What the NCPCR draft guidelines say on assessing if minors can be tried as adults
Context- The National Commission for Protection of Child Rights (NCPCR) has come up with draft guidelines on the preliminary assessment of whether certain minors are to be tried under law as adults in particular cases, under the Juvenile Justice (Care and Protection of Children) Act.
What is preliminary assessment as per the JJ Act?
- Earlier, all children under the age of 18 were considered minors by the law, but through an amendment in 2015, a provision was added to the JJ Act for trying a child in conflict with the law as an adult.
- Under this, a child in the age group of 16-18 years could be tried as an adult in case of heinous offences. Section 15 (1) of the Act states that the Juvenile Justice Board shall conduct a preliminary assessment to determine whether to try such a child as an adult or a minor.
- The Act directs that the Board shall consider the mental and physical capacity of the child for committing the alleged offence, the ability to understand the consequences of the offence, and the circumstances in which the offence was committed.
- If tried as a minor, the child could be sent to a special home for a maximum of three years.
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Why has the NCPCR come up with draft guidelines now?
On July 13, 2022, the Supreme Court while hearing a case related to the murder of a Class 2 student in Haryana, allegedly by a 16-year-old, said the task of preliminary assessment under the J J Act is a “delicate task”. It said that the consequences of the assessment on whether the child is to be tried as an adult or a minor are “serious in nature and have a lasting effect for the entire life of the child”.
It said that the assessment requires expertise and directed that appropriate and specific guidelines be put in place. It had left it open to the Central government and the National and State Commissions for the Protection of Child Rights to consider issuing the guidelines.
What do the draft guidelines say?
The draft relying on already existing provisions in the Act says that the preliminary assessment has to determine four aspects:
- Physical capacity of the child: To determine the child’s ‘locomotor’ abilities and capacities, particularly with regard to gross motor functions such as walking, running, lifting, throwing.
- Mental capacity: To determine the child’s ability to make social decisions and judgments. It also directs assessments pertaining to mental health disorders, substance abuse, and life skills deficits.
- Circumstances in which the offence was allegedly committed: Psychosocial vulnerabilities of the child. This is to include life events, any trauma, abuse, and mental health problems, stating that the offence behaviour is a cumulative consequence of a lot of other circumstances.
- Ability to understand the consequences of the alleged offence: To determine the child’s knowledge or understanding of the alleged offence’s social, interpersonal and legal consequences. These include what others will say or perceive him, how it might affect his personal relationships and the knowledge of relevant laws, respectively.
Additionally, a copy of the assessment must be given to the child and a legal aid counsel must be present during the assessment.
What are Juvenile Justice Board and Child Welfare committees under JJ act, 2015?
- Juvenile Justice Board :
- This is a judiciary body before which children detained or accused of a crime are brought.
- The Board comprises of a judicial magistrate of the first class and two social workers, one of whom at least should be a woman.
- Child Welfare Committee :
- The State Governments set up these committees in districts in accordance with the provisions of the Act.
- The Committees have the power to dispose of cases for the care, protection, treatment, development and rehabilitation of the children in need of care and protection, as well as to provide for their basic needs and protection.
Conclusion- NCPCR draft guidelines are a step forward in the right direction in removing ambiguities and streamlining the process prescribed under JJ act, 2015.
Source- Indian Express
NEWS- What the NCPCR draft guidelines say on assessing if minors can be tried as adults
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