Legal Arena
Adv Tiyasa Halder
Contact No- 6290333271
*Law and society
*Suggested by the university
Composition of juvenile justice board
The Juvenile Justice Act of 2000 was repealed by the Juvenile Justice (Care and
Protection of Children) Act of 2015. In order to determine whether or not the trial of
criminals in the age range of 16 to 18 should be held as an adult trial contains the
Juvenile Justice Board, which is made up of psychologists and sociologists and
operates under Section 4 of the Act. Any young person accused of a crime may appear
before this board. It is a welcoming setting that emphasises the child’s rehabilitation
over punishment
Section 4 of the 2015 Juvenile Justice Act established the Juvenile Justice Board.
According to this clause, minor offenders are not brought before a criminal court. There
are many juvenile justice boards constituted in each district since, according to
Schedule VII of the Indian Constitution, the administration of criminal justice falls under
List II. A saving clause is present in Section 4 to provide an intervening impact over
Section 27 of the Code of Criminal Procedure.
The purpose of creating the special court was to hold a child accountable without using
punishment but rather a reformation and rehabilitation. Additionally, it seeks to defend
the provisions of Article 39(f), which states that “children are given the chance and
resources that allow them to grow in an appropriate way and in circumstances that
promote liberty and respect and that young people have protection against
manipulation as well as morally and economic abandonment.” The state is required to
uphold children’s rights since the Constitution places a primary emphasis on doing so.
Here’s a breakdown of the typical composition of the JJB:
1. Principal Magistrate: The board is headed by a Principal Magistrate, who is a
Metropolitan Magistrate or a Judicial Magistrate of the first class. The magistrate
should be someone with experience and sensitivity towards juvenile matters.
2. Two Social Workers: The board includes two social workers (one of whom must
be a woman). These individuals should have experience in health, education, or
child welfare and be committed to the rehabilitation of children.
Qualifications and Tenure
• The members must have a background in child psychology, sociology, or be
actively involved in child welfare activities.
• The tenure of the board members is typically three years, and they are eligible for
reappointment.
Role of the Juvenile Justice Board
• Inquiry and adjudication of cases involving juveniles in conflict with the law.
• Ensuring proper care, protection, and rehabilitation of juveniles.
• Providing a safe and child-friendly environment during proceedings.
This structure helps maintain a balanced approach that includes legal insight and a
strong emphasis on social welfare and child protection.
Who can bring an application for domestic violence?
Domestic violence refers to one person seeking to gain power and control over another
through physical, emotional, sexual, verbal, or economic means. It is a form of violence
that occurs within the context of a domestic setting, such as a marital or cohabiting
relationship. Domestic violence can manifest as physical assaults, threats,
intimidation, coercion, isolation, and manipulation, causing significant harm to the
victim’s physical, psychological, and emotional well-being. It also includes child abuse,
honour-based abuse such as female genital mutilation, honour killing, and all other
forms of abuse by an intimate partner. Domestic violence is a violation of human rights
and reflects the unequal power dynamics and gender-based inequalities that persist in
society.
Any woman who is, or has been in a domestic or family relationship with the
respondent and who has been subjected to domestic violence, can file a complaint
under this act for redressal of her grievance
In India, matters related to domestic violence are governed by the Protection of Women
from Domestic Violence Act, 2005. Section 3 of the Protection of Women from
Domestic Violence Act provides the definition of Domestic violence, which states that
“any act, omission or commission or conduct of the respondent shall constitute
domestic violence in case it,
• Harms or injures or endangers the health, safety, life, limb, or well-being,
whether mental or physical, of the aggrieved person or tends to do so and
includes causing physical abuse, sexual abuse, verbal and emotional abuse, and
economic abuse; or
• Harasses, harms, injures, or endangers the aggrieved person with a view to
coerce her or any other person related to her to meet any unlawful demand for
any dowry or other property or valuable security; or
• Has the effect of threatening the aggrieved person or any person related to her by
any conduct mentioned in clauses (a) or (b); or
• Otherwise injures or causes harm, whether physical or mental, to the aggrieved
person.”
Give 5 functions of the National Commission for Women
The National Commission for Women Act of 1990’s provisions allowed for the
establishment of the National Commission for Women in 1992. In accordance with the
requirements of the Indian Constitution, the Central Government established this
Commission with the goal of empowering Women in the nation by addressing the
oppressions, plights, and other forms of violence they have historically experienced.
The National Commission for Women also makes steps to advance the status of
Women generally across the nation. The National Commission for Women’s primary
goal is to advocate for Women’s rights and increase awareness of their plight.
Some Functions of the National Commission for Women-
1. This committee is tasked with promoting/supporting research and study in fields
relevant to those mentioned above, such as dual citizenship complaints, new
laws being passed or international treaties being signed, foreign marriage laws,
etc.
2. In line with Section 10 (1)(f) of the National Commission for Women Act of 1990,
read with Subsection 4 of Section 10 and Section 8 of the Act, NCW is required
to investigate complaints and take suo moto notice of any matter brought to the
attention of the NRI Cell.
3. The National Commission for Women Act of 1990 mandates that the cell is in
charge of its own operations.
4. Serve as the central point of contact for any complaints involving Indian Women
who have been abandoned by their Indian husbands living abroad.
5. Should provide all help attainable to the complaints, including conciliation,
party-to-party mediation, and advice to the complainant on pertinent matters.
6. Collaborating and networking with NGOs, international and domestic
community groups, and state Women’s commissions to cover a larger
geographic region, provide simple access, and offer support services.
7. Must work to ensure that the different government agencies and organizations,
including state governments, the National Human Rights Commission, Indian
embassies and missions, relevant ministries, etc., respond in a coordinated
manner.
8. Help the lady in need with the legal proceedings and other matters relating to the
complainant or case.
9. Must keep a database of all recorded cases.
10. Obtain reports on the complaints made and the actions done in response to the
State Government and other authorities.
11. Shall provide recommendations and advice to the government on any NRI
marriage-related policy or problem.
12. Look into different legal treaties related to the matter and, where needed,
provide the government with recommendations.
13. Should assemble an advisory committee panel made up of reputable attorneys
and non-governmental organizations from both India and outside, which will
periodically examine the cell’s operation, the cases it has taken on, and its policy
decisions.
14. Should establish a panel of specialists (from all over India) to aid the resentful
wife by providing legal services and other support, such as mediation and
conciliation.
15. Planning training modules and delivering training on topic sensitization to the
different entities tasked with delivering justice.
16. Will plan public awareness efforts for the problem.
17. Any additional duties given to NCW by the Commission or Central Government
must be completed.
