prevail

Working Conditions:

Rules for Selecting Premises (Rule 9 (1) & (2) of the 2007 Rules):

• Proceedings to be held in the premises of an Observation Home or in its proximity.
• Not to be held within any court premises.
• The premises shall be child-friendly and shall not look like a courtroom.
• The board shall not sit on a raised platform.
• There shall be no witness box.

Rules of Meeting (Rule 9 (3), (4) & (5) of the 2007 Rules):

• The board shall meet on all working days of a week unless the case pendency is less in a particular district and concerned authority issues an order in this regard.
• A minimum of three-fourth attendance of the Chairperson and Members of the Board is necessary in a year.
• Every member of the Board shall attend a minimum of five hours per sitting.

Infrastructure (Rule 83 of the 2007 Rules):

Infrastructure The Juvenile Justice Board should have the following minimum infrastructure facilities:-

• A Board Room,
• Waiting room for children,
• A room for Principal Magistrate and Members,
• A record room, · Room for Probation Officers,
• Waiting room for parents and visitors,
• Safe drinking water facility and toilets,
• Steno-typist or computer operator,
• Peon,
• Safai karamchari.

Functions of the Board:

The following are the functions of the Juvenile Justice Board, as per Rule 10 of the 2007 Rules:-

• To adjudicate and decide cases of a juvenile in conflict with the law;
• Take cognizance of crimes committed under section 23 to 28 of the Act
• Monitor Institutions for juveniles in conflict with the law
• Deal with non-compliance on the part of concerned government functionaries or functionaries of voluntary organizations
• Direct District authority and Police to provide necessary infrastructure or facilities so that minimum standards of justice and treatment are maintained in the spirit of the Act
• Maintain liaison with the Child Welfare Committee in respect of children needing care and protection
• Liaison with Boards in other districts to facilitate speedy inquiry and disposal of cases through due process of law;
• Send quarterly information about juveniles in conflict with law produced before them to the District and State Child Protection Unit, State Government and Chief Judicial Magistrate or Chief Metropolitan Magistrate
• Grant permission to visit the premises of an Institution.

Powers of Juvenile Justice Board

6. Powers of Juvenile Justice Board.-

1. Where a Board has been constituted for any district, such Board shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act, have power to deal exclusively with all proceedings under this Act relating to juvenile in conflict with law.

2. The powers conferred on the Board by or under this Act may also be exercised by the High Court and the court of Session, when the proceedings comes before then in appeal, revision or otherwise.

Juvenile Justice Act has an overriding effect and all offences including offences under the NDPS Act, Arms Act, SC/ST Prevention of Atrocities Act allegedly committed by a juvenile has to be inquired into by the Board and not by the Courts constituted under the respective special enactments. (Raj Singh vs. State of Haryana: 2000 (6) SCC 759; Mohd. Irsahd vs. State (Delhi) : 2006 (134) DLT 507; State vs. Harshad (Kant.): 2005 CriLJ 2357; Ex. General Ajit Singh vs. UOI (Delhi): 2004 (110) DLT 326; Ratan Lal vs. State (Raj): 2004 CrLJ 734; Manish Tyagi Vs. State of U.P. : 2007 CriLJ 3165)