Code
(1) In this Act, unless the context otherwise requires, definitions of various terms relevant to juvenile justice are provided.
(Example entries:)
(2) “Abandoned child” means a child deserted by biological or adoptive parents or guardians, declared abandoned after due inquiry.
(3) “Adoption” refers to the legal process where an adopted child permanently becomes the lawful child of adoptive parents.
(4) “Authority” means the Central Adoption Resource Authority under section 68.
(5) “Child” means a person who has not completed 18 years of age.
… (and so on for other terms)
Explanation
This section provides clarity on important terms used throughout the Juvenile Justice Act, 2015.
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The definitions are critical for uniform interpretation across India.
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Each term like “child in conflict with law”, “fit person”, “special home”, etc., ensures legal procedures are correctly followed for protection and care.
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Definitions also bring Indian law in alignment with international standards like the Hague Convention.
Illustrations
Example 1:
A 16-year-old caught stealing is treated under the definition of a “child in conflict with law” and not as an adult criminal.
Example 2:
A 3-year-old found abandoned at a railway station is declared an “abandoned child” by the Child Welfare Committee after proper inquiry.
Example 3:
An American couple legally adopts a 5-year-old Indian orphan through an “inter-country adoption” process following CARA guidelines.
Common Questions
Q1: Who decides if a child is abandoned?
The Child Welfare Committee (CWC) conducts an inquiry and officially declares the child abandoned.
Q2: What is the age limit for being considered a “child” under this Act?
Any person below 18 years of age.
Q3: Can a foster family adopt a child directly?
No, foster care and adoption are separate. Adoption requires legal procedures under the Act and regulations.
Q4: What is a “Specialised Adoption Agency”?
An institution recognized for housing orphans, abandoned, and surrendered children, and facilitating their adoption.
Conclusion
(1) Section 2 is crucial as it defines the scope and understanding of terms used throughout the Act.
(2) Clear definitions ensure uniformity and prevent confusion in implementation and enforcement.
(3) Proper understanding of these terms is essential for all stakeholders involved with child welfare, including police, judiciary, child protection units, and NGOs.
(4) Ultimately, it supports the Act’s primary aim: ensuring the care, protection, rehabilitation, and best interests of children.
