Juvenile Justice (Care and Protection of Children) Amendment Bill 2021
The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021, was passed in Parliament.
The bill is amendment over the Juvenile Justice Act, 2015
- The National Commission for Protection For Child Rights, audit of Child Care Institutions (CCIs) in 2020 and found that 90% of CCIs are run by NGOs and 39% CCIs were not registered,.
- Commission also found that less than 20% CCIs, especially for girls, had not been set up in some states.
- Further, three-fifths CCIs have no toilets; one-tenth CCIs have no drinking water.
Amendments Proposed in the Bill:
- Serious Offences: Serious offences are those offences for which the punishment under the IPC (Indian Penal Code) or any other law for the time being is imprisonment between three and seven years.
- Non-cognizable Offences: The Juvenile Justice Act, 2015 provides that an offence which is punishable with imprisonment between three to seven years to be cognizable i.e., arrest is allowed without warrant and non-bailable. The amendment bill provides that such offences will be non-cognizable.
- Adoption: According to The Juvenile Justice Act, 2015 the adoption order issued by the court establishes that the child belongs to the adoptive parents. The amendment Bill provides that instead of the court, the District Magistrate (including Additional District Magistrate) will issue such adoption orders.
- Appeals: The amended 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 from the date of passage of such order.
- Designated Court: The amendment Bill proposes that all offences under the earlier Act be tried in children’s court.
- Child Welfare Committees (CWCs):Eligibility Parameters for Appointment of CWC Members Redefined to ensure that Only the Persons Capable of Rendering Quality Service with Requisite Competence and Integrity are Appointed. Amendment bill provides that a person will not eligible to be a member of the CWC if he/she
- H e/she has any record of violation of human rights or child rights,
- He/she has been convicted of an offence involving moral turpitude,
- He/she has been removed or dismissed from service of the central government, or any state government, or a government undertaking.