Introduction
A "child" is defined as a person under the age of 18 who is not mature enough to grasp what is right and wrong. In the current period, most nations' penal codes have embraced the notion of 'doli incapex,' which entails understanding that the conduct you are undertaking is illegal. Only children aged seven to twelve can be convicted, according to the criminal rules, if the conduct they performed is a severe crime and they have the knowledge and have achieved sufficient understanding to grasp the implications of their deed.
Children in criminal cases and children in need of care and protection are addressed under the Juvenile Justice (Care and Protection of Children) Act of 2015. India's commitment as a signatory to the United Nations Convention on the Rights of the Child, the Hague Convention for the Protection of Children and Cooperation in Respect of Inter-country Adoption (1993), and other similar international documents is fulfilled by the Act. As a contributor, India is obligated to take all necessary steps to defend the right of children in the areas of juvenile justice, care and protection, and adoption.
Juvenile Justice (Care and Protection of Children) Act, 2015
The Juvenile Justice (Care and Protection of Children) Act of 2015, which repeals the Juvenile Justice (Care and Protection of Children) Act of 2000, went into effect on January 15, 2016. The Act aims to fulfil the goals of the United Nations Convention on the Rights of the Child, which India adopted on December 11, 1992. It lays forth legal protections for youngsters who have run afoul of the law. It aims to solve issues raised by the current Act, such as adoption process delays, excessive case backlogs, institutional transparency, and so forth. The Act also aims to address minors aged 16 to 18 who are in dispute with the law, since there has been a growth in the number of crimes perpetrated by them in recent years.
Important changes include: To eliminate the negative connotation associated with the word "juvenile," the Act's nomenclature is being changed from "juvenile" to "kid" or "child in dispute with the law." Several additional classifications have been added, including orphaned, abandoned, and surrendered children, as well as small, severe, and heinous crimes committed by minors. There are special measures for juveniles above the age of sixteen who commit serious crimes. Adoption has been separated into its own chapter to make it easier to adopt orphaned, deserted, or abandoned children. Child Care Institutions Must Be Registered.
The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021
On March 15, 2021, the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 was tabled in the Lok Sabha and is now waiting in the Rajya Sabha. The Juvenile Justice (Care and Protection of Children) Act, 2015 is amended by this bill. According to the 2021 Bill's Statement of Objects and Reasons, adoption cases have experienced severe delays in the courts. It further claims that adoption matters are non-adversarial in character and may be resolved through a well-defined procedure. In August 2018, a similar Bill was introduced in the Lok Sabha, giving district judges the authority to issue adoption orders. The Bill, however, expired when the 16th Lok Sabha was dissolved. Juvenile offences are divided into three categories under the 2015 Act: atrocious offences (those punishable by a minimum of seven years in jail under the IPC or any other legislation), severe crimes (three to seven years in prison), and minor offences (three to seven years in prison) (below three years of imprisonment). The Supreme Court ruled in 2020 that the Act does not apply to crimes having a potential penalty of more than seven years in jail but no minimum sentence or a minimum sentence of fewer than seven years. These offences were directed to be classified as severe offences by the court. The legislation also tries to carry out the directive.
Key features of the bill
Serious Offenses: Severe crimes are those for which the maximum penalty is more than seven years in jail and the minimum penalty is not specified or is less than seven years. Serious offences are those for which the Indian Penal Code or any other legislation now provides for a sentence of three to seven years in jail.
Non-cognizable Offenses: The current Act defines a cognizable (where the arrest is permitted without a warrant) and a non-bailable offence as one that is punished by imprisonment for three to seven years. This is changed in the bill to make such offences non-cognizable. All offences under the previous Act would be prosecuted in a children's court, according to the bill.
CWCs (Child Welfare Committees): It states that a person is ineligible to join the CWC if he or she has a history of violating human or child rights, has been convicted of a crime involving moral turpitude, has been removed or dismissed from service with the federal government, a state government, or a government undertaking, or is part of the management of a district's child care institution.
Adoption: The kid currently belongs to the adoptive parents, according to the adoption order granted by the court. The District Magistrate (including the Additional District Magistrate) shall issue such adoption orders instead of the court, according to the Bill.
Appeals: Under the Bill, anybody who is aggrieved by a District Magistrate's adoption decision has 30 days from the date of the order's passage to submit an appeal with the Divisional Commissioner.
Additional responsibilities of the District Magistrate include: These responsibilities include monitoring the District Child Protection Unit and conducting a quarterly evaluation of the Child Welfare Committee's operations.
Members' Appointments Can Be Terminated: Any member of the committee's appointment can be discharged by the state government after an investigation if they fail to adhere to the CWCs' proceedings for three months in a row without giving a valid reason, or if they fail to attend less than three-fourths of the sittings in a year.
Need of the new Bill
Smriti Irani, the Minister for Women and Child Development, who introduced the bill in the Rajya Sabha, said the adjustments, which give District Magistrates more rights and powers, are being made to ensure not only speedy trials and increased protection of children at the district level, but also to quicken the adoption process in the country, with checks and balances in place. District Magistrates, including Additional District Magistrates, can now issue adoption orders under Section 61 of the JJ Act, allowing for quicker case resolution and more accountability. Adoption procedures were previously governed by the courts, and due to the backlog, each adoption case may take years to complete. This change will ensure that more orphans in need of homes, will be adopted faster.
The new bill imposed additional responsibilities on officials, according to the government authority. The failure of the Child Care Protection Units to carry out the Juvenile laws results in a surge in teenage crime rates, a lengthy adoption procedure, and other factors that contribute to the framework's ambiguity. The new statute established separate charges in order to adequately safeguard youngsters from the adult judicial system. It also grants the District Magistrates extra authority, despite the fact that they are already overburdened. The DMs must qualify for the Juvenile Justice Board, Child Care Institutions (CCIs), and District Juvenile Care Boards and work for them. Also, make it advantageous for the child's health and maintenance.
Conclusion
The new bill is progressive, and the fundamental modifications to the Juvenile Laws reinforce protection and care for children, including those who need confidence under the laws and those who suffer from the laws. It also simplifies the juvenile adoption processes for the gatherings. The promising law appears to be uncomplicated in its approach to the children's well-being. The alternative parties in parliament are also calling for the new amendment, demonstrating the importance of the much-needed advancement in the legislation. It also assigns a District Magistrate with good competence to examine the Juvenile Justice system in order to remove any ambiguity in the system and to raise interest in state assistance for juveniles.
References
1. https://www.drishtiias.com/daily-updates/daily-news-analysis/juvenile-justice-amendment-bill-2021-1
3. https://vikaspedia.in/education/child-rights/juvenile-justice-care-and-protection-of-childrenact