Juvenile care

The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021

INTRODUCED BY

Introduced by

Smt Smriti Irani

Minister of Textiles

Minister of Women & Child Development

SYNOPSIS

The bill proposes to strengthen the provisions related to protection and adoption of children.

It proposes to increase the role of district magistrate (DM) and additional district magistrate (ADM) with the issues concerning the child.

HIGHLIGHTS

Salient Points ()

Serious Offence

Serious offence would include offences for which maximum punishment is imprisonment of 7+ years.

Previously, serious offences were considered with imprisonment of 3-7 years.

 

Non Cognizable Offence

The bill amends the offence with imprisonment of 3-7 years to be non cognizable.

Earlier the offence was cognizable and non bailable.

Adoption

The bill proposes to provide more powers to district magistrate to provide adoption orders.

Earlier it was provided by court.

Appeals

The bill provides any person not satisfied with district magistrate order need to file an appeal within 30 days of order.

The appeals have to be resolved in 4 weeks of filing.

 

Additional functions of district magistrate

The additional functions include:

  • Supervising the District Child Protection Unit
  • Conducting a quarterly review of the functioning of the Child Welfare Committee (CWC).

Eligibility of CWC members

The person would not be eligible if:

  • Has any record of violation of human rights/child rights
  • Has been convicted of an offence involving moral turpitude,
  • Has been removed from service of the central/state government.
  • Is part of the management of a child care institution in a district.

Removal of members

The CWC members can be removed if:

  • They fail to attend 3 consecutive meetings
  • They fail to attend 3/4th of sittings in a year

BACKGROUND

  • In 2000, National Commission for Protection of Child Rights (NCPCR) did a audit of  almost 7,000 Child Care Institutions (CCIs).
  • The results of the audit were startling:
    • 39% CCIs were not registered
    • 20% were not set up in many states
    • There was lack of basic amenities like no toilets,  proper drinking water,  separate beds in many of the CCIs.
  • CCIs were not giving priority to rehabilitation of these kids. The children were kept only to receive funds.
  • There was a need to bring the amendment.

KEY STATS

Key Stats ()

# of adoption cases pending in court

900

Children live in shelter homes across country

2.56 lakh

TIMELINES

15 Mar 2021
24 Mar 2021

WHY (as per the govt)

  • There is significant delay in finalization of adoption cases in Courts.
  • This would strengthen and streamline the provisions for protection of children.

A CASE TO NOTE

Bhagalpur, Bihar 

The incident happened in boys care home in the district. 

The children left notes in the complaint box for years pleading to be rescued from the rescue home, but no one learnt of the crisis because the keys of the complaint box were with the child home management.

When finally the box was opened, cries of help from children blurted out and it clearly showed responsibility and accountability lapses.

WHY NOT (as per opposition)

  • This will overburden DMs along with charge of entire district and other numerous duties.
  • Centralizing all powers to DM may lead to delays and may have wider repercussions on child welfare.


MEDIA SAYING

VIDEO

Videos ()

FAQs

Cognizable offence is where arrest is allowed without warrant.

OPINION POLL

Citizen Poll

The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021

Juvenile care

Do you support Juvenile Justice Bill, 2021?

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The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021

Do you support Juvenile Justice Bill, 2021?

ORIGINAL BILL

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