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Recently, the Lok Sabha passed the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 that seeks to strengthen and streamline the provisions for protection and adoption of children.

• The Bill amends the Juvenile Justice (Care and Protection of Children) Act, 2015 and contains provisions related to children in conflict with law and children in need of care and protection.

Key Points

• Need of the Amendment:
  
  • TheNational Commission for Protection of Child Rights (NCPCR) audit of Child Care Institutions (CCIs) in 2020, 90% of which are run by NGOs, found that 39% CCIs were not registered, even after the 2015 amendment was brought in.
  • It also found that less than 20% CCIs, especially for girls, had not been set up in some states, 26% child welfare officers were not there.
  • Moreover, three-fifths have no toilets, one-tenth have no drinking water and 15% homes don’t have provisions of separate beds, no diet plans.
  • Rehabilitation of children is not a priority for childcare homes and children are reportedly kept in such institutions to get funds.
  • Serious offences: 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 of less than seven years.
    
    • Serious offences are those for which the punishment under the Indian Penal Code or any other law for the time being is imprisonment between three and seven years.
    • Juvenile Justice Board inquires about a child who is accused of a serious offence.
    • The present Act provides that an offence which is punishable with imprisonment between three to seven years to be cognizable (where arrest is allowed without warrant) and non-bailable.
      
      • The Bill amends this to provide that such offences will be non-cognizable.
      • Such appeals should be disposed within four weeks from the date of filing of the appeal.
      • has any record of violation of human rights or child rights,
      • has been convicted of an offence involving moral turpitude,
      • has been removed or dismissed from service of the central government, or any state government, or a government undertaking,
      • is part of the management of a child care institution in a district.

      Juvenile Justice (Care and Protection of Children) Act, 2015

      • The Juvenile Justice (Care and Protection of Children) Act, 2015 replaced the Juvenile Justice (Care and Protection of Children) Act, 2000.
      • Change in Nomenclature:
        
        • The Act changes the nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’. Also, it removes the negative connotation associated with the word “juvenile”.
        • It also includes several new and clear definitions such as orphaned, abandoned and surrendered children; and petty, serious and heinous offences committed by children.
        • Included special provisions to tackle child offenders committing heinous offences in the age group of 16-18 years.
        • It mandates setting up Juvenile Justice Boards and Child Welfare Committees in every district. Both must have at least one woman member each.
        • A separate new chapter on Adoption to streamline adoption procedures for an orphan, abandoned and surrendered children.
        • Also, the Central Adoption Resource Authority (CARA)was granted the status of a statutory body to enable it to perform its function more effectively.
        • The Act states that the adoption of a child is final on the issuance of an adoption order by the court. Currently, there are 629 adoption cases pending in various courts.
        • All Child Care Institutions, whether run by State Government or by voluntary or non-governmental organisations are to be mandatorily registered under the Act within 6 months from the date of commencement of the Act.