Rajya Sabha passes the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 by Somesh Vaidya @LexCliq

The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 was approved by the Rajya Sabha. The Lok Sabha approved it on March 24, 2021, ostensibly to “strengthen the child protection system under the 2015 Act.”

According to the Juvenile Justice (Care and Protection of Children) Act of 2015, the adoption of a child is complete with the issuing of an adoption order by a civil court. According to the Bill, such adoption orders will be issued by the district magistrate (including extra district magistrates) rather than the court.

Juvenile offences committed by minors were classified as heinous, severe, or petty under the 2015 Act. Serious offences included those punishable by three to seven years in jail. According to the Bill, severe offences will also include offences for which the maximum penalty is more than seven years in prison and the minimum punishment is not specified or is less than seven years.

The Bill’s Key Features

Adoption: Under the Act, after potential adoptive parents accept a child, an adoption agency files an adoption order application in a civil court. The court’s adoption order establishes that the kid is the property of the adoptive parents. According to the Bill, the district magistrate (including extra district magistrates) would undertake these responsibilities and issue all such orders instead of the court.

Appeals: The Bill states that any individual who is dissatisfied with a district magistrate’s adoption decision may submit an appeal with the Divisional Commissioner within 30 days of the date of the order. Such appeals should be resolved within four weeks of the date of filing.

The Act states that any order issued by a Child Welfare Committee finding that a person is not a child in need of care and protection is not subject to appeal. This provision is removed from the Bill.

Serious offences: The Act requires the Juvenile Justice Board to investigate a child suspected of a serious offence. Serious offences are those that carry a sentence of three to seven years in jail. According to the Bill, severe offences will also include offences for which the maximum penalty is more than seven years in prison and the minimum punishment is not specified or is less than seven years.

The Act specifies that offences against children that are punished by more than seven years in prison will be prosecuted in the Children’s Court (equivalent to a Sessions Court). Other offences (punishable by fewer than seven years in jail) will be tried by a Judicial Magistrate. The Bill changes wording to state that any violations of the Act shall be prosecuted in the Children’s Court.

Offenses against children: The Act states that any offence punished by imprisonment for three to seven years is cognizable (arrest is permitted without a warrant) and non-bailable. According to the Bill, such offences will be non-cognizable and non-bailable.

Child Welfare Committees (CWCs): The Act requires states to form one or more CWCs for each district in order to deal with children in need of care and protection. It establishes certain conditions for the selection of CWC members. A member, for example, should be: (i)engaged in children’s health, education, or welfare for at least seven years, or (ii) a practising professional with a degree in child psychology, psychiatry, law, or social work. The Bill establishes new conditions for a person to be disqualified to join the CWC. These include (i) having a history of violating human or child rights, or (ii) being a member of the administration of a child care facility in a district.

Written by Somesh Vaidya

Leave a Reply

Glucofort Reviews
Articles Latest Updates

What Is Diabetic – What Is Normal Blood Sugar Levels After Eating?

What is a Diabetic? A person with diabetes is called a diabetic or diabetic. A diabetic has a condition in which the body cannot produce enough insulin, or its effect is not working properly. The symptoms of diabetes are frequent urination, excessive thirst, increased hunger, unexplained weight loss, blurred vision, skin infections, etc. A diabetic […]

Read More
Articles

Troy Aikman CBD Gummies (Scam Or Trusted) Beware Before Buying

It can similarly help with facilitating joint torture and support the joints inside for better and more versatile joints. Conditions may similarly help with holding a person back from experiencing compassion or disquiet when they consume gums reliably. Troy Aikman CBD Gummies ensure that our mind is exceptionally still so we can rest adequately. Chewy candies are […]

Read More
Articles

Troy Aikman CBD Gummies (Pros and Cons) Is It Scam Or Trusted?

Troy Aikman CBD Gummies are a reasonable extraordinary and hearty course of activity. They incorporate present day and standard adornments to address or fix logical issues. You need to kill the cannabinoids from the plant with exorbitant mindfulness. It very well might be joined with first rate trimmings to make it extra enormous and taste better. […]

Read More