JUVENILE JUSTICE (CARE AND

PROTECTION OF CHILDREN) ACT 2015:

PRINCIPLE OF SAFETY

INDEX

 Introduction
 Legislative Framework
 Principle of Safety
 Implementation of Safety Measures
 Judicial Interpretation
 Conclusion
 References
 INTRODUCTION
An apparent set of principles focused on reformation and rehabilitation has dominated academic
and political discourse concerning the drafting of laws related to juvenile justice and children in
conflict with the law. The Juvenile Justice Act of 1986 and its subsequent amendments can be
considered in many ways a landmark in signifying changes in the thought process of lawmakers.
At the turn of the 21st century, a need was felt to update the laws bearing in mind prescribed
standards set by the UN Convention on the Rights of the Child, 1989. The UN Standard
Minimum Rules for Administration of Juvenile Justice, 1985, as well as the UN Rules for
Protection of Juveniles Deprived of their Liberty, 1990. The legislative exercise subsequently
culminated into the Juvenile Justice (Care and Protection of Children) Act, 2000, along with the
Juvenile Justice (Care and Protection of Children) Model Rules of 2000, are replaced by the
Juvenile Justice (Care and Protection of Children) Model Rules of 2007. In the wake of the 2012
Delhi gang-rape and murder case, one of the accused, who was a juvenile, was sentenced to three
years in a reformation home as per the provisions of the juvenile justice Act, 2000. In light of the
Supreme Court judgment upholding the constitutional validity of the Act, in December 2015, the
Delhi High Court held itself to be bound by the provisions and refused to extend the sentence of
the accused. This led to a widespread feeling of a failure of justice, with the masses protesting in
unity with the victim’s family. Drawing much flak from various sections to correct the supposed
gap in the previous act, the government delivered the juvenile justice (Care and Protection of
Children) Bill, 2014, which was surpassed by the Parliament in its present shape on 22nd
December 2015. It acquired the President’s assent on 31st December 2015, and came into impact
on 15th January 2016, as the juvenile justice (Care and Protection of Children) Act, 2015.

In order to achieve the objectives of the United Nations Convention on the Rights of the Child as
ratified by India on 11 December 1992, the Juvenile Justice Act has been promulgated. The
procedural guarantees applicable to children in conflict with the law are specified in this law.
The current law addresses the problems of the existing law, such as delays in adoption processes,
the high number of pending cases, the accountability of institutions, and so on.

JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2015

Section 3. General principles to be followed in administration of Act.

The Central Government, the State Governments, the Board, and other agencies, as the case may
be, while implementing the provisions of this Act shall be guided by the following fundamental
principles, namely:—

(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 childs 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 mobilized 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-stigmatizing 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 institutionalization 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.

(xvi) Principles 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.

PRINCIPLE OF SAFETY

The principle of safety is one of the foundational pillars of the Juvenile Justice Act, 2015, aimed
at ensuring the well-being and protection of juveniles in conflict with the law.
The Juvenile Justice Act, 2015, marks a significant shift in India's approach towards juvenile
offenders, emphasizing rehabilitation and reintegration rather than punitive measures. Among the
guiding principles of this Act, ensuring the safety of juveniles occupies a paramount position

The Juvenile Justice Act, 2015, replaced the Juvenile Justice (Care and Protection of Children)
Act, 2000, reflecting a paradigm shift in the treatment of juvenile offenders. The Act seeks to
ensure the care, protection, and rehabilitation of children in conflict with the law, while also
prioritizing their best interests and well-being. Central to its provisions is the principle of safety,
which mandates a conducive environment for the physical, emotional, and psychological
development of juveniles.

The principle of safety within the Juvenile Justice Act, 2015, transcends mere physical
protection. It encompasses a holistic approach to safeguarding the rights, well-being, and dignity
of juvenile offenders. At its core, safety entails the creation of an environment conducive to
growth, rehabilitation, and reintegration into society. This entails protection from all forms of
harm, including physical, emotional, and psychological abuse or neglect.

The conceptual understanding of safety extends to several key dimensions:

Protection from Abuse and Exploitation: Juvenile offenders are particularly vulnerable to
abuse and exploitation, whether within the criminal justice system or society at large. Safety
entails measures to prevent such mistreatment, including strict protocols for the treatment of
juveniles in detention, training for personnel working with juvenile offenders, and mechanisms
for reporting and addressing instances of abuse.

Emotional and Psychological Well-being: Safety encompasses not only physical security but
also emotional and psychological well-being. Many juvenile offenders have experienced trauma
or adverse childhood experiences, which can impact their mental health. Ensuring safety
involves providing access to counseling, therapy, and other support services to address
underlying issues and promote resilience.

