6. What are the General Principles of Care and Protection of Children?
The Juvenile Justice (Care and Protection of Children) Act, 2015, lays down the following general principles under Sec 3 for the care and protection of children:
| No. | Principle | Explanation |
|---|---|---|
| 1 | Principle of Presumption of Innocence | Every child is presumed innocent unless proven otherwise. The benefit of doubt is given to children in legal proceedings. |
| 2 | Principle of Dignity and Worth | Children must be treated with respect, ensuring their dignity. Any action or decision should promote their self-worth. |
| 3 | Principle of Participation | Children have the right to be heard in all matters concerning them. Their opinions should be taken into account during proceedings. |
| 4 | Principle of Best Interest | Decisions should prioritize the physical, emotional, and mental well-being of the child. For example, a child rescued from labor should be placed in a safe environment that supports their growth. |
| 5 | Principle of Family Responsibility | Families are recognized as primary caregivers and should be supported in fulfilling this role. Wherever possible, efforts should be made to reunite children with their families. |
| 6 | Principle of Safety | Children must be protected from harm, neglect, abuse, and exploitation. Safe spaces must be provided during rehabilitation. |
| 7 | Positive Measures | Proactive steps should be taken to address the root causes of juvenile offenses. For instance, providing education and vocational training to prevent delinquency. |
| 8 | Principle of Non-Stigmatizing Semantics | Avoid language that labels or stigmatizes children, such as “delinquent.” Use terms like “child in conflict with the law” instead. |
| 9 | Principle of Non-Waiver of Rights | Children cannot waive their legal rights, even unintentionally. Authorities must ensure their rights are always protected. |
| 10 | Principle of Equality and Non-Discrimination | Every child must be treated equally, regardless of gender, religion, caste, or social background. Discrimination is prohibited at all levels. |
| 11 | Principle of Right to Privacy and Confidentiality | The identity of children in legal proceedings must be protected. Media cannot disclose the child’s name or details. |
| 12 | Principle of Institutionalization as a Measure of Last Resort | Institutional care should only be considered when other options, like family care, are not viable. It should be for the shortest duration possible. |
| 13 | Principle of Repatriation and Restoration | Efforts should be made to return children to their families or home states. For example, a trafficked child should be reunited with their family once it is safe. |
| 14 | Principle of Fresh Start | A child’s past offenses must not be held against them in the future. Records of offenses can be expunged to allow reintegration into society. |
| 15 | Principle of Diversion | Minor offenses should be handled outside formal judicial processes, like through counseling or community service. This prevents unnecessary exposure to the criminal justice system. |
| 16 | Principles of Natural Justice | Fairness, impartiality, and transparency must guide all proceedings involving children. Decisions must be made without bias, ensuring due process. |
