Juvenile Justice (Care and Protection of children) Act 2000 has to be implemented immediately

Juvenile Justice Care and Protection of children Act 2000 was enacted seven years back.There after the same was amended in the year 2006. According to the Government of India it is to give effect to the provisions of the Constitution and relevant international instruments , the Juvenile Justice (Care and Protection of Children) Act, 2000 and the Amendment Act, 2006 (33 of 2006) were enacted.

In the Constitution of India there are several provisions, including clause (3) of article 15, article 21, article 21A, 22 (1) and (2), 23, 24, clause (e) and (f) of article 39, articles 39 A, articles 45, 47 and 51 A (k), which impose on the State a primary responsibility of ensuring that all the needs of children are met and that their basic human rights are fully protected.

The Convention on the Rights of the Child adopted by the General Assembly of the United Nations on the 20 November, 1989 and ratified by India on 11 December 1992, emphasizes conferment of rights on children, and reintegration of juveniles and care and protection of vulnerable children, with a view to furthering their right to survival, development, protection and participation.

The United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (the Beijing Rules) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990) set the minimum standard to be adhered to in the administration of juvenile justice in respect of juveniles in conflict with law.

The United Nations Guidelines for the Prevention of Juvenile Delinquency
(Riyadh Guidelines) and all other relevant international instruments focus on prevention of juvenile delinquency and provide guidelines for it.

By the JJ Act the law relating to juveniles in conflict with law and children in need of care and protection were consolidated and amended , by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation and for matters connected therewith or incidental thereto, through institutional as well as non-institutional measures enumerated in the Act.

But till date there are no serious efforts from the governments to implement the Act. In Kerala only in 3 districts the Child welfare Committees are established. After the amendment so far not even model rules are framed by the Central Government. The state governments have not even cared to amend the existing rules.Present situation is that some existing rules are against the amended Act and there is no rules for carrying out certain responsibilities of the competent authorities provided in the existing rules.In Idukki district even though committee is appointed they have not been provided any office, staff or stationary for the last more than one and a half years!It seems the persons responsible to do the things do not understand the importance of the implementation of the Act. Only by protecting the rights of the children of the country we can make our nation to a developed nation. If we respect the rights of the children they become robust citizen of the coming years.

A new slogan has to be raised “ Care for the children and make India to a great nation.” It requires a big campaign for implementation of the Act in Kerala. Other wise politicians may forget about the children of our nation!!!!!!!!!!!!!!!!!!!
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Concept of Child Protection in the Eleventh FiveYear Plan

India is home to more than one billion people, of whom one-third are children under 18 years of age. The world’s tenth largest economy unfortunately ranks 127 on the Human Development Index (HDI). If all child rights indicators were to become a critical measure for HDI, India would fare even worse, especially because of its poor performance on child protection.

Every child has a right to protection. This not only includes children who are in difficult circumstances and those who have suffered violence, abuse and exploitation but also those who are not in any of these adverse situations and yet need to be protected in order to ensure that they remain within the social security and protective net.

‘Child Protection’ refers to protection from violence, exploitation, abuse and neglect. Violations of the child’s right to protection, in addition to being human rights violations, are also massive, under-recognized and under-reported barriers to child survival and development. Children subjected to violence, exploitation, abuse and neglect are at risk of: shortened lives, poor physical and mental health, educational problems (including dropping out of school), poor parenting skills later in life, homelessness, vagrancy and displacement.Conversely, successful protection increases a child’s chances to grow up physically and mentally healthy, confident and self-respecting, and less likely to abuse or exploit others, including his or her own children. The need to protect some children is certainly greater than others due to their specific socioeconomic and political circumstances and geographical location. These are the children who are or are not able to take care of Street and working children, Child beggars, Victims of child marriage ,Trafficked children Child prostitutes, Children of prostitutes ,Children of prisoners, Children affected by conflict /civil strife, Children affected by disasters both natural and manmade, Children affected by substance abuse, HIV/AIDS and other terminal diseases, Disabled children, Children belonging to ethnic religious minorities and other ‘Child Protection’ is about protecting children from or against any perceived or real danger/risk to their life, their personhood and childhood. It is about reducing their vulnerability to any kind of harm and in harmful situations .It is also about protecting children against social, psychological and emotional insecurity and distress. It must ensure that no child falls out of the social security and safety net and those who do, receive necessary care and protection to be brought back into the safety net.

Child protection is integrally linked to every other right of the child. The failure to ensure children’s right to protection adversely affects all other rights of the child and the development of the full potential of the child. Child protection is about protecting every right of every child. It must also relate to children’s capacity for self-reliance and self-defense the and to the roles and responsibilities of family, community, society and State.


In all these yearsafter independence, application of the preventive approach has been limited to programmes like awareness generation, media advocacy, training and capacity building of various stakeholders, legal literacy, sex education in schools etc. The need of the hour calls for a wider outlook that must go beyond the conventional prevention strategies and also take into account the link between child protection and other micro and macro development issues. Such a holistic understanding of prevention alone can help keep children within the protective net. In almost 60 years of independence and government functioning, little attempt has been made to respond to the needs of children in need of care and protection.

