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PSYCHOLOGIST FOR...
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Sunday, September 25, 2011
Juvenile delinquency refers to antisocial or illegal behavior by children or adolescents. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not all of which can be applied to the causes of youth crime. Youth crime is an aspect of crime which receives great attention from the news media and politicians. The level and types of youth crime can be used by commentators as an indicator of the general state of morality and law and order in a country, and consequently youth crime can be the source of ‘moral panics’ [2] Theories on the causes of youth crime can be viewed as particularly important within criminology. This is firstly because crime is committed disproportionately by those aged between fifteen and twenty-five.[3] Secondly, by definition any theories on the causes of crime will focus on youth crime, as adult criminals will have likely started offending when they were young.
A Juvenile Delinquent is a person who is typically under the age of 18 and commits an act that otherwise would've been charged as a crime if they were an adult. Juvenile delinquents sometimes have associated mental disorders and/or behavioral issues such as post traumatic stress disorder or bipolar disorder, and are sometimes diagnosed with conduct disorder[4] partially as both the cause and resulting effects of their behaviors.
The Juvenile Justice Act, 1986
5. Juvenile Courts. –
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the State Government may, by notification in the Official Gazette, constitute for any area specified in the notification, one or more Juvenile Courts for exercising the powers and discharging the duties conferred or imposed on such court in relation to delinquent juveniles under this Act.
(2) A Juvenile Court shall consist of such number of Metropolitan Magistrates or Judicial Magistrates of the first class, as the case may be, forming a Bench as the State Government thinks fit to appoint, of whom one shall be designated as the Principal Magistrate; and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974), on a Metropolitan Magistrate or, as the case may be , a Judicial Magistrate of the first class.
(3) Every Juvenile Court shall be assisted by a panel of two honorary social workers possessing such qualifications as may be prescribed, of whom at least one shall be a woman, and such panel shall be appointed by the State Government.
The Juvenile Justice Act, 1986
9. Juvenile homes. –
(1) The State Government may establish and maintain as many juvenile homes as may be necessary for the reception of neglected juveniles under this Act.
(2) Where the State Government is of opinion that nay institution other than a home established or maintained under sub-section (1) is fit for the reception of the neglected juveniles to be sent there under this Act, it may certify such institution as a juvenile home for the purpose of this Act.
(3) Every juvenile home to which a neglected juvenile is sent under this Act shall not only provide the juvenile with accommodation, maintenance and facilities for education, vocational training and rehabilitation, but also provide him with facilities for the development of his character and abilities and give him necessary training for protecting himself against moral danger or exploitation and shall also perform such other functions as may be prescribed to ensure all round growth and development of his personality.
(4) The State Government may, by rules made under this Act, provide for the management of juvenile homes, including the standards and the nature of services to be maintained by them and the circumstances under which, and the manner in which, the certification of a juvenile home may be granted or withdrawn.
The Juvenile Justice Act, 1986
11. Observation homes. –
(1) The State Government may establish and maintain as many observation homes as may be necessary for the temporary reception of juveniles during the pendency of any inquiry regarding them under this Act.
(2) Where the State Government is of opinion that any institution other than a home established or maintained under sub-section (1) is fit for the temporary reception of juveniles during the pendency of any inquiry regarding them under this Act it may recognise such institution as an observation home for the purposes of this Act.
(3) Every observation home to which a juvenile is sent under this Act shall not only provide the juvenile with accommodation, maintenance and facilities for medical examination and treatment but also provide him with facilities for useful occupation.
(4) The State Government may, by rules made under this Act provide for the management of observation homes, including the standards and the nature of services to be maintained by them, and the circumstances under which, and the manner in which, an institution may be recognised as an observation home or the recognition may be withdrawn.
Collected by the All India Christian Council, www.christiancouncil.in Page 1 of 6
THE JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) AMENDMENT ACT, 2006
No. 33 of 2006
[22nd August, 2006.]
An Act to amend the Juvenile Justice (Care and Protection of Children) Act, 2000.
Be it enacted by Parliament in the Fifty-seventh Year of the
follows:—
1. Short title.- This Act may be called the Juvenile Justice (Care and Protection of
Children) Amendment Act, 2006.
2. Amendment of long title. - In the Juvenile Justice (Care and Protection of
Children) Act, 2000 (hereinafter referred to as the principal Act), in the long title, for the
words “through various institutions established under this enactment”, the words “and for
matters connected therewith or incidental thereto” shall be substituted.
3. Amendment of section 1. - In section 1 of the principal Act,—
(i) in the marginal heading, for the words “and commencement”, the words
“, commencement and application” shall be substituted;
(ii) after sub-section (3), the following sub-section shall be inserted, namely:—
“(4) Notwithstanding anything contained in any other law for the time being in
force, the provisions of this Act shall apply to all cases involving detention,
prosecution, penalty or sentence of imprisonment of juveniles in conflict with
law under such other law.”.
