REPORT BY THE SUB-COMMITTEE ON UNCRC 65 of participation: Every child shall have a right to (x) Principle of equality and non-discrimination: be heard and to participate in all processes and There shall be no discrimination against a child on decisions affecting his interest and the child’s views any grounds including sex, caste, ethnicity, place of shall be taken into consideration with due regard birth, disability and equality of access, opportunity to the age and maturity of the child. (iv) Principle and treatment shall be provided to every child. (xi) of best interest: All decisions regarding the child Principle of right to privacy and confidentiality: shall be based on the primary consideration that Every child shall have a right to protection of his they are in the best interest of the child and to help privacy and confidentiality, by all means and the child to develop full potential. (v) Principle of throughout the judicial process. (xii) Principle of family responsibility: The primary responsibility institutionalisation as a measure of last resort: A of care, nurture and protection of the child shall child shall be placed in institutional care as a step be that of the biological family or adoptive or of last resort after making a reasonable inquiry. foster parents, as the case may be. (vi) Principle of (xiii) Principle of repatriation and restoration: Every safety: All measures shall be taken to ensure that child in the juvenile justice system shall have the the child is safe and is not subjected to any harm, right to be re-united with his family at the earliest abuse or maltreatment while in contact with the and to be restored to the same socio-economic and care and protection system, and thereafter. (vii) cultural status that he was in, before coming under Positive measures: All resources are to be mobilised the purview of this Act, unless such restoration and including those of family and community, for repatriation is not in his best interest. (xiv) Principle promoting the well-being, facilitating development of fresh start: All past records of any child under the of identity and providing an inclusive and enabling Juvenile Justice system should be erased except in environment, to reduce vulnerabilities of children special circumstances. (xv) Principle of diversion: and the need for intervention under this Act. Measures for dealing with children in conflict with (viii) Principle of non-stigmatising semantics: law without resorting to judicial proceedings shall Adversarial or accusatory words are not to be used be promoted unless it is in the best interest of the in the processes pertaining to a child. (ix) Principle child or the society as a whole. (xvi) Principles of non-waiver of rights: No waiver of any of the right of natural justice: Basic procedural standards of of the child is permissible or valid, whether sought fairness shall be adhered to, including the right by the child or person acting on behalf of the child, to a fair hearing, rule against bias and the right to or a Board or a Committee and any non-exercise review, by all persons or bodies, acting in a judicial of a fundamental right shall not amount to waiver. capacity under this Act. 91 Section 15 of JJ Act, 2015 (1) In case of a heinous offence alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumustances in which he allegedly committed the offence, and may pass an order in accordance with the provisions of subsection (3) of section 18: Provided that for such an assessment, the Board may take the assistance of experienced psychologists or psycho-social workers or other experts. Explanation.—For the purposes of this section, it is clarified that preliminary assessment is not a trial, but is to assess the capacity of such child to commit and understand the consequences of the alleged offence. (2) Where the Board is satisfied on preliminary assessment that the matter should be disposed of by the Board, then the Board shall follow the procedure, as far as may be, for trial in summons case under the Code of Criminal Procedure, 1973: Provided that the order of the Board to dispose of the matter shall be appealable under sub-section (2) of section 101: Provided further that the assessment under this section shall be completed within the period specified in section 14.