The Juvenile Justice Act, formed under the United Nation Convention on Rights of Child, offers provisions for the legal handling of minors involved in criminal offenses in India. In 2015, the Indian government replaced the Juvenile Delinquency Law and the Juvenile Justice (Care and Protection of Children Act) 2000 with a new Juvenile Justice (Care and Protection of Children) Act. This new Act emphasizes the trial of juveniles aged between 16 to 18 as adults for serious crimes, thus offering more stringent and comprehensive provisions for juvenile offenders.
Juvenile Justice (Care and Protection) Amendment Act 2021
The Juvenile Justice (Care and Protection of Children) Amendment Act was passed in 2021 to adjust several provisions of the 2015 Act. For instance, specific crimes against children that were earlier categorized as cognizable offenses are now deemed to be non-cognizable, therefore making the reporting of abuse at child care institutions increasingly difficult. The amendment also aims to expedite adoption proceedings. The district magistrate now has the power to issue adoption orders, which will amplify protection and streamline the process for numerous pending adoption cases.
The Role of Child Care Institutions (CCI)
Both state-run and non-governmental or voluntary Child Care Institutions must register under the act within six months of its commencement. They are responsible for caring for orphaned, abandoned and surrendered children, ensuring their adoption processes run smoothly.
Challenges Highlighted by the Juvenile Justice Amendment Act, 2021
Section 86 of the JJ Act is under scrutiny due to its reclassification of special law crimes with punishment terms ranging between three to seven years, as non-cognizable. Victims often feel powerless to directly report these crimes due to perceived power inequities. Most of these crimes are reported to the police by parents, child rights bodies or Child Welfare Committees (CWC). Unfortunately, many parents, primarily daily wage labourers, are either unaware of how to report the crimes or prefer not to engage with the legal process to avoid potential loss of wages.
Understanding Cognizable and Non-Cognizable Offences in India
In India, cognizable offenses are serious crimes, like murder, rape, or theft, where a police officer can arrest the accused without a warrant and launch an investigation without court permission. Non-cognizable offenses are less severe crimes that are bailable by nature. In such cases, the police cannot arrest the accused nor initiate an investigation without a warrant. Typically, a criminal complaint is lodged with a magistrate, who instructs the concerned police station to begin an investigation into offenses like forgery, defamation, or public nuisance.
Statistics on Crimes Against Children
According to the National Crime Records Bureau (NCRB), crimes against children committed by Child Care Institutions in-charges increased by over 700 percent between 2017 and 2019. In 2017, the NCRB recorded 278 cases involving 328 child victims; these numbers rose dramatically to 1,968 cases involving 2,699 child victims by 2019.
Legal Frameworks for Child Welfare
Several legal frameworks exist in India to ensure the welfare of children. These include the Protection Of Children from Sexual Offences Act (POCSO) 2013, the Child Labour (Protection and Regulation) Act 2016, the United Nation Convention on the Rights of the Child (UNCRC), and the National Commission for Protection of Child Rights 2005.
Way Forward
To ensure swift delivery of justice and ease the reporting capacity of victims through parents or independent civil society organisations, certain measures must be implemented. First, a high conviction rate would create safer conditions for children. Second, district magistrates require specific training in child protection laws, as they are often unequipped to deal with these specialized guidelines. Lastly, to enhance child safety, the District Administration should coordinate closely with Child Welfare Committees, Juvenile Justice Boards, Child Care Institutions, district child protection units, and special juvenile police units.