4. Amendment of section 2.- In section 2 of the principal Act,—
(i) after clause (a), the following clause shall be inserted, namely:—
‘(aa) “adoption” means the process through which the adopted child is permanently
separated from his biological parents and become the legitimate child of his adoptive
parents with all the rights, privileges and responsibilities that are attached to the
relationship;’;
(ii) in clause (d),—
(I) after sub-clause (i), the following sub-clause shall be inserted, namely:—
“(ia) who is found begging, or who is either a street child or a working child,”;
(II) in sub-clause (v), after the word ‘abandoned’, the words ‘or surrendered’ shall be
inserted;
(iii) in clause (h), for the words “competent authority”, the words “State Government on the
recommendation of the competent authority” shall be substituted;
(iv) for clause (l), the following clause shall be substituted, namely:—
‘(l) “juvenile in conflict with law” means a juvenile who is alleged to have committed
an offence and has not completed eighteenth year of age as on the date of commission
of such offence;’;
(v) clause (m) shall be omitted.
5. Omission of certain expressions.- Throughout the principal Act, the words “local
authority”, “or local authority” and “or the local authority”, wherever they occur, shall be
omitted. Collected by the All India Christian Council, www.christiancouncil.in Page 2 of 6
6. Amendment of section 4.- In section 4 of the principal Act, in sub-section (1), for
the words “by notification in the Official Gazette, constitute for a district or a group of
districts specified in the notification”, the words “within a period of one year from the date of
commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act,
2006, by notification in the Official Gazette, constitute for every district” shall be substituted.
7. Amendment of section 6.- In section 6 of the principal Act, in sub-section (1), the
words “or a group of districts” shall be omitted.
8. Insertion of new section 7A.- After section 7 of the principal Act, the following
section shall be inserted,
namely:—
“7A.Procedure to be followed when claim of juvenility is raised before any court.- (1)
Whenever a claim of juvenility is raised before any court or a court is of the opinion
that an accused person was a juvenile on the date of commission of the offence, the
court shall make an inquiry, take such evidence as may be necessary (but not an
affidavit) so as to determine the age of such person, and shall record a finding whether
the person is a juvenile or a child or not, stating his age as nearly as may be:
Provided that a claim of juvenility may be raised before any court and it shall be
recognised at any stage, even after final disposal of the case, and such claim shall be
determined in terms of the provisions contained in this Act and the rules made
thereunder, even if the juvenile has ceased to be so on or before the date of
commencement of this Act.
(2) If the court finds a person to be a juvenile on the date of commission of the
offence under sub-section (1), it shall forward the juvenile to the Board for passing
appropriate order, and the sentence if any, passed by a court shall be deemed to have
no effect.’’.
9. Amendment of section 10.- In section 10 of the principal Act, for sub-section (1),
the following sub-section shall be substituted, namely:—
“(1) As soon as a juvenile in conflict with law is apprehended by police, he shall be
placed under the charge of the special juvenile police unit or the designated police
officer, who shall produce the juvenile before the Board without any loss of time but
within a period of twenty-four hours of his apprehension excluding the time necessary
for the journey, from the place where the juvenile was apprehended, to the Board:
Provided that in no case, a juvenile in conflict with law shall be placed in a police
lockup or lodged in a jail.”.
10. Amendment of section 12.- In section 12 of the principal Act, in sub-section (1),
after the words “with or without surety”, the words “or placed under the supervision of a
Probation Officer or under the care of any fit institution or fit person” shall be inserted.
11. Amendment of section 14. - Section 14 of the principal Act shall be renumbered
as sub-section (1) thereof, and after sub-section (1) as so renumbered, the following subsection shall be inserted, namely:—
“(2) The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review
the pendency of cases of the Board at every six months, and shall direct the Board to
increase the frequency of its sittings or may cause the constitution of additional
Boards.”. Collected by the All India Christian Council, www.christiancouncil.in Page 3 of 6
12.Amendment of section 15.- In section 15 of the principal Act, in sub-section (1),
for clause (g), the following clause shall be substituted, namely:—
“(g) make an order directing the juvenile to be sent to a special home for a period of
three years:
Provided that the Board may, if it is satisfied that having regard to the nature
of the offence and the circumstances of the case, it is expedient so to do, for reasons
to be recorded, reduce the period of stay to such period as it thinks fit.".
13. Amendment of section 16.- In section 16 of the principal Act,—
(i) in sub-section (1), for the words “or life imprisonment”, the words “or imprisonment for
any term which may extend to imprisonment for life” shall be substituted;
(ii) in sub-section (2), for the proviso, the following proviso shall be substituted, namely:—
“Provided that the period of detention so ordered shall not exceed in any case the
maximum period provided under section 15 of this Act.”.
