The Rajya Sabha recently passed the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021, which proposes amendments to the Juvenile Justice Act, 2015. This move was prompted by an audit conducted by the National Commission for Protection of Child Rights (NCPCR) in 2020. The audit revealed that 90% of Child Care Institutions (CCIs), largely run by NGOs, did not have adequate facilities. Additionally, 39% of these CCIs were unregistered even after the implementation of the 2015 amendment.
Dismal State of Child Care Institutions: NCPCR Audit Findings
The NCPCR audit unveiled disturbing facts about the living conditions of children in CCIs. Less than 20% of CCIs specifically dedicated for girls were not established in certain states and 26% of child welfare officers were missing. Shockingly, three-fifths of the institutions lacked toilets, one-tenth didn’t provide drinking water, and 15% didn’t have provisions for separate beds or diet plans. Rehabilitation, the primary focus of childcare homes, was found lacking as many institutions seemed to retain children merely for funding purposes.
Key Amendments Proposed by the Juvenile Justice Bill
The proposed Bill introduces several major amendments. The definition of “Serious Offences” now includes crimes punishable with more than seven years of imprisonment. The Bill also changes certain offences from cognizable to non-cognizable, implying that arrests without a warrant will not be permissible for these crimes.
Changes Regarding Adoption and Appeals
Adoption procedures will also undergo major shifts. Rather than the court, the District Magistrate will now authorize adoption orders. If any party disagrees with the adoption order, they can appeal to the Divisional Commissioner within 30 days from the order’s issuance.
Enhanced Role of the District Magistrate
The Bill assigns new responsibilities to the District Magistrate. These include supervising the District Child Protection Unit and conducting quarterly reviews of the Child Welfare Committee’s functioning.
Trial Locations and Criteria for Child Welfare Committees
The Bill also stipulates that all offences under the previous Act must be tried in a children’s court. The selection criteria for membership in the Child Welfare Committees (CWCs) have been revised. Individuals with any record of human rights or child rights violation, those convicted of moral turpitude, those removed or dismissed from government service, or those participating in a child care institution’s management will not be eligible.
Stricter Rules for Committee Appointment and Dismissal
The state government, after an inquiry, can terminate a committee member’s appointment if they fail to attend three consecutive months of proceedings without good reason or if they miss more than three-fourths of the year’s meetings.
Key Provisions of the Juvenile Justice (Care and Protection of Children), Act, 2015
The amendment aims to revisit the Juvenile Justice (Care and Protection of Children) Act, 2015. The original Act was established to replace the Juvenile Delinquency Law and the Juvenile Justice (Care and Protection of Children Act) 2000. It included provisions for trying juveniles aged 16-18 as adults in case of heinous crimes. It also highlighted provisions related to adoption, replacing previous adoption laws with more universally applicable ones. The Act streamlined adoption procedures for orphans, surrendered and abandoned children, making the Central Adoption Resource Authority (CARA) the certified body for managing adoption affairs.
Last Modified: February 15, 2024