It is critical to invest in child protection as protection failures are not only human rights violations, but are also major, under-recognized, under-reported and under-acted upon barriers to child survival and development. In addition, the links between protection and other development targets accepted by the country need to be explicitly stated and understood in order to address appropriately the concerns for achieving these and to invest in accordance with the need and magnitude of the problem.

The Millennium Declaration addresses child protection explicitly. If we examine the MDGs closely, it is evident that not a single goal can be achieved unless the protection of children becomes an integral part of programming strategies and plans across sectors. Preventing and addressing violence, abuse, and exploitation is part of achieving the MDGs. Failing to protect children from such issues as violence in schools, child labour, harmful traditional practices, the absence of parental care or commercial sexual exploitation squanders the nation’s most precious resource. Reaching the most vulnerable and isolated and marginalized populations helps ensure the health and well-being of all which is indispensable to achieving the MDGs. A comprehensive programming approach to child protection brings us closer to the human development approaches especially in terms of good governance, human rights, gender, security, social protection and the rule of law.

Children the best tools to make a nation

Man is a social animal, apart from the society it would not be possible for him to live. One of the most important and essential social institution is state. Nations are made not by a single act. It is formed by a chain of actions and reactions in the collective mind of people who live in a particular part of the world.
It is the people of India who made India to a Democratic Republic. They constituted their nation to secure its citizens Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; and to promote among them all, fraternity assuring the dignity of the individual and the unity and integrity of the nation. All the legal systems and legislation are made in India to secure the said objectives. Children who forms about 42% of the total population of our nation are also the citizens of India.

In pursuant to the constitutional mandate and as a subscriber to the covenant of child rights convention of U.N. Assembly India have evolved a National policy for the welfare of the children. The thrust of the policy is that, ‘The Nation’s children are a supremely important asset. Their nature and solicitude are our responsibility. Children’s Programme shall find a prominent part in national plans for the development of human resources, so that our children grow up to become robust citizens, physically fit, mentally alert and morally healthy, endowed with the skills and motivations needed by the society. Equal opportunities for development to all children during the period of growth should be our aim, for this would serve our larger purpose of reducing inequality and ensuring social justice.’

On the evaluation of the state of India, only two rulers in India realized the importance of the child in the polity through out history of the republic. They are, first visionary first Prime Minister of India Pundit Jawaharlal Nehru who knew that it is in the classrooms the nation being build up . Presently the great President of India APJ Abdul Kalam, who interact with children as if they are most dignified persons of the nation and ask them to dream for bigger things and to aim at the heavens?

On present time it seems those who understand the importance of the children in the polity are the militant groups, mafias, fundamentalists etc. The fate of the fighting children in Sri Lanka is not the only example. It is on recent days the Pakistani religious fundamentalists used the students in “Lal Mazjid” as the shield from the army attack. Everybody knows if children are groomed from the early days they can be shaped to become anyone. Hence when a state plans about the future of nation the planning shall give importance to children and their development, for the development of the children means development of the nation.
But what is the approach the elders have to the children. They think that the children are only slaves. The parents at home, the teachers at school, the police on street, the bus conductors at public transport system, the politicians at their level, the persons in charge of children’s home , the judiciary , anybody they interact with, to say other wise the entire nation is inimical to the children . In fact this approach to the children is really a hindrance in India becoming a developed country at present. If the people start to recognize the rights of the children and protect their rights amazing changes will come to the nation. If you want the nation to be democratic nation protect the democratic rights of children. If you want nation to be secular teach the children the secular values. If you want to provide justice, equality to the people let the children be taught to be so. If you want to attain fraternity among the people teach the children that India is my country and all Indians are my sisters and brothers.

Hence the approach to the children must be as if they may in future become a Mahatmaji, or an Abdul Kalam Azad or a Vivekananda or a Jesus of Nazareth or another Lord Krishna. The elders have to start to respect him. They should understand that if he is not cared he might become a Raman Rahavan or a Davood Ibrahim. They should understand that he could be a soldier to country or an associate of a Militant Group; a good police officer or a criminal; a doctor or a HIV patient; a priest or a drug addict. What he becomes, the mind set of the nation will determine. The elders have to decide what will be the future of nation, for the child of today is the nation of tomorrow. It is time to realize the fact that the children are the best tools to make a nation.

Only through the children we can change the world

There was a man named Jesus. He was a son of a carpenter. He was born in the year BC 5. He was from the town of Nazareth. He was said to be the King of Jews. But he was crucified by Romans. He was a preacher for all the time.

One day few children came to him. But his disciples obstructed them from reaching him. He told the disciples let the children come to me. Because persons like them only are entitled to enter in to the Kingdom of God

It is that carpenter of Nazareth who in the history of the mankind first understands the power of children to change the world. Do you think the child has power to change the world?

Then read this,

“ We are guilty of many errors and faults, but our worst crime is abandoning the children, neglecting the foundation of life. Many of the things we need can wait. The child cannot; right now is the time his bones are being formed, his blood is being made and his senses are being developed. To him, we cannot answer 'tomorrow'. His name is 'today' ”

(Gabriel Mistral)