JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA VOL. 21, 2022 juvenile justice system so as to serve their own interests — the promise of an early release, lures the child to ‘plead guilty’ before the Juvenile Justice Board, even when they have not committed the offence.20 Article 40 of the Convention on Rights of the Child assumes great significance in this matter.21 Article 40 states that the right of every child alleged as, accused of, or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in the society. The following guarantees must be ensured for the child in conflict with law: (a) To be presumed innocent until proven guilty according to law; (b) To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence; (c) Not to be compelled to give testimony or to confess guilt, to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality. They are, thus, denied these very rights and guarantees by the preliminary assessment — ‘right to participation’, ‘right to a fair trial’ — which are the foundation principles of the juvenile justice system.22 This preliminary assessment provision also violates the general principle provided in administration of justice under the Juvenile Justice Act 2015.23 Section 3 of the JJ Act, 2015,24 states the principles of care and protection of children. One of the principle is of presumption 20 21 22 23 24 52 Ibid supra 18 Convention on the Rights of the Child, 1989 (CRC), Article 40. Available at: https://www.ohchr.org/en/instruments-mechanisms/instruments/ convention-rights-child. Visited on 18 Oct. 2022. Bharti Ali, Enakshi Ganguly, “Why preliminary assessment is against the idea of juvenile justice,” India Development Review (IDR), Sept. 27, 2022, https://idronline.org/article/rights/why-preliminary-assessment-is-against-the-idea-of-juvenile-justice/ Recognising the need for basic principles that need to guide the general administration of juvenile justice in India, the JJ Act in Section 3, lays down that the Central Government, the state governments, the Board, and other agencies, as the case may be, while implementing the provisions of this Act shall be guided by certain fundamental principles. One of the principles is the principle of presumption of innocence. Section 3 of Juvenile Justice Act, 2015 — General and fundamental principles to be followed in administration of Act by the Central Government, the state governments, the Board, the Committee and other agencies, as the case may be, while implementing the provisions.