JUVENILE JUSTICE AMENDMENT BILL, 2021

JUVENILE JUSTICE (CARE & PROTECTION OF CHILDREN) AMENDMENT BILL, 2021

Recently, Lok Sabha introduced some reforms in the Juvenile Justice (Care & Protection of Children) Bill, 2015. It strives to strengthen and update the provisions for the protection and adoption of children. Therefore, the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 has been passed in Parliament.
It intends to increase the role of district magistrates and additional district magistrates to matters of child care and adoption and provide outlines for children in conflict with the law or those who require care and protection.
This Bill falls under the working of Ministry of Women and Development. The act signifies India’s pledge to abide by the United Nation’s Hague Convention on Protection of Children and Co-operation in respect of Inter-country Adoption (1993) and other international instruments.

It replaced the Juvenile Justice Protection Act 2000. The updated act of 2015 came into existence after Nirbhaya Rape Case, which was recommended by the Justice Verma Committee. It describes the trial of juveniles between 16-18 years as adults in conflict with the law. The crimes were to be determined by a Juvenile Justice Board.
The adoption law given in the act stands universally in equivalent to the Hindu Adoptions and Maintenance Act (1956) and the Guardians of the Ward Act (1890) of Muslims. However, it did not replace them. It provides procedures for the adoption of orphans, abandoned and surrendered children. Under this, the Central Adoption Resource Authority (CARA) was made a statutory body to execute its duties more effectively.

NCPCR is a statutory body instituted under the Commission for Protection of Child Rights Act,2005. According to its report on “Role of Independent Commissions in Juvenile Justice Programmes in India and Closed Institutions”:
Around 1.5% of 7,000 Child Care Institutions that were surveyed did not adhere to the rules and regulations of the JJ Act, and 29% of them had huge faults in their management.
Not a single Child Care Institution across the country complied fully with the JJ Act provisions.
As different CCIs are administered and funded by the government, private or foreign agencies, they fall under the CWC and the state child protection units. They were not being monitored appropriately.
If the Children’s home applied for the license and did not receive it within three months’ time, it would be ‘deemed registered’ for a period of six months, even without government permission.

In 2020, the National Commission for Protection of Child Rights (NCPCR) conducted an audit of Child Care Institutions. As 90% of these institutions are operated by NGOs (Non-Governmental Organizations), all the details must be provided to the National Commission. The audit data suggests that even after the regulations laid down by the 2015 bill, there are still around 39% of CCIs not registered under the law. Besides, such institutions for girls are less than 20%, and there is no appointment of child welfare officers in 26% of them.
The facilities like toilets, drinking water, separate beds, a good diet plan are not provided in most centers.

The 2015 Act states that any punishable offence will lead to three to seven years of imprisonment. It will be cognizable and non-bailable. But the recent change introduced makes the offence non-cognizable, which means a warrant needs to be produced before the arrest.
Further, it says that the punishment for severe offences will also include a maximum penalty is imprisonment of more than seven years, while the minimum sentence is not prescribed or less than seven years. A Juvenile Justice Board will be set up to inquire about a child who has committed a serious offence.
To assure quick disposal of cases enhance answerability, the amendment provides the authority to the District Magistrate and the Additional District Magistrate to issue adoption order under Section 61 of the Juvenile Act.
In case of the District Magistrate issue order of adoption, the person aggrieved can file an appeal to Divisional Commissioner within 30 days of the order passed. His or her appeal should be disposed within four weeks from the date of filling of the appeal.
District Magistrate is granted with some extra powers like, to supervise the District Child Protection Unit and conduct inspection of the functioning of the Child Welfare Committee after every four months.

The recent Bill has also mentioned few provisions regarding the eligibility required to appoint the officer to Child Welfare Committee. The person is not eligible for the position in the following cases:
If he holds any record of violation of human rights or child rights.
If he is convicted as an offender based on moral corruption.
If he is removed or dismissed from the service of the state or central government.
If he already works in any child care institution in a district.

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