14. Amendment of section 20.- In section 20 of the principal Act, the following
proviso and Explanation shall be inserted, namely:—
“Provided that the Board may, for any adequate and special reason to be mentioned in
the order, review the case and pass appropriate order in the interest of such juvenile.
Explanation.— In all pending cases including trial, revision, appeal or any other
criminal proceedings in respect of a juvenile in conflict with law, in any court, the
determination of juvenility of such a juvenile shall be in terms of clause (l) of section
2, even if the juvenile ceases to be so on or before the date of commencement of this
Act and the provisions of this Act shall apply as if the said provisions had been in
force, for all purposes and at all material times when the alleged offence was
committed.”.
15. Substitution of new section for section 21.- For section 21 of the principal Act,
the following section shall be substituted, namely :—
“21. Prohibition of publication of name, etc., of juvenile in conflict with law or child
in need of care and protection involved in any proceeding under the Act.- (1) No
report in any newspaper, magazine, news-sheet or visual media of any inquiry
regarding a juvenile in conflict with law or a child in need of care and protection
under this Act shall disclose the name, address or school or any other particulars
calculated to lead to the identification of the juvenile or child nor shall any picture of
any such juvenile or child be published:
Provided that for reasons to be recorded in writing, the authority holding the inquiry
may permit such disclosure, if in its opinion such disclosure is in the interest of the
juvenile or the child.
(2) Any person who contravenes the provisions of sub-section (1), shall be
liable to a penalty which may extend to twenty-five thousand rupees.”.
16. Amendment of section 29. - In section 29 of the principal Act, in sub-section (1),
for the words ‘‘by notification in Official Gazette, constitute for every district, or group of
districts specified in the notification’’, the words ‘‘within a period of one year from the date
of commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act,
2006, by notification in the Official Gazette, constitute for every district’’ shall be
substituted. Collected by the All India Christian Council, www.christiancouncil.in Page 4 of 6
17. Amendment of section 32.- In section 32 of the principal Act,—
(a) in sub-section (1),—
(i) in clause (iv), the words ‘‘authorised by the State Government’’ shall be omitted;
(ii) the following proviso shall be inserted at the end, namely:—
“Provided that the child shall be produced before the Committee without any
loss of time but within a period of twenty-four hours excluding the time
necessary for the journey.”;
(b) in sub-section (2), the words “to the police and” shall be omitted.
18. Amendment of section 33.- In section 33 of the principal Act,—
(a) in sub-section (1), the words “or any police officer or special juvenile police unit or the
designated police officer” shall be omitted;
(b) for sub-section (3), the following sub-sections shall be substituted, namely:—
“(3) The State Government shall review the pendency of cases of the Committee at
every six months, and shall direct the Committee to increase the frequency of its
sittings or may cause the constitution of additional Committees.
(4) After the completion of the inquiry, if, the Committee is of the opinion that the
said child has no family or ostensible support or is in continued need of care and
protection, it may allow the child to remain in the children’s home or shelter home till
suitable rehabilitation is found for him or till he attains the age of eighteen years.”.
19. Amendment of section 34.- In section 34 of the principal Act, after sub-section
(2), the following sub-section shall be inserted, namely:—
“(3) Without prejudice to anything contained in any other law for the time being in
force, all institutions, whether State Government run or those run by voluntary
organisations for children in need of care and protection shall, within a period of six
months from the date of commencement of the Juvenile Justice (Care and Protection
of Children) Amendment Act, 2006, be registered under this Act in such manner as
may be prescribed.”.
20. Amendment of section 39.- In section 39 of the principal Act, for the
Explanation, the following Explanation shall be substituted, namely:—
‘Explanation.— For the purposes of this section “restoration of and protection of a
child” means restoration to—
(a) parents;
(b) adopted parents;
(c) foster parents;
(d) guardian;
(e) fit person;
(f) fit institution.’.
21. Amendment of section 39.- In section 41 of the principal Act,—
(i) for sub-sections (2), (3) and (4), the following sub-sections shall be substituted, namely:—
“(2) Adoption shall be resorted to for the rehabilitation of the children who are
orphan, abandoned or surrendered through such mechanism as may be prescribed.
