PRELIMINARY ASSESSMENT UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015: CRITICAL EVALUATION

Abstract

This article seeks to explore criteria stipulated in The Juvenile Justice (Care and Protection of Children) Act, 2015 for conducting preliminary assessment and its deficiencies in transfer hearing of the children in conflict with law between the age brackets of 16 to 18 years apprehended for commission of heinous offences. Except for broad norms the Act and its accompanying Rules hardly provide any guidance to the courts. In the absence of objective criteria such children are being arbitrarily transferred to the Children courts by the Juvenile Justice Boards. This results in unfair and arbitrary treatment of similarly situated children violating their fundamental right under Article 14 of the Constitution. In this view of the matter there is an urgent need to lay down objective criteria for conducting preliminary assessment and transfer hearing of such children. It urgently requires legislative and judicial intervention for laying down objective and uniform criteria.