GS Paper 2
Syllabus: Laws, institutions and Bodies constituted for the protection of vulnerable sections.
Context:
Child rights panels of three states (Bengal, Rajasthan and Punjab) joined the Delhi Commission for the Protection of Child Rights (DCPCR), appealing to the Union government to roll back an amendment in the Juvenile Justice Act that makes certain offences against children non-cognisable.
In 2021, the Juvenile Justice (Care and Protection of Children) Act-2015 as amended through Presidential assent.
Previously, the National Commission for Protection of Child Rights (NCPCR) audit of Child Care Institutions (CCIs) in 2020, had highlighted glaring issues with the running of childcare institutions.
As per the amendments:
- Supervision by District Magistrate: DMs and ADMs will monitor the functioning of various agencies under the JJ Act in every district- including the Child Welfare Committees, the Juvenile Justice Boards, and the District Child Protection Units and the Special Juvenile Protection Units.
- The DM will also carry out background checks of CWC members, who are usually social welfare activists, including educational qualifications, as there is no such provision currently.
- The DMs are also to check possible criminal backgrounds to ensure that no cases of child abuse or child sexual abuse are found against any member before they are appointed.
- The CWCs are also to report regularly to the DMs on their activities in the districts.
- Instead of the court, the District Magistrate (including Additional District Magistrate) will now issue adoption orders.
- 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.
- Non-Cognisable offence: According to the amendment, the crimes under the special law, with punishment between three and seven years, have been reclassified as non-cognisable.
Pan India Problems with the law:
- Discourages reporting: With this amendment, if anyone goes to the police station to register a complaint, the police will refer them to a magistrate for permission.
- Need of Complainant: In some cases, NGOs or child rights activists decide to report such instances directly to the police given that they are a cognisable offence (until the amended JJ Act is notified). But the police will look for someone to be made a complainant even when they can verify the complaint and register an FIR if it is a cognisable offence.
- Directions of Magistrate: According to the Code Of Criminal Procedure, once the crimes are rendered non-cognisable, the police will be able to register an FIR only on the directions of a magistrate and a complainant will first have to approach the magistrate concerned to start the process.
- Loss of wages: Most children at CCIs whose parents are daily wage labourers do not want to engage with the legal process because that would force them to take time off from work, resulting in loss of wages.
- Reporting instances of abuse and cruelty by staffers or persons in charge at child care institutions (CCI) is not easy.
- The victims themselves are unable to directly report, most such crimes are reported to the police by either parents or child rights bodies and child welfare committees(CWC).
What is the Juvenile Justice (Care and Protection of Children) Act, 2015?
The Act was introduced and passed in Parliament in 2015 to replace the Juvenile Delinquency Law and the Juvenile Justice (Care and Protection of Children Act) 2000.
- It allowed the trial of juveniles in conflict with law in the age group of 16-18 years as adults, in cases where the crimes were to be determined.
- The nature of the crime, and whether the juvenile should be tried as a minor or a child, was to be determined by a Juvenile Justice Board.
- It received impetus after the 2012 Delhi gangrape in which one of the accused was just short of 18 years, and was therefore tried as a juvenile.
- The Act streamlined adoption procedures for orphans, abandoned and surrendered children and the existing Central Adoption Resource Authority (CARA) has been given the status of a statutory body to enable it to perform its function more effectively.
Insta Links:
To read about Juvenile Justice Act: click here
Practice Questions:
Q. Critically analyze the provisions of the Juvenile Justice Amendment Act 2021. (10M)
Q. With reference to Juvenile Justice Amendment Act 2021, consider the following statements:
- DMs and ADMs will monitor the functioning of various agencies under the JJ Act in every district.
- Instead of the court, the District Magistrate will now issue adoption orders.
Which of the statements given above is/are correct?
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2
Ans: (c)
Justification:
- The District Magistrates have been further empowered under the Act to ensure its smooth implementation, as well as garner synergized efforts in favour of children in distress conditions.
- It means that DMs and ADMs will monitor the functioning of various agencies under the JJ Act in every district- including the Child Welfare Committees, the Juvenile Justice Boards, the District Child Protection Units and the Special Juvenile Protection Units.
- Instead of the court, the District Magistrate (including Additional District Magistrate) will now issue adoption orders.