(3) In keeping with the provisions of the various guidelines for adoption issued from
time to time, by the State Government, or the Central Adoption Resource Agency and
notified by the Central Government, children may be given in adoption by a court
after satisfying itself regarding the investigations having been carried out, as are
required for giving such children in adoption. Collected by the All India Christian Council, www.christiancouncil.in Page 5 of 6
(4) The State Government shall recognise one or more of its institutions or voluntary
organisations in each district as specialised adoption agencies in such manner as may
be prescribed for the placement of orphan, abandoned or surrendered children for
adoption in accordance with the guidelines notified under sub-section (3):
Provided that the children's homes and the institutions run by the State Government or
a voluntary organisation for children in need of care and protection, who are orphan,
abandoned or surrendered, shall ensure that these children are declared free for
adoption by the Committee and all such cases shall be referred to the adoption agency
in that district for placement of such children in adoption in accordance with the
guidelines notified under sub-section (3).”;
(ii) for sub-section (6), the following sub-section shall be substituted, namely:—
“(6) The court may allow a child to be given in adoption—
(a) to a person irrespective of marital status; or
(b) to parents to adopt a child of same sex irrespective of the number of living
biological sons or daughters; or
(c) to childless couples.”.
22. Substitution of new section for section 57. - For section 57 of the principal Act,
the following section shall be substituted, namely :—
“57. Transfer between children's homes under the act, and juvenile homes of like
nature in different parts of
juvenile to be transferred from any children’s home or special home within the State
to any other children’s home, special home or institution of a like nature or to such
institutions outside the State in consultation with the concerned State Government and
with the prior intimation to the Committee or the Board, as the case may be, and such
order shall be deemed to be operative for the competent authority of the area to which
the child or the juvenile is sent.”.
23. Amendment of section 59. - In section 59 of the principal Act, in sub-section (2),
for the words “for maximum seven days”, the words “for a period generally not exceeding
seven days” shall be substituted.
24. Insertion of new section 62A.- After section 62 of the principal Act, the
following section shall be inserted, namely:—
“62A.Constitution of Child Protection Unit responsible for implementation of the
Act.- Every State Government shall constitute a Child Protection Unit for the State
and, such Units for every District, consisting of such officers and other employees as
may be appointed by that Government, to take up matters relating to children in need
of care and protection and juveniles in conflict with law with a view to ensure the
implementation of this Act including the establishment and maintenance of homes,
notification of competent authorities in relation to these children and their
rehabilitation and co-ordination with various official and non-official agencies
concerned.”.
25. Amendment of section 64.- In section 64 of the principal Act,—
(i) for the words “may direct”, the words “shall direct” shall be substituted;
(ii) the following proviso and Explanation shall be inserted, namely:—
“Provided that the State Government, or as the case may be the Board, may, for any
adequate and special reason to be recorded in writing, review the case of a juvenile in
conflict with law undergoing a sentence of imprisonment, who has ceased to be so on Collected by the All India Christian Council, www.christiancouncil.in Page 6 of 6
or before the commencement of this Act, and pass appropriate order in the interest of
such juvenile.
Explanation.—In all cases where a juvenile in conflict with law is undergoing
a sentence of imprisonment at any stage on the date of commencement of this Act, his
case including the issue of juvenility, shall be deemed to be decided in terms of clause
(l) of section 2 and other provisions contained in this Act and the rules made
thereunder, irrespective of the fact that he ceases to be a juvenile on or before such
date and accordingly he shall be sent to the special home or a fit institution, as the
case may be, for the remainder of the period of the sentence but such sentence shall
not in any case exceed the maximum period provided in section 15 of this Act.".
26. Amendment of section 68.- In section 68 of the principal Act,—
(a) in sub-section (1), the following proviso shall be inserted, namely:—
“Provided that the Central Government may, frame model rules in respect of all or
any of the matters with respect to which the State Government may make rules under
this section, and where any such model rules have been framed in respect of any such
matter, they shall apply to the State until the rules in respect of that matter is made by
the State Government and while making any such rules, so far as is practicable, they
conform to such model rules.”;
(b) in sub-section (2),—
(i) in clause (x), after the words, letter and brackets “sub-section (2)”, the following
words, letter and brackets shall be inserted, namely:—
“and the manner of registration of institutions under sub-section (3)”;
(ii) after clause (xii), the following clause shall be inserted, namely:—
“(xiia) rehabilitation mechanism to be resorted to in adoption under sub-section (2),
notification of guidelines under sub-section (3) and the manner of recognition of
specialised adoption agencies under sub-section (4) of section 41;”;
(c) sub-section (3) shall be re-numbered as sub-section (4) thereof, and before
sub-section (4) as so re-numbered, the following sub-section shall be inserted
namely:—
“(3) Every rule made by the Central Government under this Act shall be
laid, as soon as may be after it is made, before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done under that rule.”.
