Date: SAT,Aug20,2016 at 4:54 PM
Dear sir
What
are the general principles to be followed in administration of Juvenile Justice
(Care and Protection of Children) Act, 2015?
Dear Ramesh Garu
Please
find answer as bellow
As
per Sec 3, the following basic principles are
guiding factors in the administration of JJ (CPC) Act 2015
i.
Principle of presumption of
innocence:
Any
child shall be presumed to be an innocent of any mala fide or criminal
intent up to the age of eighteen years.
ii.
Principle of dignity and
worth: All
human beings shall be treated with equal dignity and rights.
iii.
Principle of participation: Every child shall have a
right to be heard and to participate in all processes and decisions affecting
his interest and the child’s views shall be taken into consideration with due
regard to the age and maturity of the child.
iv.
Principle of best interest: All decisions regarding
the child shall be based on the primary consideration that they are in the best
interest of the child and to help the child to develop full potential.
v.
Principle of family
responsibility:
The primary responsibility of care, nurture and protection of the child shall
be that of the biological family or adoptive or foster parents, as the case may
be.
vi.
Principle of safety: All measures shall be taken
to ensure that the child is safe and is not subjected to any harm, abuse or
maltreatment while in contact with the care and protection system, and
thereafter.
vii.
Positive measures: All resources are to be
mobilised including those of family and community, for promoting the
well-being, facilitating development of identity and providing an inclusive and
enabling environment, to reduce vulnerabilities of children and the need for
intervention under this Act.
viii.
Principle of
non-stigmatising semantics: Adversarial or accusatory words are not to be used in the
processes pertaining to a child.
ix.
Principle of non-waiver of
rights: No
waiver of any of the right of the child is permissible or valid, whether sought
by the child or person acting on behalf of the child, or a Board or a Committee
and any non-exercise of a fundamental right shall not amount to waiver.
x.
Principle of equality and
non-discrimination:
There shall be no discrimination against a child on any grounds including sex,
caste, ethnicity, place of birth, disability and equality of access,
opportunity and treatment shall be provided to every child.
xi.
Principle of right to
privacy and confidentiality: Every child shall have a right to protection of his
privacy and confidentiality, by all means and throughout the judicial process.
xii.
Principle of
institutionalisation as a measure of last resort: A child shall be placed in
institutional care as a step of[ last resort after making a reasonable inquiry.
xiii.
Principle of repatriation
and restoration:
Every child in the juvenile justice system shall have the right to be re-united
with his family at the earliest and to be restored to the same socio-economic
and cultural status that he was in, before coming under the purview of this
Act, unless such restoration and repatriation is not in his best interest.
xiv.
Principle of fresh start: All past records of any
child under the Juvenile Justice system should be erased except in special
circumstances.
xv.
Principle of diversion: Measures for dealing with
children in conflict with law without resorting to judicial proceedings shall
be promoted unless it is in the best interest of the child or the society as a
whole.
Principle of natural justice: Basic
procedural standards of fairness shall be adhered to, including the right to a
fair hearing, rule against bias and the right to review, by all persons or
bodies, acting in a judicial capacity under this Act
No comments:
Post a Comment