The Lok Sabha recently gave the green light to the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021. This bill has been conceived with the aim of tightening and streamlining the regulations concerning child protection and adoption procedures. The proposed changes will alter the Juvenile Justice (Care and Protection of Children) Act, 2015, primarily affecting children in conflict with law and those in need of care and protection.
Amendments Necessitated by National Child Rights Audit
A primary driver behind these amendments is the National Commission for Protection of Child Rights (NCPCR) audit conducted in 2020. In this audit, it was discovered that about 39% Child Care Institutions (CCIs), the majority of which are managed by NGOs, had failed to register even after the 2015 amendment was enforced. The audit also discovered various shortcomings such as lack of basic facilities including toilets and drinking water, and absence of child welfare officers in 26% of the cases.
Main Changes Proposed by the Amendment Bill
The amendments proposed by this bill cover a variety of areas, from serious crimes to adoption orders. Offences that carry a maximum prison sentence of over seven years will be categorized as serious offences. Furthermore, the Juvenile Justice Board will also inquire into any child accused of a serious crime.
Among the other significant changes, the bill changes the procedures related to adoption. Instead of a court-issued order, the District Magistrate will issue adoption orders under the amended act. Any objections to such an order can be appealed to the Divisional Commissioner within 30 days of the order’s issuance.
Role of the District Magistrate and Child Welfare Committees
The role of the District Magistrate will become more crucial under the new amendment. They will be charged with supervising the District Child Protection Unit and conducting quarterly reviews of the Child Welfare Committee’s functionality. The bill also sets strict criteria for eligibility to become a member of the Child Welfare Committees (CWCs).
Rules for Removal of Members
The bill stipulates strict guidelines for the removal of members from the Child Welfare Committees, should they fail to meet certain conditions like failing to attend committee proceedings for three consecutive months without a valid reason.
Changes Introduced by the Juvenile Justice Act of 2015
The Juvenile Justice (Care and Protection of Children) Act of 2015 replaced its preceding act of 2000, altering the terminology from ‘juvenile’ to ‘child’ or ‘child in conflict with law’. It also put forth newer definitions for abandoned and surrendered children and petty, serious, and heinous offences committed by children.
Special Provisions Introduced for Age Group 16-18 Years
The 2015 act addressed child offenders aged between 16 and 18 years who commit severe crimes by including special provisions in its structure.
Mandatory Setting Up of Juvenile Justice Boards and Welfare Committees
The Act of 2015 obliged the implementation of Juvenile Justice Boards and Child Welfare Committees across every district. It also emphasized on having at least one woman member in both entities.
Changes in Adoption Procedures and Status of CARA
The 2015 Act also incorporated a new chapter focused on streamlining the adoption procedures. A significant milestone following this change was the recognition of the Central Adoption Resource Authority (CARA) as a statutory body, enhancing its functional efficiency.
Guidelines for Child Care Institutions
Under the Act of 2015, all Child Care Institutions, whether run by the state government or non-governmental bodies, were mandated to register under the Act within six months of its commencement. Despite these guidelines, non-compliance persists, contributing to the necessity for the amendments proposed in 2021.