K.N. CHATURVEDI,
Secy. to the Govt. of
Source: http://indiacode.nic.in/fullact1.asp?tfnm=200633
Download date: June 5, 2007
The Juvenile Justice Act, 1986
2. Definitions –
In this Act, unless the context otherwise requires, - (a) "Begging" means -
(i) Soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, whether under the pretence of singing, dancing, fortune-telling, performing tricks or selling articles or otherwise ;
(ii) Exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal ;
(iii) Allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms ;
(b) "Board" means a Juvenile Welfare Board constituted under section 4;
(c) "Brothel", prostitute", "prostitution" and "public place" shall have the meanings respectively assigned to them in the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956) ;
(d) "Competent authority" means, in relation to neglected Juveniles, a Board and, in relation to delinquent Juveniles, a Juvenile Court and where no such Board or Juvenile Court has been constituted, includes any court empowered under sub-section (2) of section 7 to exercise the powers conferred on a Board or Juvenile Court ;
(e) ‘Delinquent juvenile’ means a juvenile who has been found to have committed an offence ;
(f) "Fit person" or "fit institution" means any person or institution (not being a police station or jail) found fit by the competent authority to receive and take care of a juvenile entrusted to his or its care and protection on the terms and conditions specified by the competent authority ;
(g) ‘Guardian’ in relation to a juvenile, includes any person who, in the opinion of the competent authority, having cognizance of any proceeding in relation to a juvenile, has, for the time being, the actual charge of, or control over, that juvenile ;
(h) ‘Juvenile’ means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years ;
(i) "Juvenile Court" means a court constituted under section 5;
(j) "Juvenile home" means an institution established or certified by the State Government under section 9 as a Juvenile home ;
(k) "Narcotic drug’ and ‘psychotropic substance’ shall have the meanings respectively assigned to them in the Narcotic Drugs and psychotropic Substances Act, 1985 (61 of 1985) ;
(l) "Neglected juvenile" means a juvenile who –
(i) Is found begging ; or
(ii) Is found without having any home or settled place of abode and without any ostensible means of subsistence and is destitute ; or
(iii) Has a parent or guardian who is unfit or incapacitated to exercise control over the juvenile ; or
(iv) Lives in a brothel or with a prostitute or frequently goes to any place used for the purpose of prostitution, or is found to associate with any prostitute or any other person who leads an immoral, drunken or depraved life ; or
(v) Who is being or is likely to be abused or exploited for immoral or illegal purposes or unconscionable gain ;
(m) "Observation homes" means any institution or place established or recognised by the State Government under section 11 as an observation home ;
(n) "Offence" means an offence punishable under any law for the time being in force ;
(o) "Place of safety" means any place or institution (not being a police station or jail), the person in charge of which is willing temporarily to receive and take care of a juvenile and which, in the opinion of the competent authority may be a place of safety for the juvenile ;
(p) "Prescribed" means prescribed by rules made under this Act;
(q) "Probation officer" means an officer appointed as a probation officer
under this Act or under the Probation of Offenders Act, 1958 (20 of 1958);
(r ) "Special home" means an institution established or certified by the State Government under section 10;
(s) "Supervision", in relation to a juvenile placed under the care of any parent, guardian or other fit person or fit institution under this Act, means the supervision of that juvenile by a probation officer for the purpose of ensuring that the juvenile is properly looked after and that the conditions imposed by the competent authority are complied with ;
(t) All words and expressions used but not defined in this Act and defined in the Code of Criminal Procedure, 1973 (2 of 1974), shall have the meanings respectively assigned to them in that Code.
The Juvenile Justice Act, 1986
12. After-care organisations. –
The State Government may, by rules made under this Act, provide – (a) For the establishment or recognition of after-care organisations and the powers that may be exercised by them for effectively carrying out their functions under this Act :
(b) For a scheme of after-care programme to be followed by such after-care organisations for the purpose of taking care of juveniles after they leave juvenile homes or special homes and for the purpose of enabling them to lead an honest, industrious and useful life ;
(c ) For the preparation or submission of a report by the probation officer in respect of each juvenile prior to his discharge from a juvenile home or special home, as the case may be, regarding the necessity and nature of after-care of such juvenile, the period of such after-care, supervision thereof and for the submission of a report by the probation officer on the progress of each such juvenile ;
(d) For the standards and the nature of services to be maintained by such after-care organisations ;
(e) For such other matters as may be necessary for the purpose of effectively carrying out the scheme of after-care programme of juveniles.
The Juvenile Justice Act, 1986
4. Juvenile Welfare Boards. –
(1) The State Government may, by notification in the Official Gazette, constitute for any area specified in the notification, one or more Juvenile Welfare Boards for exercising the powers and discharging the duties conferred or imposed on such Board in relation to neglected juveniles under this Act.
(2) A Board shall consist of a Chairman and such other members as the State Government thinks fit to appoint, of whom not less than one shall be a woman; and every such member shall be vested with the powers of a Magistrate under the Code of Criminal Procedure, 1973 (2 of 1974).
