THE JUVENILE JUSTICE AMENDMENT BILL, 2021

This year the Lok Sabha and the Rajya Sabha passed the Juvenile Justice (Care and Protection of Children), Amendment Bill, 2021, to strengthen the provisions for the protection and adoption of children. This move is to make the bureaucrats responsible while implementing the law for the Care and protection of children. This Bill fulfills India's commitment as a signatory to the United Nations Convention on the child's rights, the Hague Convention on Protection of Children, and other related international instruments. 

KEY AMENDMENTS 

• SERIOUS CRIMES:

Currently, under the present Act, there are three categories of crimes-Petty crimes (below three years of imprisonment), heinous crimes (Offences with a minimum punishment of seven years of imprisonment under IPC or any other law), and serious crimes (three to seven years of imprisonment). However, some of the offenses defined do not strictly fall under the categories. For the first time, heinous crimes and serious crimes have been clarified. 

Offenses with a maximum sentence of more than seven years shall be treated as Serious Crimes. However, the Amendment failed to prescribe any minimum sentence. Moreover, the present Act provides that offenses punishable with imprisonment between three to seven years shall be cognizable and non-bailable offenses. The Amendment provides that such offenses shall be non-cognizable. 

• POWER OF DISTRICT MAGISTRATE: 

Presently, the civil court issues the order of adoption that establishes that a child belongs to the adoptive parents. As of July, 629 adoption cases are pending in various courts of India. 

The Amendment provides that instead of the Civil court, the District Magistrate will perform the duty of issuing such adoption orders under Section 61 of the JJ Act for speedy disposal of cases. The District Magistrate, along with the Additional District Magistrate, will be empowered to decide on adoption cases. They will also monitor Child protection services and agencies like Child Welfare Committees, the Juvenile Justice Boards, District Child Protection Units, etc. They are further empowered to conduct a quarterly inspection of the functioning of the Child Welfare Committee. DMs and ADMs will also have to maintain data regarding the reunion of Children with their parents or who are found dead, which shall be passed to the state government for proper evaluation.

• APPEAL: 

Any person aggrieved by the adoption order passed by the District magistrate may file an appeal before the Divisional Commission within 30 days from the date of such order. The appeal should be disposed of within four weeks by the Divisional Commissioner from the date of filing. 

• DESIGNATED COURT: 

As per the present Act, offenses that are punishable with imprisonment of more than seven years will be tried in the Children's Court (equivalent to a Sessions Court). A Judicial Magistrate will try offenses with imprisonment of fewer than seven years. The Bill amends that all offenses will be tried in the Children's Court.

• CHILD WELFARE COMMITTEE: 

The Amendment redefined the parameters for the appointment of CWC members. The disqualification of the CWC members has also been introduced through this Amendment:

1. Has a record of violation of human rights violation;

2. Removed or dismissed from central or state government service;

3. convicted of an offense involving moral baseness;

4. Part of a child management care institute in the district.

• REMOVAL OF MEMBERS: 

The state government can terminate any member of the Child Welfare Committee if he fails to attend proceedings of the CWCs continuously for three months without any valid reason or fails to attend 3/4s of the sittings in a year. 

CONCLUSION:

Though the measure appears revolutionary on paper, the impact of the Bill can only be determined by how it is implemented in the real world. The latest Amendment was a much-needed step during the growing number of child crimes, but the Bill may not result until the DMs are properly trained, and required requirements are implemented. 

The only concern of the Bill is that it places the whole responsibility for welfare on District Magistrates, despite the fact that District Magistrates are already overburdened with the responsibility for the entire district. Centralizing all responsibility in one authority (DMs) may cause delays and have broader consequences for child welfare. The power of grievance redress was previously vested in the Indian Courts. However, the Bill has given that power to the executive and eliminates the courts, who are experts in dealing with such laws. 

Author: Papiha Ghoshal