Access to Education and Rehabilitation: Safety extends to ensuring access to education,

vocational training, and rehabilitation programs for juvenile offenders. These opportunities not
only contribute to their personal development but also reduce the likelihood of recidivism by
equipping them with the skills and resources necessary to lead productive lives.

Inclusive and Non-discriminatory Environment: Safety requires the creation of an inclusive

and non-discriminatory environment where all juvenile offenders, regardless of their
background, are treated with dignity and respect. This involves addressing systemic inequalities
and biases within the juvenile justice system and society as a whole.

Prevention of Secondary Victimization: Safety also involves preventing secondary

victimization, whereby the actions of the justice system or society further traumatize or
stigmatize juvenile offenders. This may include measures to protect their privacy, maintain
confidentiality, and avoid labeling or stigmatizing language.

IMPLEMENTATION OF SAFETY MEASURES

The effective implementation of safety measures requires a multi-faceted approach involving
collaboration between various stakeholders, including government agencies, law enforcement,
judiciary, civil society organizations, and communities. Key initiatives include the establishment
of juvenile justice boards, specialized homes, counseling services, vocational training programs,
and community-based rehabilitation schemes. Furthermore, stringent monitoring mechanisms
and periodic evaluations are essential to ensure compliance with safety standards and address
emerging challenges.

Establishment of Specialized Institutions: One of the fundamental steps in ensuring the safety
of juvenile offenders is the establishment of specialized institutions such as observation homes,
juvenile homes, and special care centers. These facilities should adhere to strict standards
regarding infrastructure, hygiene, and safety protocols. Additionally, there should be separate
facilities for different categories of offenders based on age, gender, and offense committed.

Training and Capacity Building: Personnel working in juvenile justice institutions, including
administrators, counselors, social workers, and security staff, require specialized training to
effectively address the needs of juvenile offenders and ensure their safety. Training programs
should focus on child psychology, trauma-informed care, conflict resolution, and techniques for
de-escalating volatile situations. Ongoing capacity-building initiatives can help staff stay updated
on best practices and emerging trends in juvenile justice.

Access to Legal Aid and Representation: Juvenile offenders have the right to legal
representation and access to legal aid services to ensure their rights are protected throughout the
legal process. Legal aid agencies should be readily available to provide assistance to juvenile
offenders, including guidance on their legal rights, representation during court proceedings, and
advocacy for their best interests. This ensures that juvenile offenders are not subject to arbitrary
or unjust treatment within the justice system.

Community-Based Rehabilitation Programs: Beyond institutional care, community-based

rehabilitation programs play a crucial role in supporting the reintegration of juvenile offenders
into society while ensuring their safety. These programs may include vocational training,
educational support, counseling, and family mediation services. By providing support within the
community, these programs help reduce the risk of reoffending and promote social inclusion for
juvenile offenders.

Monitoring and Oversight Mechanisms: Robust monitoring and oversight mechanisms are
essential to ensure that safety measures are effectively implemented and compliance with legal
standards is maintained. This may involve regular inspections of juvenile justice institutions, ,
and feedback mechanisms for juveniles and their families to report concerns or grievances.
Additionally, judicial oversight through juvenile justice boards or other independent bodies can
help ensure accountability and transparency in the implementation of safety measures.

Collaboration with Civil Society Organizations: Civil society organizations play a vital role in
advocating for the rights of juvenile offenders and supplementing government efforts in
implementing safety measures. Collaboration between government agencies and NGOs can
enhance the reach and effectiveness of interventions aimed at promoting the safety and well-
being of juvenile offenders. NGOs can also provide valuable expertise, resources, and support
services to complement government initiatives.

Utilization of Technology: Leveraging technology can enhance safety measures within the
juvenile justice system by improving monitoring, communication, and data management.
Electronic monitoring systems, video surveillance, and digital records can help ensure the
security of juvenile justice facilities and facilitate information sharing among stakeholders.
Additionally, online platforms can be utilized for training, counseling, and educational purposes,
expanding access to essential services for juvenile offenders.

By addressing these key components, stakeholders can work together to strengthen safety
measures within the juvenile justice system, thereby ensuring the protection and well-being of
juvenile offenders while promoting their rehabilitation and successful reintegration into society.

