The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021[i]

Introduction:

On March 24, 2021, The Lok Sabha has passed the amended bill on Juvenile Justice, The Juvenile Justice (Care and Protection) Amendment Bill, 2021. The Ministry of Women and Child Development amends the Juvenile Justice (Care and Protection of Children) Act, 2015. The amended bill “The Juvenile Justice (Care and Protection) Amendment Bill, 2021” seeks to improve the provision relating to the protection and adoption of children, and provisions related to children in conflict with law and children in need of care and protection. 

The problems which were taken into consideration to amend the J.J Act, 2015 are:

• The National Commission for Protection of Child Rights, also known as (NCPCR) carried out an audit of Child Care Institutions (CCI), it was found that around 40% of CCI’s were not registered.
• It was found that less than 20% CCI especially for girls, had not been set up in some states.
• Child welfare officers were not there according to the capacity.
• Most of the CCI has no toilets.
• The drinking water facility is not there.
• Around 12-15% of homes do not have the provision of separate beds.
• No diet plan is followed.

Looking deeply at the conditions of childcare homes or CCI’s the government has come with this amendment. The main amends which were proposed in the bill are related to a serious offence, Non-Cognizable Offence, Adoption, Appeals, etc.

Major Changes:

• Serious Offences: The Act states that the Juvenile Justice Board will inquire about the child who is accused of a serious offence. Serious offences are those offences for which the punishment is imprisonment between 3-7 years. The bill adds that the serious offence will also include the offences for which the maximum punishment is imprisonment of more than 7 years.  

[Amendment] The Act states that an offence that is punishable with imprisonment between three-seven years will be cognizable (i.e arrest can be made without a warrant) and is non-bailable. The bill amends this to provide that such offences will be non-cognizable.

• Adoption: The act prescribes the procedure for the adoption of children by prospective adoptive parents from India and abroad. After the initial adoption of a child by prospective parents, a specialized agency applies to civil court for further legal adoption procedure. The court after satisfaction, issue the adoption order which will give effect to adoption. This will certify that adoption is legal and child belongs to the adoptive parents.

[Amendment] The amendment in the bill is made that instead of court, the District Magistrate of the concerned jurisdiction will issue such an adoption order.

• Appeals: The Bill provides that any person aggrieved from the adoption order passed by the concerned District Magistrate, may appeal before Divisional Commissioner within the period of 30 days from the date of passing such adoption order. It also states that such appeals must be disposed of within four weeks from the date of its filing.

• Other functions of District Magistrate: District Magistrate besides issuing adoption order, DM has the duty to supervise the District Child Protection Unit, Conducting and reviewing the functioning of the Child Welfare Committee.

• Special Courts: The Act states that an offence against children under J.J Act, 2015 is punishable with imprisonment of the term more than seven years, will try in the children’s court. Other offences which is punishable with less than seven years will be tried by any Judicial Magistrate. [Amendment] The Juvenile Justice (Care and Protection) Amendment Bill, 2021 proposes that all the offences under the act be tried in Children’s Court.

• Child Welfare Committee (CWC): The Act provides that states constitute one or more CWC for each district for dealing with children in need of care and protection. It provides certain criteria for the appointment of members to CWC. An appointment should be involved in Health, Education, and Professional with a degree in child psychology, law, or social work.

The Bill specifies that certain additional criteria for the appointment of CWC members. It provides that a person will not eligible to be a member of CWC if he:

1. Has any record of violation of human rights or child rights
2. Has been convicted of an offence involving moral turpitude, and such conviction has not been reversed.
3. Has been removed or dismissed from service of the central government.
4. Is part of the management of a child care institution in a district.

• Child Care Institution (CCI): All CCI’s are to be mandatorily registered under the Act within six months from the date of commencement of the act.

Conclusion:

The proposed amendments in the bill facilitate the effective response of the District Administration towards various issues relating to children and their protection. It aims to ease the adoption process at the district level by giving authority to concerned district magistrates. Certain amendments in the Juvenile Justice (Care and Protection of Children) Act, 2015 ensures the greater involvement of the District Magistrate for the effective implementation of the act and protection of children. The Indian Constitution gives equal rights for children and the state has a duty to make suitable laws, measures, schemes for the protection and welfare of children. Through this amendment, the problem in the delay of adoption orders can be resolved as it makes it easy for prospective parents to get orders from District Magistrate wherein the present case only the court can pass adoption order. Besides this, the procedure to file an appeal states that an appeal can lie before Divisional Commissioner against an adoption order. The proposed amendment also improves and strengthens the Child welfare committees. It lays down the eligibility criteria for the members which will eventually benefit the overall development of children.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.