Chandigarh: Parliament on Wednesday passed the Juvenile Justice (Child Care and Protection) Amendment Bill, 2021. There is a provision to increase the role of District Magistrates and Additional District Magistrates in matters relating to child care and adoption.
The bill introduced in the Rajya Sabha was passed amid a commotion in the Opposition. The bill was introduced in the Rajya Sabha by Women and Child Development Minister Smriti Irani and was passed by the Opposition amidst protesting the Pegasus espionage case, opposition to agricultural laws, and price hikes.
Notably, the bill was passed by the Lok Sabha in March 2021. It amends the Adult Justice Act, 2015, which also includes the issuance of adoption orders by district magistrates under section 61 of the Act to ensure speedy disposal of cases and accountability. The Act empowers the District Magistrates to ensure its smooth functioning and to coordinate efforts in favour of children in times of distress.
As per the amended bill, any child care institution would be registered only after considering the recommendations of the District Magistrate. The District Magistrate will independently evaluate the functioning of District Child Protection Units, Child Welfare Committees, Adult Justice Boards, Specialist Adult Police Units, and Child Care Institutions.
Offences with a minimum penalty will be considered serious offences under this Act. At present, there are three categories of crime under the Act - minor, serious, and heinous, but it has been observed that some crimes do not fall into these three categories. Therefore, it was decided to impose a maximum sentence of seven years but any minimum sentence or a minimum sentence of fewer than seven years would be considered a serious offence under the Act.
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Smriti Irani said that if a person has a record of human rights violations, he will never be appointed a member of the Child Welfare Committee. In addition, people involved in crimes such as moral turpitude, child abuse, child labour, and immorality will not be able to become members of the committee. To avoid conflicts of interest, non-governmental organizations that run child welfare organizations or receive government benefits that are part of the management of child care organizations may not be part of the Child Welfare Committees. According to the bill, no such person can be made a member of the Child Welfare Committee unless he has been actively involved in health, education, or child welfare activities for at least seven years.
(Article by Dinesh K Sharma)