The General Principles

In one line

Sixteen fundamental principles bind everyone implementing the Act, from the presumption that a child under eighteen has no criminal intent to the rule that institutional care is a last resort and past records are erased.

In the wording a student can write in an exam: section 3 of the Juvenile Justice (Care and Protection of Children) Act, 2015 provides that the Central Government, the State Governments, the Board, the Committee or other agencies, while implementing the provisions of the Act, shall be guided by sixteen fundamental principles.

Who is bound

As enacted. The Central Government, the State Governments and other agencies.

As amended in 2022. The Central Government, the State Governments, the Board, the Committee, or other agencies.

Why the insertion matters. It removed an argument. A Board or a Committee could previously have said it was an adjudicating body rather than an "agency" implementing the Act. Since 1 September 2022 they are named.

The sixteen principles

(i) Presumption of innocence. Any child shall be presumed to be innocent of any mala fide or criminal intent up to the age of eighteen years.

(ii) Dignity and worth. All human beings shall be treated with equal dignity and rights.

(iii) Participation. Every child has a right to be heard and to participate in all processes and decisions affecting his interest, and his views shall be taken into consideration with due regard to his age and maturity.

(iv) Best interest. All decisions shall be based on the primary consideration that they are in the best interest of the child and help him develop full potential.

(v) Family responsibility. The primary responsibility of care, nurture and protection is that of the biological family or adoptive or foster parents.

(vi) Safety. All measures shall be taken to ensure the child is safe and 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, to promote well being, facilitate the development of identity, and provide an inclusive and enabling environment to reduce vulnerabilities.

(viii) Non stigmatising semantics. Adversarial or accusatory words are not to be used in processes pertaining to a child.

(ix) Non waiver of rights. No waiver of any right of the child is permissible or valid, whether sought by the child, by a person on his behalf, or by a Board or Committee; and the non exercise of a fundamental right does not amount to a waiver.

(x) Equality and non discrimination. No discrimination on any ground, including sex, caste, ethnicity, place of birth and disability, and equality of access, opportunity and treatment for every child.