(3) The Board shall function as a Bench of Magistrates and shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974), on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class.
he Juvenile Justice Act, 1986
5. Juvenile Courts. –
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the State Government may, by notification in the Official Gazette, constitute for any area specified in the notification, one or more Juvenile Courts for exercising the powers and discharging the duties conferred or imposed on such court in relation to delinquent juveniles under this Act.
(2) A Juvenile Court shall consist of such number of Metropolitan Magistrates or Judicial Magistrates of the first class, as the case may be, forming a Bench as the State Government thinks fit to appoint, of whom one shall be designated as the Principal Magistrate; and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974), on a Metropolitan Magistrate or, as the case may be , a Judicial Magistrate of the first class.
(3) Every Juvenile Court shall be assisted by a panel of two honorary social workers possessing such qualifications as may be prescribed, of whom at least one shall be a woman, and such panel shall be appointed by the State Government.
The Juvenile Justice Act, 1986
7. Powers of Board and Juvenile Court. –
(1) Where a Board or a Juvenile Court has been constituted for any area, such Board or Court, shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act have power to deal exclusively with all proceedings under this Act relating to neglected juveniles or delinquent juveniles, as the case may be :
Provided that a Board or a Juvenile Court may, if it is of opinion that it is necessary so to do having regard to the circumstances of the case, transfer any proceedings to any Juvenile Court or Board, as the case may be :
Provided further that where there is any difference of opinion between a Board and a Juvenile Court regarding the transfer of any proceedings under the first proviso, it shall be referred to the Chief Metropolitan Magistrate or, as the case may be, the Chief Judicial Magistrate for decision, and in a case where the District Magistrate is functioning as a Board or a Juvenile Court, such difference of opinion shall be referred to the Court of Session, and the decision of the Chief Metropolitan Magistrate or Chief Judicial Magistrate or, as the case may be, the Court of Session on such reference shall be final.
(2) Where no Board or Juvenile Court has been constituted for any area, the powers conferred on the Board or the Juvenile Court by or under this Act shall be exercised in that area, only by the following, namely :-
(a) The District Magistrate ; or
(b) The Sub-Divisional Magistrate ; or
(c ) Any Metropolitan Magistrate or Judicial Magistrate of the first class, as the case may be.
(3) The powers conferred on the Board or Juvenile Court by or under this Act may also be exercised by the High Court and the Court of Session, when the proceeding comes before them in appeal, revision or otherwise.
The Juvenile Justice Act, 1986
10. Special homes. –
(1) The State Government may establish and maintain as many special homes as may be necessary for the reception of delinquent juveniles under this Act.
(2) Where the State Government is of opinion that any institution other than a home established or maintained under sub-section (1) is fit for the reception of the delinquent juveniles to be sent there under this Act, it may certify such institution as a special home for the purposes of this Act.
(3) Every special home to which a delinquent juvenile is sent under this Act shall not only provide the juvenile with accommodation, maintenance and facilities for education, vocational training and rehabilitation, but also provide him with facilities for the development of his character and abilities and give him necessary training for his reformation and shall also perform such other functions as may be prescribed to ensure all round growth and development of his personality.
(4) The State Government may, by rules made under this Act, provide for the management of special homes, including the standards and the nature of services to be maintained by them, and the circumstances under which, and the manner in which, the certification of a special home may be granted or withdrawn.
(5) The rules made under sub-section (4) may also provide for the classification and separation of delinquent juveniles on the basis of age and nature of offences committed by them.
The Juvenile Justice Act, 1986
13. Production of neglected juveniles before Boards. –
(1) If any police officer or any other person or organisation authorised by the State Government in this behalf, by general or special order, is of opinion that a person is apparently a neglected juvenile, such police officer or other person or organisation may take charge of that person for bringing him before a Board.
(2) When information is given to an officer-in-charge of a police station about any neglected juvenile found within the limits of such station, he shall enter in a book to be kept for the purpose the substance of such information and take such action thereon as be deems fit and if such officer does not propose to take charge of the juvenile, he shall forward a copy of the entry made to the Board.
(3) Every juvenile taken charge of under sub-section (1) shall be brought before the Board without any loss of time but within a period of twenty-four hours of such charge taken excluding the time necessary for the journey from the place where the juvenile had been taken charge of to the Board.
(4) Every juvenile taken charge of under sub-section (1) shall, unless he is kept with his parent or guardian, be sent to an observation home (but not to a police station or jail) until he can be brought before a Board.
The Juvenile Justice Act, 1986
17. Uncontrollable juveniles. –
Where a parent or guardian of a juvenile complaints to the Board that he is not able to exercise proper care and control over the juvenile and the Board is satisfied on inquiry that proceedings under this Act should be initiated regarding the juvenile, it may send the juvenile to an observation home or a place of safety and make such further inquiry as it may deem fit and the provisions of section 15 and section 16 shall, as far as may be, apply to such proceedings.
