In the recent news, a Group of Ministers (GoM) was chaired by the Home Minister to discuss proposed amendments to the Juvenile Justice (Care and Protection of Children) Act, 2015. The meeting was called to bolster synergy between different ministries regarding the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2018.
Improvements in the Juvenile Justice Act, 2015
Replacing the Juvenile Justice (Care and Protection of Children) Act, 2000, the updated Juvenile Justice (Care and Protection of Children) Act, 2015 aims to provide a comprehensive addressal for children involved with law conflicts and children who require care and protection.
Changes in Nomenclature and New Definitions
The act has revised its nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’, eliminating the negative connotations associated with the term “juvenile”. With this, it also introduces clear definitions for terms like orphaned, abandoned, and surrendered children; along with petty, serious, and heinous offenses committed by children.
Special Provisions for Age Group 16-18 Years
The Act has incorporated special provisions to manage child offenders committing heinous offenses within the age group of 16-18 years.
Mandatory Constitution of the JJ Board
The act mandates the establishment of Juvenile Justice Boards and Child Welfare Committees in every district, with at least one female member each.
Adoption Related Clauses
A separate section on Adoption has been added to streamline adoption procedures for orphaned, abandoned, and surrendered children. The Central Adoption Resource Authority (CARA) is now a statutory body, enabling more effective operations.
Inclusion of New Offences
The Act includes new offenses committed against children (illegal adoptions, use of child by militant groups, offenses against disabled children, etc.), which were not adequately covered under any other law.
Child Care Institutions (CCI)
All Child Care Institutions run by the State Government, voluntary, or non-governmental organizations are mandated to register under the Act within six months from the commencement of the Act.
Juvenile Justice (Care and Protection of Children) Amendment Bill, 2018
The Bill suggests that the district magistrate, instead of the court, will issue adoption orders, addressing the high pendency of adoption cases. The Bill also aims to transfer all pending matters related to adoption before any court to the district magistrate responsible for the area. These amendments are intended to expedite proceedings.
Group of Ministers (GoMs)
GoMs have been formed from time to time to examine different issues. They are temporary entities made to give recommendations to the cabinet on pressing issues and significant problem areas. They are composed of Ministers leading the concerned ministries and are disbanded after their advice is crystallized. Some of these GoMs have been empowered to make decisions on behalf of the Cabinet, known as Empowered Groups of Ministers (EGoMs). However, with the increasing number of GoMs, many have not been able to consistently meet to complete their work, thus resulting in significant delays on many major issues. As a result, all the GoMs and EGoMs were dissolved in 2014. Subsequently, in 2015, 16 informal Groups of Ministers (GoMs) were assembled to discuss key national issues.
