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
TIMELINES
Bill introduced in Lok Sabha
Bill passed in Lok Sabha
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
Media Saying ()
Tribuneindia News Service 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
Do you support Juvenile Justice Bill, 2021?
Responses