Wednesday, September 7, 2011
This is the effort to reach the psychiatric awareness to the society
Here we are discussing about various psychiatric illness and various social issues
Let’s hope this may be help you to understand more
Applied psychology
The basic premise of applied psychology is the use of psychological principles and theories to overcome problems in other areas, such as mental health,business management, education, health, product design, ergonomics, and law. Applied psychology includes the areas of clinical psychology, industrial and organizational psychology, occupational health psychology, human factors, forensic psychology, engineering psychology, as well as many other areas such as school psychology, sports psychology and community psychology. In addition, a number of specialized areas in the general field of psychology have applied branches (e.g., applied social psychology, applied cognitive psychology).
One founder of applied psychology was Hugo Münsterberg. He came to America from Germany, and, like many aspiring psychologists during the late 19th century, originally studied philosophy. Münsterberg had many interests in the field of psychology such as purposive psychology, social psychology and forensic psychology. In 1907 he wrote several magazine articles concerning legal aspects of testimony, confessions and courtroom procedures, which eventually developed into his book, On the Witness Stand. The following year the Division of Applied Psychology was adjoined to the Harvard Psychological Laboratory. Within 9 years he had contributed eight books in English, applying psychology to education, industrial efficiency, business and teaching. Eventually Hugo Münsterberg and his contributions would define him as the creator of applied psychology. In 1920, the International Association of Applied Psychology (IAAP) was founded, as the first international scholarly society within the field of psychology.
| Certain areas · 3 Forensic psychology and legal psychology · 6 Industrial and organizational psychology · 7 Occupational health psychology |
Clinical psychology
Clinical psychology includes the study and application of psychology for the purpose of understanding, preventing, and relieving psychologically-based distress or dysfunction and to promote subjective well-being and personal development.[1] Central to its practice are psychological assessment and psychotherapy, although clinical psychologists may also engage in research, teaching, consultation, forensic testimony, and program development and administration.[2] Some clinical psychologists may focus on the clinical management of patients withbrain injury—this area is known as clinical neuropsychology. In many countries clinical psychology is a regulated mental health profession.
The work performed by clinical psychologists tends to be done inside various therapy models, all of which involve a formal relationship between professional and client—usually an individual, couple, family, or small group—that employs a set of procedures intended to form a therapeutic alliance, explore the nature of psychological problems, and encourage new ways of thinking, feeling, or behaving. The four major perspectives are psychodynamic, cognitive behavioral, existential-humanistic, and systems or family therapy. There has been a growing movement to integrate these various therapeutic approaches, especially with an increased understanding of issues regarding ethnicity, gender, spirituality, and sexual-orientation. With the advent of more robust research findings regarding psychotherapy, there is growing evidence that most of the major therapies are about of equal effectiveness, with the key common element being a strong therapeutic alliance.[3][4] Because of this, more training programs and psychologists are now adopting an eclectic therapeutic orientation.
Clinical psychologists do not usually prescribe medication, although there is a growing number of psychologists who do have prescribing privileges, in the field of medical psychology.[5]In general, however, when medication is warranted many psychologists will work in cooperation with psychiatrists so that clients get all their therapeutic needs met.[2] Clinical psychologists may also work as part of a team with other professionals, such as social workers and nutritionists.
[edit]Educational psychology
Educational psychology is devoted to the study of how humans learn in educational settings, especially schools, and the effectiveness of educational interventions (e.g., phonics versuswhole language instruction in early reading attainment). Another domain of educational psychology is the psychology of teaching. In some colleges, educational psychology courses are called "the psychology of learning and teaching". Educational psychology derives a great deal from basic-science disciplines within psychology including cognitive science andbehaviorially-oriented research on learning.
[edit]Forensic psychology and legal psychology
Forensic psychology and legal psychology are the area concerned with the application of psychological methods and principles to legal questions and issues. Most typically, forensic psychology involves a clinical analysis of a particular individual and an assessment of some specific psycho-legal question. Legal psychology refers to any application of psychological principles, methods or understanding to legal questions or issues. In addition to the applied practices, legal psychology also includes academic or empirical research on topics involving the relationship of law to human mental processes and behavior.
[edit]Health psychology
Health psychology concerns itself with understanding how biology, behavior, and social context influence health and illness.[6] Health psychologists generally work alongside other medical professionals in clinical settings, although many also teach and conduct research. Although its early beginnings can be traced to the kindred field of clinical psychology, four different approaches to health psychology have been defined: clinical, public health, community and critical health psychology.[7] Health psychologists also aim to change health behaviors for the dual purpose of helping people stay healthy and helping patients adhere to disease treatment regimens. Cognitive behavioral therapy and behavior modification are techniques often used for this purpose.
