The National Commission for Protection of Child Rights (NCPCR) has recently issued guidelines for the assessment of child suspects involved in serious crimes. These guidelines determine whether a child should be treated as a minor or an adult in cases falling under the “heinous” offences category of the Juvenile Justice (Care and Protection of Children) Act, 2015.
What are the NCPCR’s Guidelines?
According to these new guidelines, child suspects will be evaluated by a team of experts that includes a child psychologist or psychiatrist, a medical doctor, and a social worker. This assessment will take into account the child’s age, developmental stage, maturity level, and history of trauma or abuse. The team will also consider the child’s cognitive abilities and their capacity to understand the charges against them. Legal aid and support from child welfare agencies will be provided to child suspects.
The Role of the Juvenile Justice Board (JJB)
The JJB plays a crucial role in this process as it is responsible for conducting a preliminary assessment of the child suspect within three months from the date the child first appears before it. If the JJB determines the need for a trial of the child as an adult, the case is then transferred to the Children’s Court.
Categories of Offences under the Juvenile Justice Act, 2015
The JJ Act, 2015 categorizes offenses committed by children into three categories: Petty offences, Serious offences, and Heinous offences. Petty offences are those for which the maximum punishment under any law is imprisonment up to three years. Serious offences pertain to crimes punishable by imprisonment for more than three years but not exceeding seven years. Heinous offences are those for which the minimum punishment under the Indian Penal Code or any other law is imprisonment for seven years or more.
Need for the NCPCR’s Guidelines
Children accused of heinous offences are vulnerable and may require special care to ensure their physical and emotional well-being. An assessment can help identify any underlying mental health issues, trauma, or abuse that need intervention. Assessments also determine their cognitive capacity to understand charges against them and participate in legal proceedings. These assessments provide valuable insights to judges and legal professionals in deciding how to proceed with a case.
About the National Commission for Protection of Child Rights (NCPCR)
The NCPCR is a statutory body, established in March 2007 under the Commissions for Protection of Child Rights (CPCR) Act, 2005. It falls under the administrative control of the Ministry of Women & Child Development. Its mandate includes ensuring that all laws, policies, programmes, and administrative mechanisms align with child rights as mentioned in the Constitution of India and the UN Convention on the Rights of the Child.
Constitutional Provisions Related to Children
The Constitution guarantees various rights to children, including the right to live with dignity (Article 21), personal liberty (Article 21), privacy (Article 21), equality (Article 14), freedom from discrimination (Article 15), and protection against exploitation (Articles 23 & 24). Children in the 6–14-year age group are entitled to free and compulsory elementary education (Article 21 A). The Directive Principles of State Policy, particularly Article 39(f), obliges the state to ensure children’s healthy development in conditions of freedom and dignity.