Aishwarya Rathore-
The Rajya Sabha on Wednesday passed the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021.
On March 24, 2021, the Lok Sabha passed it, purportedly to “strengthen the child protection framework under the 2015 Act.”
The Bill inter alia seeks to re-define the category of “serious offences” under the Juvenile Justice (Care and Protection of Children) Act, 2015 and further, empower the District Magistrates to pass adoption orders.
Smriti Zubin Irani, Minister of Women and Child Development, stated that Child Welfare Committees (CWCs) take a long time to process Adoption. As a result, the Amendment Bill defines the circumstances under which CWCs must operate and report to the District Magistrate in order to expedite the adoption process.
Due to disruptions created by opposition protesters, the Bill was approved without much debate in the Upper House.
Salient Features
Re-defines Serious Offences:
In Shilpa Mittal v. State of NCT of Delhi, the Supreme Court observed that the Juvenile Justice Act does not deal with the fourth category of offences viz., offence where the maximum sentence is more than seven years imprisonment, but no minimum sentence or a minimum sentence of less than seven years is provided and treated the same as “serious offences” under the Act.
The Bill proposes to redefine ‘serious offences’ to include such offences for which the punishment is:
- Minimum imprisonment for a term of 3-7 years;
- Maximum imprisonment for a term more than 7 years but no minimum imprisonment or minimum imprisonment of less than 7 years.
Classification of Offences and Designated Courts
The Bill proposes to amend Section 86 of the Act to the effect that offences punishable with imprisonment between 3-7 years shall be non-cognizable and non-bailable.
Adoption
Section 58 of the Juvenile Justice Act prescribes the procedure for the adoption of children by prospective adoptive parents. The procedure involves a seal of approval by the Civil Court, which passes the final adoption order.
The Bill provides that instead of the Court, the District Magistrate (including Additional District Magistrate) will issue such adoption orders, both for intra-country and inter-country adoptions.
Appeals
The Bill proposes to insert Sub-Sections 6 and 7 under Section 101 of the Act. The proposed provisions provide that any person aggrieved by an adoption order passed by the District Magistrate may file an appeal before the Divisional Commissioner within a period of 30 days. Endeavour shall be made to dispose of such appeals within 4 weeks.
Additional functions of the District Magistrate
The Bill proposes to empower the District Magistrate including Additional District Magistrate to effectively coordinate and monitor the functions of various agencies responsible for the implementation of provisions of the Principal Act.
They have been empowered to:
- Supervise the District Child Protection Units and Special Juvenile Protection Units, and
- Conduct a quarterly review of the functioning of the Child Welfare Committee, Juvenile Justice Boards.
Child Welfare Committees
Section 27 of the Act provides that States shall constitute one or more CWCs for each district for dealing with children in need of care and protection.
The Bill inserts the Sub-section 4(a) which provides that the members of CWCs should be:
- Involved in health, education, or welfare of children for at least 7 years, or
- A practising professional with a degree in child psychology, psychiatry, law, or social work.
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