New laws - Juvenile Justice Amendment Bill 2021

The Juvenile Justice Amendment Bill 2021, was passed, and it amends the Juvenile Justice Act, 2015.

 New laws - Juvenile Justice Amendment Bill 2021

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• The story: The Juvenile Justice Amendment Bill 2021, was passed, and it amends the Juvenile Justice Act, 2015.
• History: The Statement of Objects and Reasons of the 2021 Bill states that adoption cases have witnessed significant delay in courts. It states that adoption cases are non-adversarial in nature and can be dealt through a well laid out process.

1. A similar Bill empowering district magistrates to issue adoption orders was introduced in Lok Sabha in August 2018.  However, the Bill lapsed with the dissolution of the 16th Lok Sabha. Juvenile Justice Amendment Bill 2021
2. Under the 2015 Act offences committed by juveniles are categorized as: heinous offences (those with minimum punishment of seven years of imprisonment under IPC or any other law), serious offences (three to seven years of imprisonment), and petty offences (below three years of imprisonment).
3. In 2020, the Supreme Court observed that the Act does not deal with offences where the maximum sentence is more than seven years of imprisonment, but there is no minimum sentence, or minimum sentence is of less than seven year  The Court ordered that these offences should be categorized as serious offences. The Bill also seeks to give effect to this order.  

• Key features:

1. Under the Act, once prospective adoptive parents accept a child, an adoption agency files an application in a civil court to obtain the adoption order.  The adoption order issued by the court establishes that the child belongs to the adoptive parents.  The Bill provides that instead of the court, the district magistrate (including additional district magistrate) will perform these duties and issue all such orders.
2. The Bill provides that any person aggrieved by an adoption order passed by the district magistrate may file an appeal before the Divisional Commissioner, within 30 days of such order.  Such appeals should be disposed within four weeks from the date of filing of the appeal.
3. The Act provides that there will be no appeal for any order made by a Child Welfare Committee concluding that a person is not a child in need of care and protection.  The Bill removes this provision.
4. The Act provides that the Juvenile Justice Board will inquire about a child who is accused of a serious offence.  Serious offences are those for which the punishment is imprisonment between three to seven years.  The Bill adds that serious offences will also include offences for which maximum punishment is imprisonment of more than seven years, and minimum punishment is not prescribed or is less than seven years.
5. The Act provides that offences against children that are punishable with imprisonment of more than seven years, will be tried in the Children’s Court (equivalent to a Sessions Court).  Other offences (punishable with imprisonment of less than seven years) will be tried by a Judicial Magistrate.  The Bill amends this to provide that all offences under the Act will be tried in the Children’s Court.  
6. The Act provides that an offence under the Act, which is punishable with imprisonment between three to seven years will be cognizable (where arrest is allowed without warrant) and non-bailable.  The Bill provides that such offences will be non-cognizable and non-bailable.
7. The Act provides that states must constitute one or more CWCs for each district for dealing with children in need of care and protection.  It provides certain criteria for the appointment of members to CWC.  For instance, a member should be: (i) involved in health, education, or welfare of children for at least seven years, or (ii) a practising professional with a degree in child psychology, psychiatry, law, or social work.  The Bill adds certain criteria for a person to be ineligible to be a member of the CWC.  These include: (i) having any record of violation of human rights or child rights, or (ii) being a part of the management of a child care institution in a district.

• Need for amendment: The National Commission for Protection of Child Rights (NCPCR) audit of Child Care Institutions (CCIs) in 2020, 90% of which are run by NGOs, found that 39% CCIs were not registered, even after the 2015 amendment was brought in. It found that less than 20% CCIs, especially for girls, had not been set up in some states, 26% child welfare officers were not there. Moreover, three-fifths have no toilets, one-tenth have no drinking water and 15% homes don’t have provisions of separate beds, no diet plans. Rehabilitation of children is not a priority for childcare homes and children are reportedly kept in such institutions to get funds.

 

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