[edit]Human factors
Human factors is the study of how cognitive and psychological processes affect our interaction with tools and objects in the environment. The goal of research in human factors is to understand the limitations and biases of human mental processes and behavior.
[edit]Industrial and organizational psychology
Industrial and organizational psychology focuses to varying degrees on the psychology of the workforce, customer, and consumer, including issues such as the psychology of recruitment, selecting employees from an applicant pool which overall includes training, performance appraisal, job satisfaction, work behavior, stress at work and management.
Career counseling is another aspect of counseling closely related to industrial/organizational psychology. Counselors in this field assist clients in a variety of settings ranging from schools to vocational to organization sites, to name a few. One of the main goals of the profession is to help clients realize their talents and dreams in response to a career and help them create successful job skills to then apply to their career search. Many times career counselors act as consultants to companies, other times they work as a team in academic and career counseling capacities, and other times they work for a social service agency specifically working with people who need assistance in the job search process.
Generally a Master's degree is needed to get into the field. As there are not many career counseling Master's programs, many enter the field with a degree in mental health counseling or community counseling.
Since jobs are such defining experiences for people, having the ability to gain helpful insight, tips, and encouragement from career counselors is a definite benefit. The career counseling field can only increase in popularity as people on average change jobs every ten years, instead of 30 years ago where many people stayed with the same company the majority of their working career.
[edit]Occupational health psychology
Occupational health psychology (OHP) is a relatively new discipline that emerged out of the confluence of health psychology, industrial and organizational psychology, and occupational health.[8] OHP has its own doctoral programs, journals, and professional organizations. The field is concerned with identifying psychosocial characteristics of workplaces that give rise to health-related problems in people who work. These problems can involve physical health (e.g., cardiovascular disease[9]) or mental health (e.g., depression[10]). Examples of psychosocial characteristics of workplaces that OHP has investigated include amount of decision latitude[11] a worker can exercise and the supportiveness of supervisors.[12] OHP is also concerned with the development and implementation of interventions that can prevent or ameliorate work-related health problems.[13] In addition, OHP research has important implications for the economic success of organizations.[14] Other research areas of concern to OHP include workplace incivility[15] and violence,[16] work-home carryover,[17] unemployment[18] and downsizing,[19] and workplace safety[20] and accident prevention.[21] Two important OHP journals are the Journal of Occupational Health Psychology and Work & Stress. Two important organizations closely associated with OHP are the Society for Occupational Health Psychology and the European Academy of Occupational Health Psychology.
[edit]School psychology
School psychology is a field that applies principles of clinical psychology and educational psychology to the diagnosis and treatment of students' behavioral and learning problems. School psychologists are educated in child and adolescent development, learning theories, psychological and psychoeducational assessment, personality theories, therapeutic interventions, special education, psychology, consultation, child and adolescent psychopathology, and the ethical, legal and administrative codes of their profession.
According to Division 16 (Division of School Psychology) of the American Psychological Association (APA), school psychologists operate according to a scientific framework. They work to promote effectiveness and efficiency in the field. School psychologists conduct psychological assessments, provide brief interventions, and develop or help develop prevention programs. Additionally, they evaluate services with special focus on developmental processes of children within the school system, and other systems, such as families. School psychologists consult with teachers, parents, and school personnel about learning, behavioral, social, and emotional problems. They may teach lessons on parenting skills (like school counselors), learning strategies, and other skills related to school mental health. In addition, they explain test results to parents and students. They provide individual, group, and in some cases family counseling (State Board of Education 2003; National Clearinghouse for Professions in Special Education, n.d.). School psychologists are actively involved in district and school crisis intervention teams. They also supervise graduate students in school psychology. School psychologists in many districts provide professional development to teachers and other school personnel on topics such as positive behavior intervention plans and achievement tests.
School psychologists are influential within the school system and are frequently consulted to solve problems. Practitioners should be able to provide consultation and collaborate with other members of the educational community and confidently make decisions based on empirical research.
[edit]Sport psychology (related to exercise psychology)
Sport psychology is a specialization within psychology that seeks to understand psychological/mental factors that affect performance in sports, physical activity and exercise and apply these to enhance individual and team performance. It deals with increasing performance by managing emotions and minimizing the psychological effects of injury and poor performance. Some of the most important skills taught are goal setting, relaxation, visualization, self-talk awareness and control, concentration, using rituals, attribution training, and periodization. The principles and theories may be applied to any human movement or performance tasks (e.g., playing a musical instrument, acting in a play, public speaking, motor skills). Usually, experts recommend that students be trained in both kinesiology (i.e., sport and exercise sciences, physical education) and counseling.
[edit]Additional areas
[edit]See also
§ List of important publications in psychology
Ref. wikipedia
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