Role of Safety in Juvenile Rehabilitation:

Safety plays a pivotal role in the rehabilitation of juvenile offenders, as it provides the necessary
foundation for their physical, emotional, and psychological well-being. A safe and supportive
environment fosters trust, confidence, and positive behavioral changes among juveniles, enabling
them to overcome past trauma, develop essential life skills, and envision a brighter future.
Moreover, safety interventions contribute to breaking the cycle of recidivism by addressing
underlying socio-economic factors and promoting social inclusion.
 JUDICIAL INTERPRETATION

Gopinath Ghosh v. State of West Bengal1

1
AIR. 1984 SC 237
In this landmark case, the Supreme Court emphasized the importance of safety measures in
juvenile rehabilitation, directing state governments to ensure the proper functioning of
observation homes and special care institutions. The court underscored the need for trained staff,
adequate facilities, and periodic monitoring to safeguard the rights and dignity of juveniles.

In Re Contagion of COVID-19 virus in Children’s Protection Homes 2

A writ petition was filed in this case relating to the protection of children kept in observation
homes and children in conflict with the law kept in juvenile homes and shelter homes in lieu of
the pandemic during lockdown. The petition was related to the health and safety of children in
juvenile homes and foster and kinship care during the spread of COVID-19. The following
directions were issued by the Supreme Court in this regard:

 The child welfare committees were asked to take preventive steps to maintain the health
and safety of children in such homes.
 They were also directed to coordinate with district child protection committees and foster
care and adoption committees to keep records of children who have been sent back home.
 Online help desks and support systems were to be established.
 The committees were also directed to keep a check on violence and sexual harassment
and ensure that no such incident occurs with children in such homes.
 The Juvenile Justice Board was directed to take proactive steps to prevent the spread of
the virus in juvenile homes. For this reason, children can be kept in child care institutions
for their best interests, health, and safety.
 Speedy disposal of cases must be done through online sittings.
 Counselling sessions must be given to children in observation homes.
 The government must inform the child care institutions about all the measures to be taken
in this situation.
 Steps must be taken to provide adequate staff in the district protection units and child
care institutions on rotational basis, and trained volunteers must be given charge of taking
care of children.

2
2021 SCC OnLine SC 426
 The government must ensure that all officers and functionaries perform their duties
diligently.
 Good quality face masks, sanitizers, hygiene products, etc., are provided to children, and
the premises are sanitised properly.
 Children must be made aware of the spread of viruses and precautions to be taken.
 Social distancing must be practised all the time.
 If there are symptoms of the virus, the person must be quarantined immediately.
 Families who are involved in fostering children were directed to be updated regarding the
prevention of the spread of viruses.
 A check must be kept on the health and safety of such families and children.
 Directions were issued to persuade children to divert their minds to fun and intellectual
activities to avoid stress and anxiety.

CONCLUSION
The principle of safety occupies a central position in the Juvenile Justice Act, 2015, reflecting
the state's commitment to protecting and nurturing juvenile offenders. Effective implementation
of safety measures is essential to ensure the holistic development and rehabilitation of juveniles
in conflict with the law. Judicial interpretation through various case laws reinforces the
significance of safety in promoting juvenile welfare and fostering their reintegration into society.
Moving forward, concerted efforts are needed to strengthen safety mechanisms and address
emerging challenges in the juvenile justice system.

The principle of safety is not merely a legal mandate but a moral imperative within the Juvenile
Justice Act, 2015. It underscores the state's responsibility to protect and nurture juvenile
offenders, ensuring their well-being and facilitating their rehabilitation and reintegration into
society. Through effective implementation of safety measures, including robust safeguards
against abuse, access to education and rehabilitation, and the promotion of inclusivity and non-
discrimination, the juvenile justice system can fulfill its mandate to serve the best interests of
children in conflict with the law.

In conclusion, judicial interpretation through various case laws reinforces the significance of
safety in promoting juvenile welfare and fostering their reintegration into society. Moving
forward, concerted efforts are needed to strengthen safety mechanisms and address emerging
challenges in the juvenile justice system. By prioritizing safety, policymakers, practitioners, and
communities can create a more compassionate and effective juvenile justice system that
empowers young offenders to lead fulfilling lives and contribute positively to society.

REFERENCES
 The Juvenile Justice (Care and Protection of Children) Act, 2015.
 Gopinath Ghosh v. State of West Bengal, AIR. 1984 SC 237
 Re Contagion of COVID-19 virus in Children’s Protection Homes 2021 SCC OnLine SC
426
 Ministry of Women and Child Development, Government of India. (2018). Juvenile
Justice (Care and Protection of Children) Model Rules, 2016.
 UNICEF. (2019). Juvenile Justice in India: A Fact Sheet.
 Shetty, S. (2016). Understanding Juvenile Justice Act, 2015: Implications and
Challenges. Journal of the Indian Law Institute, 58(1), 33-48.